Prac-court-answer.docx

REPUBLIC OF THE PHILIPPINES Seventh Judicial Region OFFICE OF THE CITY PROSECUTOR City of Cebu

CATRIONA GRAY Plaintiff, -versus-

CIVIL CASE NO. 345 FOR VIOLATION OF B.P. 22

PIA WURTZBACH Defendant X-------------------------------X ANSWER COMES NOW, the defendant, through the undersigned counsel and unto this Honorable Court, most respectfully deposes: 1. That she admits the averments stated in paragraph 2 of the Complaint insofar as her personal circumstances are concerned; 2. That she likewise admits her obligation to pay the Plaintiff the amount of Two Hundred Twenty Thousand Pesos (Php 200,000.00) with an interest in the amount of Twenty Thousand Pesos (Php 20,000.00) as stated in paragraph 3 and in consideration of such obligation, she issued a check dated 02 January 2019 on 01 December 2018; 3. That she DENIES the rest of the allegations set forth by the Plaintiff as the obligation had already been extinguished by compensation when Plaintiff loaned money in the amount of Two Hundred Fifty Thousand Pesos (Php 250,000.00) from herein Defendant on 25 December 2018; 4. That in fact, herein Defendant mailed the Plaintiff a letter to clarify the extinguishment of her obligation on 26 December 2018. A copy of the letter is herein attached integrally as Annex “1”; 5. That Plaintiff confirmed through phone call of her assent to the extinguishment of the obligation. To prove the same, Plaintiff issued an acknowledgment receipt to herein Defendant stating therein that she had already disposed the check issued by the latter. A copy of the acknowledgment receipt is herein integrally attached as Annex “2”;

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6. That Defendant denies receipt of any demand letter from the Plaintiff and in fact, she had not seen the Plaintiff after their meeting on 01 December 2018; 7. That Defendant is without knowledge or information sufficient to form a belief as to the veracity of the averments in paragraphs 5, 6 and 7 of the Complaint, and therefore, DENIES them.

PRAYER WHEREFORE, the Defendant respectfully prays that the following be adjudged in favor of herein Defendant and against the Plaitiff: 1. Attorney’s fee equivalent to twenty five percent (25%) of the total obligation due and demandable exclusive of appearance fee for every hearing; 2. Exemplary damages of Php 80,000.00; 3. Moral damages of Php 80,000.00; and 4. The costs of suit. Other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for. City of Cebu, 16 January 2019.

REAH CREZZ PEREZ ANDRINO Roll of Attorneys No. 14344 IBP No. 45678-Cebu City-1/10/2019 PTR No. 890123-Cebu City-1/10/2019 MCLE Compliance No. II-1613256-09/26/2018 Unit 401 Krizia Building, Gorordo Avenue, Cebu City

Copy Furnished: ATTY. EVANGERYL A. MUNEZ Room 301, Zamora Bldg., Mabolo, Cebu City

EXPLANATION Copy of the foregoing ANSWER was served to Plaintiff’s counsel by registered mail due to time and personnel constraints to effect personal service.

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REPUBLIC OF THE PHILIPPINES Seventh Judicial Region OFFICE OF THE CITY PROSECUTOR City of Cebu

CATRIONA GRAY Plaintiff, -versus-

CIVIL CASE NO. 345 FOR VIOLATION OF B.P. 22

PIA WURTZBACH Defendant X-------------------------------X

JUDICIAL AFFIDAVIT I, PIA ALONZO WURTZBACH, of legal age, single, and a resident of Block 3 Lot 15, Binibining Pilipinas Village, Mabolo, Cebu City, after having duly sworn to in accordance with law, depose and state that: PRELIMINARY STATEMENT The person examining me is Atty. Reah Crezz Perez Andrino with address at Unit 401 Krizia Building, Gorordo Avenue, Cebu City. The examination is being held at the same address. I am answering her questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. PURPOSE This affidavit of PIA ALONZO WURTZBACH is being offered to prove that she did not do any act in violation of Batas Pambansa Bilang 22 as averred by the Complaint of the Plaintiff. Q1: What is your purpose of visiting the office of a lawyer now? A1: I wanted to testify against the allegations of the Plaintiff, Catriona Gray, in relation to the Complaint the latter filed before the Office of the Prosecutor. Q2: Do you know the Plaintiff Catriona Gray? A2: Yes. She is a friend of mine since college. Q3: What do you know about the allegations of the Plaintiff? A3: According to the copy of the Complaint I received, she is accusing me of issuing a check on 01 December 2018 which was unfunded when she sought for its encashment.

