Republic of the Philippines REGIONAL TRIAL COURT Branch 8 Roxas City Capiz ADRIANO CASUMPANG Plaintiff, -versusCIVIL CASE

NO. 0008 ANSWER

MARITER MENDOZA Defendant,

As and for her Answer to the Complaint herein, the Defendant, MARITER MENDOZA respectfully shows and alleges as follows: 1. Admits the truth of the allegations of paragraph 1 of the complaint. 2. Denies knowledge or information sufficient to form a belief as to the truth of the allegation in paragraph 2, 4 and 5. 3. Denies the allegation of the paragraph 3 of the complaint. By way of special and affirmative defenses, defendant avers: A. That the defendant exercises extra ordinary diligence required to him in the practice of his profession. Moreover, as physician he is a good standing, practicing in the same locality. As a matter of fact, plaintiff failed to come as advised by the defendant on the date required for her follow-up consultation. B. That defendant never receive a call from the plaintiff nor the plaintiff personally visited the clinic for medical consultation since the clinic of the defendant is in the same city where the plaintiff resides. It is the plaintiffs fault that her conditioned had worsened; she did not follow the advice of her doctor after the operation.

C. That the thing (gauze) it is not the proximate cause of the death of the plaintiff. The death occurred one year after the operation conducted by the defendant.

By way of counterclaim, defendant alleges:

1.

That by virtue of this unwarranted and malicious act initiated by the plaintiff, defendant was forced to engage counsel in the sum of P10,000.00. That the defendant be paid moral damages for the amount of 100,000.00

2.

WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Other equitable reliefs are likewise prayed for.

TINA JOY PEDROSA COUNSEL FOR DEFENDANT Lawa-an Roxas City PTR. NO 654321 IBP No. 00005 Roll No. 50001

VERIFICATION

MARITER MENDOZA, being duly sworn, deposes and says: I am the defendant in the above entitled action. I have read the forgoing Answer and know the contents thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on information and belief and as to those matter, I believe them to be true. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of these papers or the contentions therein are not frivolous.

MARITER MENDOZA Defendant