REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

Branch 8
Justice Ramon Q. Avanceña Hall of Justice
Bonifacio Drive, Iloilo City, Philippines

JULY ORDANETA,
Plaintiff,

-versus- Civil Case No. 201002

For: COLLECTION OF
SUM OF MONEY WITH
DAMAGES
SEPTEMBER RADA,
Defendant
X--------------------------------------X

ANSWER WITH AFFIRMATIVE DEFENSES

NOW COMES the Defendant, through the undersigned

counsel and unto this Honorable Court respectfully avers:

I. ANSWER
1. Paragraphs 1, 2, 3, and 4 of the Complaint are
admitted.
2. Paragraphs 5 and 6 are denied as Defendant has
complied with her obligation to Plaintiff.
3. Paragraph 7 is admitted but only in so far as the
excistence of the written demand is concerned.
4. Paragraphs 8, 9, and 10 are denied in as much as
the Defendant has completely fulfilled her obligation
to Plaintiff.

II. AFFIRMATIVE DEFENSES

1. On May 18, 2017, the Defendant has fully paid her
remaining obligation to the Plaintiff in the amount of
P30,000.00.
2. Such amount was tendered to June Ordaneta, the
father of the Plaintiff, in their residence at Barangay
 Sta. Rosa, Arevalo, Iloilo City at around three o’clock
in the afternoon, as evidenced by the receipt issued
by the same, attached herein, marked as Annex “A”,
and made an integral part hereto.
3. The Defendant and June Ordaneta signed the said
receipt in the presence of September Ordaneta,
mother of Plaintiff, and February Aguirre and May
Gamboa, friends of both the Defendant and Plaintiff.
4. Payment was made to June Ordaneta for the reason
that the Plaintiff was not at home on such date due
to a company retreat in Nasugbu, Batangas, as
evidenced by the announcement circulated by SWI
TIK Trading Inc., the employer of the Plaintiff, attached
herein, marked as Annex “B”, and made an integral
part hereto.
5. The Defendant later on called the Plaintiff at around
six o’clock on the same date informing her that the
full payment of her (Defendant) obligation has been
made to June Ordaneta to which the Plaintiff has
verbally acknowledged.
6. The Plaintiff further acknowledged such payment
through a text message sent to the Defendant at
seven o’clock on the same date, as evidenced by a
print out of the text message, attached herein,
marked as Annex “C”, and made an integral part
hereto.
7. The Defendant, upon receipt of the written demand
from the Plaintiff on August 17, 2017, sent a written
reply questioning the same, to which the Plaintiff
refuses to acknowledge.
8. The Defendant has also employed numerous
attempts to reach out to the Plaintiff to discuss the
matter, but to no avail.

III. COMPULSORY COUNTERCLAIM

1. By reason of the abuse of right committed by the
Plaintiff and the unfounded suit filed against the
Defendant, the latter was constrained to hire the
services of a lawyer to defend her rights and interest
 for a professional fee of P50,000.00 and P3,500.00 per
court appearance.
2. Similarly, the Plaintiff’s unfounded suit has caused the
Defendant mental anguish, wounded feelings,
sleepless nights, serious anxieties, and other similar
sufferings for which the defendant claims moral
damages of One Hundred Thousand Pesos
(P100,000.00).

IV. PRAYER
WHEREFORE, premises considered, it is respectfully
prayed:
1. The instant case be dismissed with costs against the
Plaintiff;
2. And that the Defendant’s compulsory
counterclaim be granted, i.e., moral damages of
One Hundred Thousand Pesos (P100,000.00),
attorney’s fees of Fifty-Thousand Pesos
(P50,000.00), and Three Thousand Five Hundred
Pesos (3,500.00) per court appearance and costs
of suit.
3. Other relief and remedies as may be deemed just
and equitable under the premises are likewise
prayed for.

Iloilo City, Philippines, this 3rd day of December 2018.

VALERIE KAYE D. BINAYAS

Counsel for the Defendant

RNDM Law Firm
CPN Business Center,
Gen. Luna St. Iloilo City
Email Address: RNDMlaw_vb@gmail.com
Tel. Nos. (033) 323 – 7236/(033) 503 - 2378
P.T.R. No. 4232378/ February 23, 2017/ Iloilo City
Lifetime IBP ID No. 643463/ May 2, 2015/ Iloilo City
Attorney’s Roll No. 52368
MCLE COMPLIANCE NO.: VI - 0043124/ June 12, 2017
 VERIFICATION AND CERTIFICATION

I, SEPTEMBER RADA, of legal age, Filipino, single, a resident

of San Agustin, Gen. Luna St. Iloilo City, under oath, depose and
say that:

I am the defendant in the foregoing case; that I caused

the preparation of the foregoing Answer; that I have read its
contents; and that the same are true and correct of my own
direct, personal knowledge.

I hereby certify that I have not filed any complaint, petition

or any other action involving the same issues, parties and subject
matter before the Supreme Court, Court of Appeals or any other
tribunal or agency; that to the best of my knowledge, no such
action or proceeding has been filed or is pending before the
said Court or agency; that if II should hereafter learn that a similar
action has been filed or is pending before the said Court or
agency, I undertake to inform the said Court or agency of such
fact within five (5) days from notice.

IN WITNESS WHEREOF, I have signed this document on

November 18, 2017 in Iloilo City, Philippines.

SEPTEMBER RADA
Defendant
T.I.N. 372-586-475
 JURAT

SUBSCRIBED AND SWORN to before me on December 3,

2018 in Iloilo City, Philippines the affiant showing her T.I.N.
Identification Card as stated above as competent proof of her
identity.

ATTY. PAUL JOSEPH N. UNTARAN

Doc. No. 180; NOTARY PUBLIC

Page No. 04; Notary Registration No. 63241

Book No. 28; Until December 31, 2017
Series of 2017 City and Province of Iloilo
Attorney’s Roll No. 72890

P.T.R. No. 8536419/ February 14,

2017/ Iloilo City

Lifetime IBP ID No. 657812/ July 26, 2015/ Iloilo City

2nd floor, Rosario Building,

Aurora Street, Iloilo City, 5000

MCLE COMPLIANCE NO.: VI - 0043124/ August 13,

2017

*********************
Copy furnished to:

REA MAE G. SADABA

Counsel for the Plaintiff

Rm. 2 PAO Building corner Enterprise Road,
IB Park, Lapaz, Iloilo City
Date of Personal Receipt:
ANNEX A