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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch 15, Makati City
MARYGRACE SUPERIO,
Plaintiff,
Civil Case No. 80808
For: Damages

-versusFRANCISCO TORRES,
Defendant.
x----------------------------------------------x
ANSWER
DEFENDANT, by counsel, respectfully states that:
Admissions/ Denials

1. He admits the contents of paragraph 1, 2, 3 and 4 in so far as his personal circumstance


and the facts established thereat.
2. He admits paragraph 5 in so far as there was an instruction from his daughter to wait at
the outdoor dining table but denies the fact that his daughter left plaintiffs daughter alone to
prepare snacks because it was the defendant who was the one preparing snacks for the children.
3. Paragraph 6 is admitted in so far as there exists a reptile house in the backyard but denies
the fact that the Plaintiffs daughter was not aware of the existence of the said house because
since they lived in the same village, one street apart, the Plaintiffs daughter is often at his house
to play. She was aware of the rule that they are not allowed to go to the reptile house without the
supervision of an adult.
4. Paragraph 7 is denied. Plaintiffs daughter was inside the reptile house when she was
rescued by him and thereafter brought to the hospital.
5. Paragraph 9 is denied in so far as it claims that the he was upstairs but rather was at the
kitchen preparing snacks, within earshot of the minor children when the events transpired.
6. Paragraph 10 and 11 are admitted
7. Paragraph 12 is denied. The mentioned amount was paid for as evidenced by a receipt
issued by the hospital.

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Affirmative Defense
8. Defendant reiterates, repleads and incorporates all the forgoing in so far as they are
material and additionally submit that the Complaint should be dismissed because:
8.1. The Plaintiff has no personal knowledge of the circumstances at hand.
8.2. The Obligation had been paid for.
8.3. The suit was brought to harass the Defendant because he was able to beat the
Plaintiff at a Mahjong game thereby obtaining Two Hundred Thousand Pesos (Php
200,000.00) From Her.
Counter Claim
9. Defendant reiterates, repleads and incorporates all the forgoing in so far as they are
material and additionally submit that he is entitled to relief arising out of the filing of this
malicious and baseless suit, as follows:
9.1. Moral Damages amounting to One Hundred Thousand Pesos (Php 100,000.00)
because his name and reputation were besmirched by this malicious and baseless suit.
9.2. Attorneys Fees amounting to Fifty Thousand Pesos (Php 50,000.00) because he was
compelled to secure the services of a counsel to defend his legal rights.
WHEREFORE, Defendant respectfully prays for that judgment be rendered in his favor
by dismissing the Complaint and granting Defendants counterclaim by awarding: (a) One
Hundred Thousand Pesos as Moral Damages, and (b) Fifty Thousand Pesos as Attorneys Fees.
Other just and equitable reliefs are also prayed for.
City of Makati; 5 December 2014.

CATHERINE C. GACUTAN
Counsel for Defendant
Roll of Attorney No. 10118
IBP No. 67890/02-23-12/Makati
PTR 123456/12-08-11/Makati
24th flr., Sky Tower, Rockwell Drive, Rockwell Center, Makati City
Metro Manila

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VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING


I, Francisco Torres, Filipino, of legal age, married and resident of 24 Kalachuchi Street,
Dasmarias Village, Makati City do hereby state that:
1. I am the Defendant in the case filed by Marygrace Superio for Actual Damages;
2. That in response, I have caused the preparation of this Answer with Counterclaim, I have
read the contents and affirm that they are true and correct to the best of my own personal
knowledge.
3. That I further certify that there is no pending action or proceeding involving the same
issues in the Supreme Court, Court of Appeals, or any other tribunal or agency. If I
should thereafter learn that the same or similar action is pending, I shall undertake to
inform the Honorable Court of this fact within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th day of December 2014 in
the City of Makati.
______________________________
Francisco Torres
SUBSCRIBED AND SWORN TO before me this 5th day of December, 2024 in the City of
Makati with Drivers License No. 12345678, valid until December 21, 2015 and I hereby certify
that I personally examined the affiant herein and that I am fully satisfied that she voluntarily
executed the foregoing petition and she understood all the allegations herein.
ATTY. No Go
Notary Public
Until 16 March 2015
Roll of Attorney No. 12345
IBP No. 12234/11-05-09/Makati
PTR No. 56789/12-22-09/Makati

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Republic of the Philippines)


Makati City
)
AFFIDAVIT OF SERVICE
I, Roger Cruz, under oath, depose and state:
1. I am the special messenger of the law office of GACUTAN & ASSOCIATES LAW
OFFICES, with the office address at 24th flr., Sky Tower, Rockwell Drive, Rockwell
Center, Makati City Metro Manila.
2. I served a copy of the Answer for the Complaint filed before the Regional Trial Court of
Makati City, Branch 15 on Mrs. Marygrace Superio at her home address, 18 Sineguelas
Street, Dasmarias Village, Makati City on December 5, 2014 via Personal Service by
delivering personally a copy of the Answer with Mrs. Marygrace Superio and Mrs.
Superio personally received the said document.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of December 2014 in Makati
City, Metro Manila.
________________________
Roger Cruz
SUBSCRIBED AND SWORN to before me this 7th day of September 1999 in Makati City,
Metro Manila, affiant exhibiting to me his Community Tax Certificate No. 19982609 issued on
22 January 1999 at Makati City, Metro Manila.
ATTY. No Go
Notary Public
Until 16 March 2015
Roll of Attorney No. 12345
IBP No. 12234/11-05-09/Makati
PTR No. 56789/12-22-09/Makati

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