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Republic of the Philippines

MUNICIPAL TRIAL COURT OF BULAKAN


Third Judicial Region
Province of Bulacan
RHEALYN C. CONCEPCION,
Plaintiff,
- versus -

CIVIL CASE NO. 123-M-2015


FOR: SUM OF MONEY

MARY GRACE L. ADRIANO,


Defendant.
x-------------------------------------------x
ANSWER
COMES NOW defendant, through counsel, and to this Honorable
Court, most respectfully states:
1. The defendant admits the allegation contained in paragraphs 1, 2, 3
and 4 of the complaint;
2. The defendant denies the allegation contained in paragraph 5 for what
the plaintiff forgot to declare with the Honorable Court is the
existence of the fact of compensation between Mary Grace L.
Adriano, the defendant, and the plaintiff, and for such other reasons
mentioned and further elaborated in the Affirmative Defenses;
3. The defendant admits the allegations in paragraph 6 of the complaint
that he received a verbal and written demand from the plaintiff, but
denies the rest of the allegations contained in the paragraph that he
failed and refused, and still continues to fail and refuse payment of the
obligation;
AFFIRMATIVE DEFENSES

4. Defendant incorporate all preceding allegations to form part of the


AFFIRMATIVE DEFENSES;
5. On November 30, 2008, plaintiff came to defendant to borrow money
in the amount of Two Hundred Thousand Pesos (P200,000.00),
allegedly for the hospitalization of her mother. A Contract of Loan
was executed on the same date which here to attached as Exhibit A;
6. Plaintiff agreed to pay aforesaid debt on or before December 31, 2012,
without the burden of any interest;
7. On July 25, 2012 upon tender by defendant of the amount of Fifteen
Thousand Pesos (P15,000.00) (as evidenced by Annex B series) in
favor of the plaintiff; the parties agreed to enter a Contract of
Compensation, as defined and sanctioned under Article 1279 of the
New Civil Code of the Philippines. The Contract of Compensation is
hereunto attached as Exhibit B;

COUNTERCLAIM
8. Because of the filing of the instant case, the defendant was
unnecessarily exposed to public shame, embarrassment and
humiliation, causing her to suffer nesmirched reputation, worries and
anxieties, reasons for which plaintiff must indemnify them the amount
of Five Hundred Thousand Pesos (P500,000.00) as moral damages;
9. Likewise, because of the filing of the present case, the defendant was
constrained to retain the services of a lawyer to assist her for an
agreed fee of One Hundred Thousand Pesos (P100,000.00) as
acceptance fee and appearance fee of Five Thousand Pesos
(P5000.00) for every hearing thereafter, which plaintiff must pay.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is respectfully
prayed of the Honorable Court, after hearing and trial, to render
judgment in favor of the defendant MARY GRACE L. ADRIANO,
and to order the following:
1. To order the DISMISSAL of the instant case;

2. To order the plaintiff to pay defendant the following:


a. The sum of Five Hundred
(P500,000.00) as moral damages;

Thousand

Pesos

b. The sum of One Hundred Thousand Pesos


(P100,000.00) as and for attorneys fee and the sum of
Five Thousand Pesos (P5000.00) for every hearing
thereafter as appearance fee.
3. To grant such other relief and remedies deemed just and
equitable under the premises.
Meycauayan City, for Bulakan, Bulacan, this 18th day of August,
2015.

ATTY. CARLA NIAKSIA V. ROXAS


-Counsel for the DefendantMeycauayan City, Bulacan
Roll of Attorneys No. 457332
PTR No. 14643, 01/06/14, Malolos City
IBP No. 427753, 01/04/14, Malolos City
MCLE Comp. No. IV-0001528, 01/02/15