Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
Branch_____, Bacolod City

LIZA C. PANTEROS
Plaintif

Civil Case. No.

For: Sums of Money

-versusANNIE B. TOCUN
Defendant
x---------------------------------------x
ANSWER WITH SPECIAL AFFIRMATIVE DEFENSE AND COUNTERCLAIM

COMES NOW THE DEFENDANT, by the undersigned counsel, and unto this
Honorable Court most respectfully aver,
I
That the Defendant admits the allegation set forth in Paragraph I of the
Complaint;

II
That Defendant likewise admits the allegation set forth in Paragraph II
thereof;

III
That Defendant acknowledges that she borrowed from the Plaintiff, and that
she recognized the authenticity of the promissory note and the validity of its
content, and that she personally executed the same for and in favor of the Plaintiff
as contained in the averments of Paragraph III and IV of the Complaint;

IV
That at the same time Defendant admits that the Plaintiff repeatedly made
oral demand as adverted in Paragraph V of the Complaint, but Defendant

specifically denies that she failed or has refused to pay any amount to the Plaintiff
as further explained in the Affirmative Defense;
V
In Paragraph VI of the Complaint, Defendant admits each allegation contained
therein;

VI
That Defendant is without knowledge or information to form a belief as to the
truth or falsity of the averments made in Paragraph VII of the Complaint, and thus
deny the same upon that ground;

VI
As stated in Paragraph VIII of the Complaint, Defendant admits that she
received such Demand Letter, that in addition, Defendant orally explains to the
Plaintiff that the obligation was already extinguished by the payment made by the
Defendant through her agent Ms. Maria C. Panteros, as elaborated further in
Affirmative Defense;

As and by way of SPECIAL AFFIRMATIVE DEFENSE, Defendant alleges:

VII
Plaintiff has NO CAUSE OF ACTION against Defendant ANNIE B. TOCUN, the
Obligation was Extinguished by Payment made by the Defendant on August 20,
2011 at the residence of the Plaintiff on the address given above thru Plaintiffs
agent Ms. Josefa Panteros, who during payment transaction presented a Special
Power of Attorney granting her legal right to collect debt and received payment on
Plaintiffs behalf. A copy of the Special Power of Attorney is attached herewith as
Annex -A.

VIII

Furthermore, the aforementioned Plaintiffs agent, Ms. Josefa C. Panteros, is

also a sister of the Plaintiff who live with her in the same address, and is publicly
known as an agent of the Plaintiff during that period, and on one occasion was
personally introduced by the Plaintiff to the Defendant as an authorized person to
receive payment in her behalf in case the Plaintiff will be out of the country.

IX
That Defendant came to the given address of the Plaintiff on August 20, 2010
to deliver the money as payment for the loan, and was accommodated by Ms.
Josefa C. Panteros who presented the aforementioned Special Power of Attorney and
personally received in cash the amount of Seven Hundred Thousand Pesos (Php
700,000.00) and executed a Receipt of Payment a copy of said receipt is attached
herewith as Annex-B forming an integral part of this answer.

X
In any event, debtor Plaintiffs enforceable right ceased when payment was
lawfully made by the Defendant through Plaintiffs authorized agent under Art. 1240
of the New Civil Code which states that: Payment shall be made to the person in
whose favor the obligation has been constituted, or his successor in interest, or any
person authorized to receive it.

XI
Moreover, Plaintiff has no right to demand payment, as such as right has
already extinguished by payment made through her agent. Nor she has any right to
resort to any settlement for none of her rights were infringe.

As and by way of COUNTERCLAIM Defendant alleges:

XII

That by reason of the baseless and unjust suit filed by the Plaintiff,
Defendants public reputation and goodwill were considerably impaired, for
Defendant is ought to be compensated in the amount of Two Hundred Thousand
(Php 200,000.00).

XIII
That in order to defend her from baseless and unjust suit filed by the Plaintiff,
Defendant was constrained to engage the services of the undersigned counsel in
the sum of Thirty Thousand Pesos (Php 30,000.00) plus Two Thousand Pesos (Php
2,000.00) per court appearance.
WHEREFORE, it is prayed that after trial on merits, this Honorable Court
shall render the following judgment:
1. To dismissed the Plaintiffs Complaint for failure to state a cause of action, the
obligation having been fully satisfied;
2. Ordering the Plaintiff to pay the Defendant Two Hundred Thousand (Php
200,000.00 as Damages. 3. with costs against Plaintiff;
3. That Plaintiff pay the Defendant the amount of Thirty Thousand Pesos (Php
30,000.00) as attorneys fee, and Two Thousand (2,000.00) Pesos per court
appearance; and
4. That Plaintiff be ordered to pay the cost of suit, and expenses of litigation;

Defendant prays for such other reliefs which are equitable and just under the
premises.

Bacolod City, January 30, 2012.

SANTIAGO & SANTIAGO LAW FIRM

Counsel for the Defendant
Suite1, A. Chan Building, Lacson St. Bacolod City
Tel. No. 433-155
By

ATTY. ELSA D. SANTIAGO

Commission No.00126788-5/4/2013-Bacolod City;
Appointment No. 0412872-8/8/2013-Bacolod City
Roll of Attorney No. 420189;
PTR No.0062895-2/8/2013-Bacolod City;
IBP No.011683-5/08/2013-Bacolod City;
MCLE Compliance No. 042075-3-2-2012;

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, ANNIE B. TOCUN, of legal age, after having been duly sworn, depose and
state that:
That I am the Defendant in the foregoing Complaint for Collection of
Money, and I caused the
preparation of the Answer, which I have fully read and understood.
That I hereby affirm that all factual allegations contained in said Answer and
Counterclaim are true and correct of my own personal knowledge and belief, as well
as true and correct on the basis of authentic documents and records in my
possession.
I certify the same, that I have not heretofore commenced any action or filed
any claim involving the same issues in any court, tribunal, or quasi-judicial agency.
That, if I should hereafter learn that any other similar action or claim has
been filed or is pending, I shall report that fact within five (5) days from knowledge
thereof to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of
January 2012 at Bacolod City, Philippines.

ANNIE B. TOCUN
Defendant
SUBSCRIBED AND SWORN to before me this 30th day of January, 2012 at
Bacolod City Philippines and that the affiant exhibiting to me her Passport No. II129824-018003 issued at Iloilo City, Philippines on December 6, 2010 and his SSS
ID No. CYD-208137-784 issued at Bacolod City on June 26, 2002.
Subscribing Officer:

ATTY. ELSA D. SANTIAGO

Legal Counsel /Notary Public for Bacolod, Silay, and Bago

Commission No.00126788-5/4/2013-Bacolod City;
Appointment No. 0412872-8/8/2013-Bacolod City
Roll of Attorney No. 420189;
PTR No.0062895-2/8/2013-Bacolod City;
IBP No.011683-5/08/2013-Bacolod City;
MCLE Compliance No. 042075-3-2-2012;

Doc. No.__________;
Page No._________;
Book No._________;
Series of 2012
Copy Furnished Trough Registered Mail:

DEFENSOR & ASSOCIATES LAW FIRM

Counsel for the Plaintif
Door 3, Therese Arcade, Bacolod City
Tel. No. 433-144/09215937965
Registry Receipt No. 1615
Bacolod City Post Office
Date: January 31, 2012

EXPLANATION
(Pursuant to Section 11, Rule 13, 1997 Rules of Civil Procedure)
A copy of the foregoing Answer was served on Plaintiffs counsel by
registered mail due to time constraints and lack of messenger to effect personal
service.

ATTY. ELSA D. SANTIAGO

Counsel for the Defendant