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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION


REGIONAL TRIAL COURT
BRANCH 14
QUEZON CITY

AMANDO S. ROBILLO
Complainant,

- versus -

Civil Case No. 71234


(COLLECTION OF SUM
OF MONEY, ATTORNEYS
FEES AND OTHER
RELIEFS)

JOSHUA D. CELDRAN
Respondent.
x-------------------------------------------------------------------------------------------------x

ANSWER TO COMPLAINT

COMES NOW defendant Joshua D. Celdran, through the undersigned


counsel, in answer to the Complaint dated February 12, 2016 filed by plaintiff
Amando S. Robillo, most respectfully alleges:

Admissions/Denials
1. That defendant admits the allegations in paragraph 2 regarding his personal
circumstances;
2. That defendant denies the first cause of action stated in the complaint of
the plaintiff Amando S. Robilio;
3. That defendant denies having been obligated to pay the plaintiff of the sum
of P1,000,000.00 as a loan on or before August 11, 2015 with the interest
rate at 12% per annum;
4. That defendant denies the execution of promissory note dated on August
11, 2014 attached as Annex A;
5. That defendant denies such loan to be used as an additional capital of his
buy and sell business of used cars;

6. That defendant denies disposing off his properties to defraud his creditors;
7. That defendant admits paragraph 9 of the complaint whereby the plaintiff
and the defendant entered into a loan agreement amounting to P300,000.00
which became due on December 15, 2014.
8. That plaintiff and defendant were good friends that made the former entrust
such amount to the latter;
9. That such loan shall be used as an additional capital to the car details
business of the defendant;
10.That such loan agreement was notarized and acknowledged by the
defendant and is hereto attached as Annex B;
11.That defendant denies receiving demand letters from the plaintiff on
October 15, 2015 and January 15, 2016 for the fulfilment of the
obligation/s;

Affirmative Defenses

12. That defendant reiterates, repleads and incorporates by reference all the
foregoing insofar as they are material and additionally submit that the
complaint should be dismissed because:
a. The complaint fails to state that the amount loaned was actually
demandable since the plaintiff agreed that defendant may pay the
amount loaned when he has the capacity to do so because of their
good relationship as friends;
b. The plaintiff has no cause of action to file the complaint since the
amount loaned was only amounting to P300,000.00 and not
demandable;
c. The first cause of action of the plaintiff has no weight since the
signature of the defendant was forged in the said promissory note
attached as Annex A.

Compulsory Counterclaims

By way of compulsory counterclaim, answering Defendant alleges:

1. That the allegations in paragraph 1 to 9 of the answer are hereby


reproduced and reiterated;
2. That the filing of malicious action by the plaintiff against the answering
defendant has besmirched the defendants reputation which should be
compensated by way of suffered damages in the form of attorneys fees
and other litigation expenses.
3. That plaintiffs reckless and wanton attitude in filing the present action
against answering defendant should be castigated to deter persons from
acting in the same manner, and entitle the latter exemplary damages, which
amount is left to the sound discretion of the Honorable Court;

Permissive Counterclaims
By way of permissive counterclaim, answering Defendant alleges:
1. That due to the good relationship of defendant to the plaintiff, the latter has
agreed to enter into a loan agreement whereby the defendant may pay the
said loan if he has already a capacity to do so after the lapsed of period in
the loan agreement;
2. That defendant and plaintiff had an oral agreement on the set up for which
the defendant will pay the existing obligation;
3. That after such oral agreement, they also entered into a contract whereby
they will both franchise Master Siomai as a business to earn more
capital;
4. That the said business will help defendant to gain income to settle all his
obligations.

WHEREFORE, premises considered, answering defendant pray unto this


Honorable Court to render judgment, as follows:
5. To dismiss the present action of plaintiff against the defendant;
6. To grant the reliefs to the defendant as stated in the affirmative defenses
and other reliefs that the Honoroble Court is left in its discretion
Other just and equitable reliefs are prayed for.
Quezon City, 27 February 2016.

DIANNE D. SALTO
Counsel for the Plaintiff
The Lawyers Lair
8 Araw St., SFDM., Quezon City
Attorneys Roll No. 30231
MCLE Compliance # 0015639
IBP # 768927 Manila 3
PTR # 11128705 Quezon, City
January 2, 2015

Copy Furnished:
Atty. Loise Almay Juguan
Counsel for the plaintiff

VERIFICATION AND CERTIFICATION


ON NON-FORUM SHOPPING

I, Joshua D. Celdran, of legal age, married, Filipino, with postal address at


#412 Maginhawa St. Barangay Teachers Village East, Quezon City, after having
been duly sworn to an oath in accordance with law, do hereby depose and say:

1. That I am the defendant in the above entitled case;


2. That I have caused the preparation and filing of the foregoing Answer with
Compulsory Counterclaim;
3. That I have read the pleading and that the allegations therein are true and
correct of our own personal or based on authentic records;
4. That we further certify that there is no other case involving the same issues in
any court, tribunal or quasi-judicial agency and to the best of our knowledge,
no such action or claim is pending therein; and if we should thereafter learn
that the same or similar action or claim has been filed or is pending, we shall
report the fact within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, We hereunto affix our signature this 27th


Day of February, 2016 in Quezon City, Metro Manila.

JOSHUA D. CELDRAN
Defendant

SUBSCRIBED AND SWORN to before me this 27th day of February 2015


at CITY OF LAS PINAS.

ATTY. DIANNE D. SALTO


Notary Public

Doc. No.
Page No.
Book No.
Series of

385;
254;
13;
2016.

COPY FURNISHED:

AMANDO S. ROBILIO
13-D block, Carmela Homes, Fairview
Quezon City, Metro Manila
Philippines

Copy furnished through personal service:


Atty. Dianne D. Salto
Counsel for the Defendant
195 4th St. 8th Avenue
Caloocan City, Manila

REPUBLIC OF THE PHILIPPINES)


CITY OF QUEZON
) S.S.

PROOF OF SERVICE

I, John Carlo B. Quimpe, of legal age, married, and a resident of Quezon


City, Philippines, after having been duly sworn in accordance with law, hereby
depose and say;
That I am a messenger of the law office of Atty. Dianne D. Salto, counsel for
the defendant Joshua D. Celdran with office address at Caloocan City, Philippines;
That in my aforementioned capacity, I had personally delivered the attached
answer to complaint in the case entitled COLLECTION OF SUM OF
MONEY, ATTORNEYS FEES AND OTHER RELIEFS, docketed as Civil Case
No. 71234 dated February 12, 2016, to the plaintiff Amando S. Robilio with address
at 13-D block, Carmela Homes, Fairview, Quezon City. The answer to complaint
was received by the plaintiff himself.
I declare the penalty of perjury that the foregoing is true and correct and that
this declaration was executed on February 27, 2016 in the City of Quezon,
Philippines.

John Carlo B. Quimpe


Name

Signature

SUBSCRIBED AND SWORN TO me this 27th of February in the City of


Quezon, Metro Manila, Philippines, and affiant exhibiting to me his valid proof of
identification.

ATTY. DIANNE D. SALTO


Notary Public

Doc. No. 387;


Page No. 253;
Book No. 14;
Series of 2016.