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Republic of the Philippines

Regional Trial Court


7th Judicial Branch
Branch No.____
Cebu City

MILO,
Plaintiff
Civil Case No. _____
-versus- For: Sum of Money

JIFEL,
Defendant
x-----------------------------------------------x

ANSWER
COMES NOW the Defendant, through the undersigned counsel, and unto this
Honorable Court, respectfully manifest;

1. Defendant admits the content of paragraphs 1, 2, 3, 4 and 5.

2. Defendant specifically denies the contents of paragraphs 4 and the attachment


thereof for reasons stated in the Affirmative Defenses below.

3. Paragraphs 7 and 8 are likewise for lack of knowledge sufficient to form a


reasonable belief as to its truth or falseness.

Affirmative Defenses
4. Defendant reiterates by reference all the foregoing insofar as they are material
and additionally submit that the Complaint should be dismissed because:

4.1. No written demand was made as the Defendant did not receive any
demand letter from the Petitioner, where in fact due to shared company
and years of friendship, Plaintiff and Defendant saw each other in
various occasions.
4.2. Plaintiff has no cause of action, the action to collect the sum of
money by virtue of the loan has prescribed already, said obligation
matured on February 14, 2001 by which prescription period of 10 years
run.

WHEREFORE, the above premises considered, Defendant respectfully


prays of this Honorable Court that the Complaint be DISMISSED on the ground of
prescription.

Other relief just and equitable in the premises are likewise prayed for.

Cebu City, Philippines, this 23rd day of February, 2017.

ATTY. MAUREEN N. CAÑETE


Counsel for Petitioner
MC Law Firm, UC Banilad, Cebu City
Roll of Attorneys No. 0518995
IBP No. 0518995 Lifetime/Cebu City
MCLE No. 1234567
PTR No. 98765432

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