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RAYMUNDO M. BABIDA,
Defendant.
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ANSWER
WITH MOTION TO DISMISS
DEFENDANT, by himself, unto this Honorable Court respectfully avers:
ADMISSIONS
1. Defendant admits paragraphs 1, 2, 3, 4, and 11 and 11.1 (a to e) except
11.2 of the complaint.
2. Defendant admits paragraph 9 of the complaint, except the fact that his
average take home pay from January to June 2003 is P3,596.44 only, evidenced
by a certified true copy of his SALARY CARD1 for Year 2003.
NO PERSONAL KNOWLEDGE
3. For lack of knowledge or information to form a belief as to the truth
thereof, Defendant specifically denies paragraph 10 of the complaint.
SPECIFIC DENIALS
4. For the truth of the matter found in the Special and Affirmative
allegations and Defenses of this Answer, defendant specifically deny paragraphs
5, 6, 7 and 8 of the complaint.
Annex 2 -Imperial Express Service Corp. (IESC) Application Slip & Disbursement Report dated 5/13/02
for P2,300.00
3
Annex 3 IESC Application Slip dated 5/25/02 for P700.00
4
Annex 4- IESC Application Slip dated 6/26/02 for P700.00
5
Annex 5 IESC Application slip dated 7/22/02 for P1,000.00
6
Annex 6 IESC Disbursement Report dated 9/25/02 for P1,400.00
7
Annex 7 IESC Application Slip dated 10/17/02 for P500.00 for Mary Ann Babida
8
Annex 8 IESC Application Slip dated 10/17/02 for P500.00 for Maray Mill Babida
9
Annex 9 IESC Application Slip dated 11/05/02 for P2,500.00
10
Annex 10 IESC Application Slip dated 11/19/02 for P1,500.00
11
Annex 11 IESC Application Slip dated 12/18/02 for P1,500.00
12
Annex 12 IESC Application Slip dated 1/21/03 for P1,500.00
13
Annex 13 IESC Application Slip dated 2/14/03 for P2,000.00
14
Annex 14 IESC Application Slip dated 3/18/03 for P2,000.00
15
Annex 15 IESC Application Slip dated 5/14/03 for P2,500.00
COUNTERCLAIM
12. Defendant repleads, adopts and incorporates by way of reference the
foregoing allegations of his answer.
13. Having been made to defend himself in an unfounded suit, the
defendant will be compelled to hire the services of a lawyer and shall be
obligated to pay attorneys fees in an amount to be agreed with the lawyer.
14. The filing of this baseless and clearly exaggerated suit upon the
insinuation of the plaintiffs mother had caused upon the defendant mental
anguish, besmirched reputation and wounded feelings for which plaintiffs mother
should be ordered to pay the defendant the amount of P50,000.00 in moral
damage.
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court that the complaint be dismissed and that the plaintiffs be
ordered to be placed in the custody of the defendant.
And on the counterclaim, defendant prays for judgment ordering the
plaintiffs mother to pay the defendant P50,000.00 in moral damage, attorneys
fees and to pay the cost of the suit.
Defendant further prays for other reliefs deemed equitable and just in the
premises.
COPY FURNISHED/
With Explanation: (Reg. Mail with Return Card due to distance)
ATTY. ROLDAN GUIDO A. CAPITO
Counsel for the Plaintiffs
Public Attorneys Office
DOJ, Borongan, Eastern Samar
VERIFICATION
I, RAYMUNDO M. BABIDA, of legal age, Filipino, married and a resident
of Tacloban City, after having been first sworn according to law, hereby state:
I am the defendant in the above-entitled case; I have caused the
preparation of the foregoing Answer; that I have read and understood therein and
that they are true and correct of my own knowledge and belief and based on
authentic documents.
RAYMUNDO M. BABIDA
SUBSCRIBED AND SWORN to before me this 17 July 2003 at Tacloban
City, Philippines.
Doc. No. ___
Page No. ___
Book No. XXXVI
SERIES OF 2003