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Republic of the Philippines

REGIONAL TRIAL COURT


Ninth Judicial Region
Branch 1, Dipolog City

FEVIE GANDANGHARI CIVIL CASE NO. 001


Plaintiff.

- versus -
FOR DAMAGES
AGUSTIN GAHIG-ULO
Defendant

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

ANSWER

DEFENDANT, by counsel, and to this Honorable Court, most


respectfully avers that:

1. He admits the contents of paragraph 1 and 2;


2. He is without knowledge or information to form a belief as
to the truth of the averments made in paragraphs 3 to 7
and 9 thereof;
3. He admits the contents of paragraph 8;
4. He specifically denies each and every material allegation
made in paragraphs 10 to 18 of the complaint and alleges
that:

4.1 PLAINTIFF did not suffer damage attributable to any


act or omission of the DEFENDANT and that the
damage suffered was caused by force majeure;
4.2 ALDEN GANDANGHARI was himself negligent when
he went out during a stormy night, knowing fully
well, the degree of damage possible during a super
typhoon, let alone the possibility of strong wind and
such conduct was not reasonable and prudent under
such circumstances and that negligence contributed
as the proximate and sole cause of his death and
recovery of damages is therefore barred to the
degree of that negligence;
4.3 PLAINTIFFs claim for Attorneys fees lacks legal
basis;
4.4 PLAINTIFFs claim for Actual Damages lacks sufficient
support and basis;
4.5 There was no willful intent to cause damage nor the
presence of bad faith on the part of the defendant,
hence Moral Damages is not warranted; and
4.6 PLAINTIFFs claim for loss of earning capacity is
erroneous and excessive.
Counterclaim

5. Defendant submits that he is entitled to relief arising from


the filing of the malicious and baseless suit, as follows:

5.1 Moral damages because of the mental anguish and


sleepless nights due to this malicious and baseless
suit.
5.2 Attorneys Fees amounting to Fifty Thousand Pesos (P
50,000.00) because he was compelled to secure the
services of counsel to vindicate his legal rights.
5.3 Appearance fee of One Thousand Five Hundred Pesos
(1, 500.00) per hearing.

WHEREFORE, Defendant respectfully prays that judgment


be rendered in his favour by dismissing the Complaint and
granting defendants counterclaim by awarding defendant:
(a) One Hundred Thousand Pesos (P 100,000.00) as moral
damages, (b) Fifty Thousand Pesos (P 50,000.00) as
Attorneys Fees, and (c) One Thousand Five Hundred Pesos
(1, 500.00) per hearing as Appearance Fee.

Other just and equitable reliefs are prayed for.

Sta. Isabel, Dipolog City, Zamboanga del Norte, January


26, 2017.

LOUISE VIVIEN M. RAMOS


Counsel for the Defendant
Roll No. 23567-2013
IBP No. 808887-1/3/14
PTR No. 4562844- 10/3/11;
ZDN
MCLE Compliance III No.
0013601
Issued on September 22,
2013

V E R I F I CA T I O N

I, AGUSTIN GAHIG-ULO, of legal age, Filipino, married, and


residing at 124-A Quezon Avenue, Barangay Miputak, Dipolog
City, Zamboanga del Norte, under oath depose and say:

I am the defendant in this Answer; I have caused the


preparation and filing of this Answer having supplied all the
material averments therein; I have read and understood all the
contents of this Answer, and found them to be true and correct to
the best of my own personal knowledge and belief;

IN WITNESS WHEREOF, I hereunto set my hand this 26th


day of January, 2017 at Dipolog City, Philippines.

AGUSTIN GAHIG-ULO
Defendant

SUBSCRIBED AND SWORN to before me this 26thday of


January 2017 at Dipolog City, Philippines by Agustin Gahig-Ulo
who exhibited to me his Drivers License No. 1234 issued at
Dipolog City, Philippines on December 1, 2014.

JESS L. MENDIOLA
Notary Public
Roll No. 23997-2011
IBP No. 823487-1/3/11
PTR No. 115444- 10/3/12;
ZDN
MCLE Compliance III No.
003455
Issued on August 22, 2013