Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 216, Quezon City
SPS. JOHN AND JANE DOE
Represented by their
attorney-in-fact,
Atty.Hukom Hustisya
Plaintiffs,
1234

CIVIL CASE NO. Q-CV

- versus -

For: Sum of Money

JUAN DE LA CRUZ
Defendant.
x------------------------------------x
ANSWER
(With COMPULSORY COUNTER CLAIM)
THE DEFENDANT, through special appearance of
the undersigned counsel, respectfully avers that:
ADMISSIONS AND DENIALS
Defendant has no knowledge or information sufficient to
form a reasonable belief as to the truth of Paragraphs 1,
8, and 9;
Paragraph 2 is admitted;
Paragraph 3 is specifically denied, under oath, as to the
existence of a valid contract of mutuum amounting to
$300,000.00 with 10% interest per annum payable upon
demand as evidenced by the unsigned Promissory Note,
and as to the genuineness and due execution of the
promissory note; defendant did not obtain a loan from
plaintiffs nor did defendant execute the promissory note
in favor of plaintiffs as alleged in the Complaint;
Paragraphs 4, 5, 6, and 7 are specifically denied as to the
factual existence of receipt of the alleged demands by and
for plaintiffs, as to defendants refusal to satisfy his

obligation, and as to the validity of the Registry Return

Receipt; defendant did not receive any form of demand by
or for plaintiff, secondary thereto, it is counterintuitive
for defendant to refuse demands he did not receive,
finally the Registry Return Receipt, fails to prove the date
of receipt and that the person of the defendant actually
received the demand of plaintiffs;
Registry return cards must be authenticated to
serve as proof of receipt of letters sent through
registered mail; consequently it cannot be afforded
probative value;
SPECIAL AND AFFIRMATIVE DEFENSES
Defendant submits to this Honorable Court that the
Complaint warrants dismissal by reason of:
5.1

Failure to properly lay the venue for personal

actions Atty. Hukom Hustisya is not a real
party in interest in the above captioned case,
plaintiffs may not use therefore, their right to
elect the venue of the action by filing in the
court of the place where their representative
resides, this goes against the ratio of rule on
venue; in contemplation of the applicable
provisions of the Rules on Civil Procedure the
Complaint for personal actions may be filed
either on the court where any of the plaintiffs
reside or where defendant resides at the
election of plaintiff; since the plaintiffs reside
in a foreign jurisdiction as averred in the
Complaint, the action should have been filed in
the court of the place where respondent
resides, the proper venue is in Bacolod City
and not in Quezon City;

5.2

Bar by prescription of actions settled is the

matter, that an action upon a written promise
to pay a recoverable debt must be brought
within ten (10) years from the time the right of
action accrues; even upon hypothetical
admission of the averments contained in the
Complaint, the plaintiffs failed to effect
proper
demand within the prescribed period;

5.3

Fatal defect of Complaint it is elementary in

law that an unsigned pleading produces no
legal effect, plaintiff merely submitted a scrap
of paper when it filed its Complaint sans
subscription of either of the plaintiffs nor of

counsel for the plaintiffs;

5.4

Fatal defect of verification and certification

the verification and certification of non-forum
shopping in the Complaint is not signed by the
plaintiffs, this is a defect fatal to its propriety,
thus the Complaint produces no legal effect;
and
COUNTERCLAIM

Defendant additionally submits that defendant is entitled

to reliefs arising from unwarranted and malicious act
initiated by plaintiffs, as follows:
6.1

Moral Damages amounting to One Million

Pesos (PHP 1,000,000.00) because defendant
suffered
social
humiliation,
besmirched
reputation, serious anxiety, mental distress,
fright, and wounded feelings consequential to
the malicious and baseless suit filed by
plaintiffs;
Defendant suffered from: casual slides and
socially
humiliating
commentaries
and
questions
from
relatives,
friends,
and
acquiantances;
longer
processing
time,
removal of preferrential rate, and more
oneruous conditions on credit transactions
with financial institutions; involuntary tremors
and fluctuating blood pressure; psychological
breakdown
and
moments
of
self-pity;
pecuniary
loss
in
cancelled
business
arrangements; and interrupted or sleepless
nights for three (3) months among others defendant lost his rather peaceful, serene, and
comfortable quality of life, everything causal
and secondary to the ill-will, malice, and
caprice of the plaintiffs in instituting a
groundless suit;

6.2

Attorneys Fees amounting to Fifty Thousand

Pesos (PHP 50,000.00) because he was
compelled to secure services of counsel to
vindicate his legal rights by virtue of this
unwarranted and malicious act initiated by the
plaintiff; and

