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Republic of the Philippines

COURT OF APPEALS
Manila, Philippines

JUAN A. BILOG,

Appellant,
CIVIL CASE NO. 143-440
-versus- For: Collection of a Sum of
Money
PEDRO B. TATSULOK,

Appellee.

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APPEALLEE’S BRIEF
The appellee, PEDRO B. TATSULOK, through the undersigned
counsel, and unto this Honorable Court, in answer to the allegations raised by
the defendant-appellant in his Brief, respectfully submits the following:

PREFATORY STATEMENT
Through this appeal, PLAINTIFF-APPELLANT assails the judgment,
dated 20 January 2023 rendered by Judge Pepe A. Ramos of the Regional
Trial Court Branch 25 of the Regional Trial Court of Iloilo City, dismissing
his complaint for Collection of Sum of Money.

COUNTER-STATEMENT OF FACTS
Plaintiff – Appellant, JUAN A. BILOG, filed a complaint for the
Collection of a Sum of Money against herein defendant-appellee, PEDRO B.
TATSULOK, based on a duly executed promissory note dated August 27,
2021. Plaintiff – appellant is the owner of the MONEYGRAB
ENTERPRISES, a lending company.

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Herein Defendant – Appellee, PEDRO B. TATSULOK, testified that
payment was already made showing an official receipt (EXHIBIT 1) as proof
of payment which was issued to him on 12 December 2021. MAR R. AMRI,
the cashier of MONEYGRAB ENTERPRISES, was presented to identify the
receipt and the signature (Exhibit 1-A) therein. Ms. Amri, positively identified
the receipt as the official receipt of the MONEYGRAB ENTERPRISES and
the signature therein as her own. The defense was also able to present JOSE
C. PARIHABA, a borrower of the MONEYGRAB ENTERPRISES, to attest
that he witness the payment made on 12 December 2021.

Plaintiff-appellant likewise admitted the official receipt when it was


offered as evidence.

On 20 January 2023, on the strength of the defense’s evidence, the


Regional Trial Court promulgated its decision. The dispositive portion of the
decision reads:

“WHEREFORE, premises considered and in view of the


admission of the official receipt by the plaintiff, the Court finds that the
defendant was able to prove by preponderance of evidence that
payment of the loan in favor of the plaintiff was made and as such
judgment is hereby rendered in favor of the defendant and against the
plaintiff, ordering the latter to pay damages and the costs of litigation.

SO ORDERED.”

COUNTER-ARGUMENT

Defendant-Appellee raises the following counter-arguments to the


assignment of error raise by the Plaintiff-Appellant:

1. The official receipt

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DISCUSSION
A. THE REGIONAL TRIAL COURT HAD COMMITTED A
REVERSIBLE ERROR THROUGH MISAPPREHENSION OF FACTS
WHEN IT FAILED TO APPRECIATE THAT THE PROMISSORY NOTE,
THE PRIVATE DOCUMENT EVIDENCING THE CREDIT, IS STILL
HELD BY THE PLAINTIFF – CREDITOR, THEREBY PROOF OF NON-
PAYMENT OF DEBT

8. The appellant submits that the Regional Trial Court had committed
a reversible error when it did not look into the credence of the promissory note
as held by plaintiff-appellant. This promissory note was marked “Exhibit A.”
Jurisprudence abounds that in civil cases, one who pleads payment has the
burden of proving it. When the creditor is in the possession of the document
of credit, proof of non-payment is not needed for it is presumed. The debtor
has the burden of showing with legal certainty that the obligation has been
discharged by payment.

PRAYER
WHEREFORE, it is respectfully prayed and pleaded of this Honorable
Court that the decision promulgated on 20 January 2023 dismissing the
complaint be RECONSIDERED, REVERSED, and SET ASIDE.
Other reliefs just and equitable are likewise prayed for.

30th day of January 2023, City of Iloilo.

ATTY. ISIDORE T. TAROL III


Notary Public
Valid until December 31, 2023
Roll of Attorneys No. 753000
PTR NO. 12345-753, Iloilo City, June 27, 2023
IBP NO. 753-12345, Iloilo City, June 27, 2023
MCLE Compliance. No. IV-12345-7530

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VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, JUAN B BILOG, of legal age, single, Filipino and a resident of #23 Liko
St., Oton, Iloilo City, after having been duly sworn, depose and state that:
1. I am the appellant in the above-stated case;

2. I have caused the preparation of the foregoing petition;

3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and as culled from authentic records;

4. To the best of my knowledge and belief, I have not commenced any


other action or filed any claim involving the same issues in the Supreme Court,
the Court of Appeals, or any other tribunal or agency;

5. If I should thereafter learn that a similar action or proceeding has


been filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 30th day


of January 2023 in the City of Iloilo, Philippines.

JUAN B. BILOG
Affiant

SUBSCRIBED AND SWORN to before me this 30th day of January 2023


affiant exhibiting to me his Driver’s License No. N05-12345 issued on March
04, 2022 in Iloilo City.

ATTY. ISIDORE T. TAROL III


Notary Public
Valid until December 31, 2023
Roll of Attorneys No. 753000
PTR NO. 12345-753, Iloilo City, June 27, 2023
IBP NO. 753-12345, Iloilo City, June 27, 2023
MCLE Compliance. No. IV-12345-7530
Doc. No. 14;
Page No. 4;
Book No.1;
Series of 2023.

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