REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
CITY OF MAKATI
BRANCH 56

RODOLFO F. VIERNES
Plaintiff,

-versus- CIVIL CASE NO.

DR. VIOLY S. FIE

RUBY C. LIM
Defendants,
x-------------------------------------------x

ANSWER

Defendants, by through the undersigned counsel, unto the Honorable

Court, most respectfully avers:

1. Defendants specifically deny paragraph 1 for lack of knowledge and

information sufficient to form a belief as to the truth and veracity
thereof;

2. Defendants admit paragraph 2 insofar as it relates to the personal

circumstances of answering respondent;

3. Defendants admit paragraph 3.

4. Defendants specifically deny paragraph 4 and 5 for she never invited

Mr. Viernes to the party.

5. Defendants admit paragraph 6, 7 and 8 only insofar as Ms. Lim asking

him to leave the party and Dr. Fie ignoring him. The rest of the
allegations are being denied for lack of knowledge sufficient to form a
belief as to the truth or falsity of the said statements and subject to
hereafter affirmative defenses.
6. Defendants specifically deny paragraph 9 for lack of knowledge and
information sufficient to form a belief as to the truth and veracity
thereof.

BY WAY OF SPECIAL/AFFIRMATIVE DEFENSES

7. The foregoing allegations are hereby repleaded, reproduced, and

reiterated as part of the affirmative defenses ;

8. It is true that defendant approached the plaintiff while having coffee

in the lobby but she never invited him to join to the party. It was Mr.
Viernes who volunteered to carry the basket of fruits intended for the
celebrant as he was likewise going to take the elevator, not to the
penthouse but to Altitude 49. When they reached the penthouse, she
reminded Mr. Viernes to go down as he was not properly dressed and
was not invited.

9. Being the Hotel Executive Secretary, Ms. Lim generated an exclusive

guest list and extended invitations accordingly and that Mr. Viernes
was not one of those invited. She approached Mr. Miller, the captain
waiter and Ms. Zenaida, sister of Dr. Fie to inquire as to presence of
Mr. Viernes who told her that Dr. Fie did not invite him. Ms. Lim
requested both Mr. Fruto and Captain Batung to tell Mr. Viernes to
leave the party as he was not invited but Mr. Viernes lingered.

10.Defendant admitted having the plaintiff to leave the party but not
under the ignominious circumstance painted by the latter. Ms. Lim
approached him and said: alam ninyo , hindi ho kayo dapat nandito.
Pero total nakakuha na kayo na ho kayo ng pagkain, ubusin na lang
ninyo at pagkatapos kung pwede lang po umalis na kayo. She then
turned around trusting that Mr. Viernes would show enough decency
to leave, but to her surprise, he bagan screaming and making a big
scene, and even threatened to dump food on her.

11.Dr. Fie saw Mr. Viernes shouting. She ignored him as she was
embarrassed and did not want the celebrant to think that she invited
him.
 AS BY WAY OF COUNTERCLAIM:

1. That due to this instant frivolous and baseless petition, herein

defendants suffered sleepless nights, besmirched reputation,
wounded feelings, anxiety that to compensate for moral damages
would amount to Php 500,000.00;

2. Likewise, plaintiff’s ruse and evident bad faith in compelling

defendant to litigate and as corrective measure, so as to dissuade
those who may emulate plaintiff’s fraudulent, reckless, oppressive
and malevolent acts and manners, defendant prays for exemplary
damages in the same amount of Php 500,000.00;

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that judgment be rendered:

1. DISMISSING the instant complaint for utter lack of

merit and;

2. ORDERING plaintiff to pay defendants the following

amounts:

a. Php 500,000.00 for moral damages

b. Php 500,000.00 for exemplary damages

Other just and equitable reliefs are likewise prayed for.

City of Makati, December 7, 2016.

 OFFICE OF THE CITY LEGAL
Counsel for the Respondents
City Government of Manila
City Capitol Building
City of Makati, Metro Manila
Tel No. (02) 527 0897

By:

ATTY. JOSE R. MARIANO

IBP NO. 684211/June 13, 2016 Makati
PTR No. 3643589/June 13, 2016 Makati
Roll of Attorney’s No. 20121
MCLE Compliance No. V -0001225- 6-01-16

Copy furnished:

CASTILLO LAMAN TAN PANTALEON & SAN JOSE

The Valero Tower 2nd, 3rd, 4th, 5th and 9th floors
122 Valero Street, Salcedo Village
Makati City, Metro Manila
 VERIFICATION

We, DR. VIOLY S. FIE AND RUBY C. LIM, of legal age, married,
Filipino and with postal address at Brgy. Carmona, Makati, Metro Manila,
after having been duly sworn to in accordance with law hereby voluntarily
depose and say that:

1. We are the Defendants in this case ;

2. We have caused the preparation of the said Answer ;

3. We have read the same and the averments contained therein are
all true and correct to the best of my personal knowledge and based
on authentic records.

In witness whereof, I hereunto set my hand this 7th day of December

2016 at City of Makati, Metro Manila

DR. VIOLA S. FE RUBY C. LIM

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 7th of December

2016, here at Makati City, Metro Manila.Affiant establishing to me their I.D.
indicated below their names.

NOTARY PUBLIC

Doc. No. ____

Page No. ____
Book No. II ;
Series of 2016.