REPUBLIC OF THE PHILIPPINES

Regional Trial Court

11th Judicial Region
Davao City
Branch ___

Anecita Be
-

Civil Case No. ________

Plaintiff,

FOR: Sum of Money, Attorneys

Fees, and Damages

-versus-

Teresita Lu

Defendant,

x------------------------------------------------------x

AN SWER
WITH COUNTERCLAIMS
COMES NOW Defendant Teresita Lu, by counsel and unto this Honorable Court, most
respectfully states and avers that:
1. Defendant admits the allegations contained in paragraphs 1, 2, 3, 4 and 5 of the
Complaint;
2. Defendant denies the allegations contained in paragraph 9 and 10 of the Complaint.

Defendants action when the loan became due and demandable was to ask for a
consideration to give her a few more days to pay the equivalent of the borrowed money
of One Million Pesos (Php 1,000,000.00) in which the Petitioner agreed by virtue of a
written agreement marked as ANNEX 1.
3. Insofar as Paragraph 11 of the Complaint is concerned.
Defendant actually received the demand letter but there was no refusal to pay the said
amount and upon the said verbal agreement, after a few days, Petitioners decided not to
continue with the said agreement.
4. Paragraph 12 is deemed admitted by the Defendant that both parties referred the case for
Barangay Conciliation but no settlement was reached between the parties as the Petitioner
denies that there was a written agreement that took place between the parties.
AS COMPULSORY COUNTERCLAIMS
5. Defendant hereby restates and repleads all the allegations in the preceding paragraphs by
way of reference and incorporation;
6. As a consequence of the malicious and wrongful filing of this entirely baseless and
unjustified action, which is attended by extreme bad faith, lies and deception, denial of
payments made, and the unjustified seizure of the subject motor vehicle from the
Defendant, the latter and her family had suffered sleepless nights, mental anguish, serious
anxiety, severe stress, wounded feelings, besmirched reputation and social humiliation for
which Plaintiff should be made liable for moral damages in the total amount of One
Hundred Thousand Pesos (P 100,000.00);
8. In instituting this unwarranted and clearly unfounded suit against the Defendant, Plaintiff
had acted in a wanton, fraudulent, reckless and malevolent manner and, by way of

example or correction for the public good, Plaintiff should be made liable to pay
Defendant exemplary damages in the total amount of Fifty Thousand Pesos (P
50,000.00);
9. As a further consequence of the malicious and wrongful filing of the present action,
Defendant was constrained to hire the services of counsel for a legal fee of Three
Hundred Thousand Pesos (P300,000.00), plus Two Thousand Pesos (P2,000.00) per court
appearance, and to incur expenses of litigation for which plaintiff should be made to pay.

P R AY E R
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that after
hearing on the merits, this Honorable Court issue an Order :

a) Dismissing the Complaint in toto for utter lack of merit and ordering
Plaintiff ANECITA BE to pay defendant as follows:

1) That the written agreement marked as ANNEX 1 should be the governing

agreement between the parties for the reason that Plaintiff was in bad faith for
denying such agreement.
2) Plaintiff is liable for moral damages in the total amount of One Hundred Thousand
Pesos (P 100,000.00);
3) Defendant is liable to pay exemplary damages in the total amount of Fifty Thousand
Pesos (P 50,000.00);
4) To pay Attorneys fees of Three Hundred Thousand Pesos (P 300,000.00) plus Two
Thousand Pesos (P2,000.00) as court appearance fee per hearing.

Other reliefs just and equitable under the premises are likewise prayed for.
Davao City, Philippines, August 13, 2014.
BY:

ATTY. RABMOR T. BARTOLOME

PTR No.957893-01/02/14-D.C.
IBP No. 984739-01/03/14-D.C.
Roll No. 768768
MCLE Compliance No. IV-004321
Tel Nos. (082) 222-2222
Email Address: attyrabmor@yahoo.com

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO
)ss
x-------------------------------------------------x

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Teresita Lu, of legal age, Filipino, and a resident of Davao City,

Philippines, after having been duly sworn to in accordance with law hereby depose
and state that:

1) I am the Plaintiff in the Civil Case No. 17-8941 for Collection of Sum of
Money entitled Anacita Be versus Teresita Lu;
2) I have caused the preparation and filing of the Answer to the aboveentitled case;
3) I have read and understood the contents thereof; and that all the
allegations therein are true and correct of my personal knowledge and
based on authentic records I have reviewed;
4) I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;
5) To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;
6) If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5)
days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of

August 2014 at Davao City, Philippines.

TERESITA LU
Affiant

SUBSCRIBED AND SWORN to before me this 13th day of August 2014 at Davao
City, Philippines; affiant exhibiting to me her proofs of identity her Social Security
Identification no. 123456789 and her Community Tax Certificate No. 987654321
issued on DATE, 2014 at Davao City.

COPY FURNISHED:
Atty. Izumaki Naruto, CPA