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Q4: What happened on 01 December 2018? A4: On 01 December 2018, I went to the house of Catriona Gray to borrow the amount of Php 200,000.00, which was to be used for the by-pass operation of my mother. Q5: What did she do after you borrowed such amount? A5: She agreed to lend me such amount however she needed to be assured that she would be paid on the date agreed upon. Q6: What happened next? A6: I told her that I was willing to issue a check to be dated on 02 January 2019, which was the date I promised to make my full payment. When she told me that she would give me the said amount, I immediately issued a check on her favor. After receiving the Php 200,000.00 in cash, I went home. Q7: Were you able to pay the money you loaned? A7: Yes. On 25 December 2018, Catriona called me saying that she wanted to borrow Php 250,000.00. Fortunately, my talent fee was already credited to my bank account so I intended to pay for the money I loaned from her. Since I was in Manila for a photoshoot, I sent her the money through bank fund transfer, which she confirmed via text message. Q8: Was that the last conversation you had? A8: No. Since I wanted to clarify the transaction we had, I sent her a letter on 26 December 2018. In the letter, I told her that I did not have any loan obligation to her since it was already compensated with the money she owed me. A copy of the letter is hereto attached as Annex “1”. Q9: Did she respond to the letter? A9: Yes. She called me confirming receipt of the letter. She also agreed to the compensation of the debts. She issued an acknowledgment receipt covering the Php 250,000.00 I gave her. She ended the call saying that she had already disposed the check I gave her earlier as security. A copy of the acknowledgment receipt is hereto attached as Annex “2”. Q10: Was that the last time you heard from the Plaintiff? A10: Yes. That was the last time we had a conversation. The acknowledgment receipt was merely delivered to my residence. In fact, I was surprised that she filed a complaint against me. Q11: Is there anything you want to add? A11: No. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of January 2019 at City of Cebu.

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PIA WURTZBACH Affiant SUBCRIBED AND SWORN to before me this 21st day of January 2019, at City of Cebu, affiants exhibiting to me her competent evidence of identity: PIA WURTZBACH, her LTO Driver’s License No. 4326000010 thus satisfactorily having proven her identity to me. ATTESTATION I, ATTY. REAH CREZZ PEREZ ANDRINO, Filipino, of legal age, with office address at Unit 401 Krizia Building, Gorordo Avenue, Cebu City, do hereby certify that: I propounded questions to PIA WURTZBACH and faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that PIA WURTZBACH gave, as above stated. Neither I nor any other person then present or assisting her coached her regarding the latter’s answers. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of January 2019 at City of Cebu.

REAH CREZZ PEREZ ANDRINO Roll of Attorneys No. 14344 IBP No. 45678-Cebu City-1/10/2019 PTR No. 890123-Cebu City-1/10/2019 MCLE Compliance No. II-1613256-09/26/2018 Unit 401 Krizia Building, Gorordo Avenue, Cebu City

SUBCRIBED AND SWORN to before me this 21st day of January 2019, at City of Cebu, affiants exhibiting to me her respective competent evidence of identity: REAH CREZZ PEREZ ANDRINO, her Driver’s License No. 65473920, thus satisfactorily having proven her identity to me.

NOTARY PUBLIC Doc No: _____ Page No: _____ Book No: _____ Series of 2019.

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ANNEX “1” 26 December 2018 CATRIONA GRAY Block 1 Lot 13, Miss Universe Village Mabolo, Cebu City Dear Catriona, I think that we always have a good relationship with each other and I see no problem with that at all. But, I just wanted to clarify that I no longer have any loan obligation with you since I made you borrow the amount of Php 250,000.00. That makes you indebted to me in the amount of Php 30,000.00. To be a debtor of a large amount is both an honor and a responsibility. If I were to owe money from someone, I will use all means to pay it the soonest time possible. Now that I have paid the same, I want to show the world, the universe rather, that I am confidently free from debt with a heart. Thank you.

Confidently yours, Pia Wurtzbach

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ANNEX “2”

ACKNOWLEDGMENT RECEIPT Received from Pia Wurtzbach the amount of TWO HUNDRED FIFTY THOUSAND PESOS (Php 250,000.00) on 25 December 2018. This likewise serves as an attestation that she no longer has any indebtedness to me.

CATRIONA GRAY

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REPUBLIC OF THE PHILIPPINES Seventh Judicial Region MUNICIPAL TRIAL COURT City of Cebu

CATRIONA GRAY Plaintiff, -versus-

CIVIL CASE NO. 345 FOR VIOLATION OF B.P. 22

PIA WURTZBACH Defendant X-------------------------------X DEFENDANT’S PRE-TRIAL BRIEF DEFENDANT, through public prosecutor and unto this Honorable Court respectfully submits this Pre-Trial Brief in compliance with the trial court’s order received on 17 January 2019: I. PLEA BARGAINING Defendant is not amenable to any plea bargaining agreement as it runs contrary to the facts she stipulated herein. II. STIPULATION OF FACTS Defendant denies all the allegations alleged by the plaintiff as facts contrary to the defendant’s. III. ISSUES TO BE TRIED AND RESOLVED The Defendant proposes the following issues to be tried and resolved by this Honorable Court: 1. Whether the defendant made, drew, and issued Metrobank Check No. 12345 to apply for account or for value; 2. Whether the defendant had knowledge that at the date the check was made payable, she does not have sufficient funds in or credit with Metrobank Mabolo Branch for the payment of such check in full upon its presentment; and 3. Whether there was subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the

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defendant, without any valid cause, ordered the bank to stop payment. IV. TESTIMONIES AND DOCUMENTS TO BE PRESENTED Defendant will present the following documentary and testamentary evidence: 1. Defendant’s Judicial Affidavit as Exhibit “A”; 2. Letter dated 26 December 2018 as Exhibit “B”; and 3. Acknowledgment Receipt issued by the Plaintiff as Exhibit “C”. V. AVAILABILITY FOR TRIAL The Defendant respectfully informs this Honorable Court of her willingness to proceed to an actual trial of the case whenever necessary at the convenient time of the parties and the calendar of this Tribunal. WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that the foregoing Pre-Trial Brief be duly noted. Done this 18th day of January 2019 at City of Cebu.

ATTY. IVAN LLEGUNAS Assistant City Prosecutor

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