Legal Forms

Atty. Celeste Marie R. Cruz

Set 6B
1. ANSWER WITH SPECIAL AND AFFIRMATIVE
DEFENSES AND COUNTERCLAIM

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Makati City, Branch 1

VICTORIO VICTORIA
Plaintiff,

- versus - *Civil Case No.____________

(Designation of the Pleading)
BERNARDO BERNARDINO
Defendant.
X---------------------------------------------------------------------------------------------------------------------------X

ANSWER

NOW COMES the defendant in the above-entitled case and to this Honorable Court most respectfully alleges:

1. Defendant admits the averment in paragraph 1, 2 and 3 of the complaint.

2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being that (State here the fact
being claimed by the defendant as the true state of facts or the truth being those stated in the special and affirmative
defenses herein set forth).

3. Defendant also specifically denies under oath the genuineness and due execution of the instrument a copy of which
is attached to Plaintiff’s complaint as Annex “A”, the truth being that his signature thereon is forged and that he did
not in fact sign the said instrument.

4. Defendant has no knowledge or information to form a belief as to the truth of the averment in paragraphs 5, 6, 7 and
8 of the complaint.

By way of special and affirmative defenses, defendant avers:

5. That the obligation has been paid.

6. That the defendant had purchased said land from plaintiff and paid said promissory notes.

7. That the cause of action has prescribed.

By way of counterclaim, defendant alleges:

8. That by virtue of this unwarranted and malicious act initiated by the plaintiff, defendant was forced to engage counsel
in the sum of P10,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of
P5,000.00.

Other equitable reliefs are likewise prayed for.

___________________, 20__, Makati City.

__________________________
(Attorney for Plaintiff)
__________________________
(Address)
Roll of Attorneys No. _____
PTR No. ______; [date issued][place issued]
IBP No. ______; [date issued][Chapter]
Serial No. Of Commission ______________

Copy furnished to:

Metropolitan Trial Court

Makati City, Branch 1
[Address]

Atty. Juana Dela Cruz

Counsel for Defendant
[Address]

Mr. Bernardo Bernardino

Defendant
[Address]

VERIFICATION
EXPLANATION
Legal Forms
Atty. Celeste Marie R. Cruz
Set 6B
2. PROOF OF SERVICE
*For pleadings in CA and SC

REPUBLIC OF THE PHILIPPINES)

MAKATI CITY ) S.S.

AFFIDAVIT OF SERVICE

I, _________________________, as messenger of (FIRM), with office address at

___________________________________, after being duly sworn, depose and say:

That on ________________, I served copies of the following pleading/paper:

NATURE OF PLEADING/PAPER

______________________

in G.R. NO. ___________ entitled " _____________ v. _________________ ”, pursuant to Sections 5,6,7,11 and 13, Rule 13 of
the 1997 Rules of Civil Procedures, as follows:

By registered mail to:

COURT OF APPEALS (Former Eleventh Division)

[CA-G.R. SP No. ___________]
Manila

PRESIDING JUDGE
Quezon City Regional Trial Court, Branch 85
Hall of Justice
Quezon City Hall Complex
Quezon City

ATTY. PLARIDEL J. BOHOL II

Bohol Law Office
Suite 305 MJB Building
220 Tomas Morato Street
Quezon City

ABELLO CONCEPCION REGALA & CRUZ

5th Floor, ACCRA Building
122 Gamboa Street
Legaspi Village, Makati City

ALAMPAY GATCHALIAN MAWIS & ALAMPAY

5th Floor, Dominion Building
833 Arnaiz Avenue
Makati City

by depositing copies on ________________ at ________ Post office, as evidenced by Registry Receipt Nos.
hereto attached and indicated after the name of the addressee, and with instructions to the postmaster to return the mail to the
sender after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 2nd day of December 2008 at Makati City.

_______________________

REPUBLIC OF THE PHILIPPINES)

CITY OF MAKATI ) S.S.

BEFORE ME, a notary public in and for the city named above, personally appeared, ________________, with Drivers
License No_______________ issued at ______________ on _______________, who is personally known to me to be the same
person who presented the Affidavit of Service and signed the instrument in my presence, and who took an oath before me as to
such instrument.

Witness my hand and seal this ______ day of __________20__.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2010.

3. REGISTRY RETURN CARD