6.3

Temperate damages as the court may deem

equituous.
PRAYER

WHEREFORE, it is respectfully prayed that

judgment be rendered in favor of the defendant by having
the COMPLAINT DISMISSED WITH PREJUDICE,
GRANT
THE
COUNTERCLAIM
AND
AWARD
DEFENDANT: (a) One Million Pesos (PHP 1,000,000.00)
as MORAL DAMAGES, (b) Fifty Thousand Pesos (PHP
50,000.00) as ATTORNEY'S FEES, and (c) equitous
TEMPERATE DAMAGES .
Other equitable reliefs are likewise prayed for.
Makati City for Quezon City, 15 June 2007.
ESPOLONG, FELIX, LIM, SUAREZ,
AND ASSOCIATES
Counsel for Defendant
Penthouse, EFL Enterprise Tower,
5724, Ayala Ave., Makati City
Tel: (+632) 123 4567; Fax: (+632) 765
4321
civil.litigation@efllaw.com
JEANNE ESPOLONG
Senior Partner
IBP Lifetime No. 03465
Roll No. 89012
MCLE Compliance No. V-008902
Issued: 13 May 2007
DEMETRI ALBERT FELIX
Senior Partner
IBP Lifetime No. 03765
Roll No. 89013
MCLE Compliance No. V-008903
Issued: 13 May 2007
LEOMARD SILVER JOSEPH C. LIM
Senior Partner
IBP Lifetime No. 03105
Roll No. 89014
MCLE Compliance No. V-008904
Issued: 13 May 2007
JESSIE SUAREZ
Senior Partner
IBP Lifetime No. 03106
Roll No. 89015
MCLE Compliance No. V-008905

Issued: 13 May 2007

VERIFICATION &
CERTIFICATION AGAINST FORUM SHOPPING
I, JUAN DE LA CRUZ, of legal age, do hereby state
that: I am the defendant in the case filed by spouses
John Doe and Jane Doe for sum of money; in response, I
have caused the preparation of this Answer with
Counterclaim; I have read its contents and affirm that
they are true and correct to the best of my own personal
knowledge; I specifically deny the genuineness and due
execution as well as the binding effect of the actionable
documents pleaded by plaintiff; I hereby certify that
there is no other case commenced or pending before any
court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the
court within five (5) days from notice.
IN WITNESS WHEREOF,
instrument on 15 June 2007.

have

signed

this

JUAN DE LA CRUZ
SUBSCRIBED AND SWORN TO before me in the
City of _______________ on this day of _________________,
affiant exhibiting before me his community tax certificate
no. _______________ issued on __________________ at
_____________________.
NOT A. REE
Notary Public
Until
__________________
PTR No.
_______________
Issued at
______________
On
___________________
_
Doc. No.
Page No.
Book No.
Series of 2007.

REPUBLIC OF THE PHILIPPINES

AFFIDAVIT OF SERVICE

I, ____SANGIFF BALROG____, ___messenger of____ ESPOLONG, FELIX,

LIM, SUAREZ, AND ASSOCIATES, with office address at Penthouse, EFL
Enterprise Tower, 5724, Ayala Ave., Makati City, after being sworn to depose and
say:
That on ____17 June 2007___, I caused to be served a copy of the following
pleading/paper:

NATURE OF THE PLEADING

_____Answer (With Compulsory Counter Claim)_____
In case No. ____Q-CV 1234______, titled __SPOUSES JOHN DOE AND JANE
DOE, Represented in this act by their Attorney-in-fact Atty. Hukom
Hustisya

vs.

JUAN DELA CRUZ_____________________, pursuant to

Sections 3, 4, 5 and 10, Rule 13 of the Rules of Court, as follows:

(x) By depositing a copy to the party or his/her attorney
on __06/17/2007__ as shown on p ___1____.
( ) By leaving a copy in his/her clerk or with a person
having charge thereof on _________ as shown on p
________.
( ) By delivering a copy to the Court/Tribunal Office on
__________ as shown on p _______.
( ) By depositing copy on ___________ in the Post
Office at _________ as evidenced by Registry Receipt(s) No.(s)
__________ hereto attached and indicated after the name (s) of the
addresse(s), and with instruction to the postmaster to return the mail
to the sender after (10) days if undelivered.
By Personal Service To:
ATTY. HUKOM HUSTISYA
Counsel for Plaintiffs

Rm. 810, Filmar Bldg.,

230 Quezon Ave., Quezon City,
Philippines
By Registered Mail To:

_______________SANGIFF
BALROG_______________
___________________AFFIANT___________
________
SUBSCRIBED AND SWORN TO before me in the City of _______________ on this
day of _________________, affiant exhibiting before me his community tax certificate
no. _______________ issued on __________________ at _____________________.
NOT
A.
REE
Notary Public
Doc. No.
Page No.
Book No.
Series of 2007.

Until __________________
PTR No. ________________
Issued at _______________
On ____________________