Republic of the Philippines Ninth Judicial Region REGIONAL TRIAL COURT Branch 22 Pagadian City In the matter of Paternity

Recognition And Support to Minor Diana B. Manuel, Represented by Denise B. Manuel, Petitioner, -versusJohn B. Flores Respondent. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x ANSWER WITH COUNTERCLAIMS COMES NOW, the respondent, through the undersigned counsel, unto this Honorable Court, most respectfully states and avers THAT: 1. Respondent admits the allegations contained in paragraphs 1, 2, 3, 4 and 6 of the petition; 2. Respondent specifically denies the allegations contained in paragraph 5 of the petition that accordingly “That sometime on January 2009, the petitioner was two (2) months pregnant when she left the dwelling house of the respondent”, for the truth of the matter is that, herein defendant went abroad on October 25, 2008 and only came back on February 01, 2009, as evidenced by the plane tickets and airport stamps indicating the departure and arrival of respondent from Manila to Boston, Massachusetts, copies are herein attached and marked as “ANNEX A and ANNEX B, respectively. 3. The said absence of the respondent made it impossible for the petitioner and the latter to have sexual intercourse which led to her pregnancy before January 2009 when she left the house of the respondent; 4. Respondent regrets that he has no knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 7, 8 and 9, therefore, denies the same since the petitioner and respondent had never

9 (c). The Rule on DNA Evidence sec.000. expressly provides that “DNA results that excludes the putative parent from paternity shall be conclusive proof of nonpaternity. litigation and related expenses. Herein respondent present a DNA (Deoxyribonucleic Acid) Test Report which shows the exclusion of the respondent from paternity to the minor Diana B. Manuel. justice demands that petitioner should be held liable to pay the respondent the sum of P100. 6.00. Family Code of the Philippines. exposing respondent to pay an attorney’s fee in the sum of P50. in addition to the sum of P3. . 6. As a consequence of the malicious and wrongful filing of this entire baseless and unjustified action which is clearly motivated on the petitioner’s desire to exact monetary gains from the respondent. “Legitimacy of a child may be impugned only on the following grounds: (1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a) xxx (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible. or (c) xxx 7.met nor communicated again in any manner known to mankind the moment the respondent has gone abroad on October 25. 2008. By these.000. 9. the latter suffers serious anxieties. by way of moral damages. By these. 166 (1)(b). 5. by way of attorney’s fee. and further exposing respondent to other litigation and related expenses.00. As the provided in Art. Petitioner’s malevolent conduct in the filing of the instant mockery has constrained the respondent to engage the services of counsel for the protection of his right and interest.00.000. COMPULSORY COUNTERCLAIMS 8.00 for the lawyer’s each and every appearance in court. sleepless nights.000. justice demands that petitioner should be held liable to pay the respondent the sum of P100. a copy is herein attached as “Annex C” and made an integra l part of the Answer. wounded feelings and besmirched reputation.

CANUMHAY Notary Public MCLE Compliance No. ATTY. litigation and other related expenses. by way of attorney’s fees. it is most respectfully prayed that the Petition be forthwith dismissed based on the grounds cited therein. and to pay the cost of litigation. 2016 PTR No. 2013.: 12 Series of 2013 .00. No. by way of moral damages.: 1234 Commission Expires On: Dec. P100.000. and after hearing respondent’s compulsory claim. premises considered. Pagadian City. b.: 12 Book No. July 19. just and equitable under the premises. P100.: 12345 Doc. and. viz: a.PRAYER WHEREFORE.: 12 Page No. DAVE L. Philippines. Respectfully submitted. The Respondent likewise prayed for other relief and whatever remedies.000.00. judgment shall be forthwith rendered ordering the petitioner to pay defendant the following sum.

and “Annex C” respectively and for whatever purpose/s this may serve best. That I am the Respondent in the above-entitled case. No. FLORES Affiant SUBSCRIBED AND SWORN TO before me this 19th day of July 2013.----------/ 1. CANUMHAY Notary Public MCLE Compliance No.: 12 Page No. 2. Philippines.: 1234 Commission Expires On: Dec. Philippines. affixed my signature this 19th day of July 2013 at Pagadian City. ATTY. JOHN B. I hereunto. IN WITNESS WHEREOF.: 12 Book No. That I am executing this verified statement for the very purpose of denying under pains of perjury the authenticity and due execution of the documents attached and marked as “Annex A”. x------------. That I have caused the preparation of this Answer with Compulsory Counterclaims. 2016 PTR No. “Annex B”.: 12 Series of 2013 . DAVE L. 3.: 12345 Doc. at Pagadian City.S.VERIFICATION REPUBLIC OF THE PHILIPPINES) City of Pagadian )S.

of legal age.CERTIFICATION OF NON-FORUM SHOPPING REPUBLIC OF THE PHILIPPINES) City of Pagadian )S.S. the Court of Appeals. CANUMHAY Notary Public MCLE Compliance No.: 12 Page No. I have hereunto set my hand this 19th day of July 2013 at Pagadian City. Philippines. 34-1286637-6.: 12 Book No. 2016 PTR No. Flores. hereby depose and certify that: I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court. who exhibited to me his Social Security System ID with No. and a resident of Banale. DAVE L. this 19th day of July 2013. JOHN B. Philippines. Zamboanga del Sur. IN WITNESS WHEREOF. tribunal.: 12345 Doc. I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. No. Pagadian City. if I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court.: 1234 Commission Expires On: Dec. or quasi-judicial agency and. x------------. FLORES Affiant SUBCRIBED AND SWORN TO before me. no such action or proceeding is pending therein. Filipino. FLORES. ATTY. JOHN B. or any other tribunal or quasijudicial agency. single. by John B.: 12 Series of 2013 . after being sworn in accordance with law.----------/ I. to the best of my knowledge.

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