Republic of the Philippines

6TH JUDICIAL REGION

Regional Trial Court
Branch 25
Iloilo City

JOSE A. MASILUNGAN, Civil Case No. CV-2018-24

Plaintiff,
For: Collection of Sum of Money
-versus- with Damages

BEN A. TAMBLING,
Defendant.
x--------------------------------x

ANSWER

DEFENDANT BEN A. TAMBLING, by undersigned counsel, unto

this Honorable Court most respectfully states that:

1. Paragraphs one (1) is admitted;

2. Paragraphs two (2) is denied as the defendant did not know of any
interest of 3 % be added aside of the Five Hundred Thousand Pesos he
indebted;

3. Paragraphs four (4) of the Complaint is denied for lack of knowledge

or information sufficient to form a belief as to the veracity or falsity thereof,
the allegation therein being matters known only to and are within the control
only of the plaintiff;

4. Paragraph five (5) to seven (7) of the Complaint are denied insofar as
it alleges that the defendant owes the plaintiff a sum of money and fails to pay
the same, the truth being those alleged in the special and affirmative defenses
part hereinbelow;

SPECIAL AND AFFIRMATIVE DEFENSES

1. On October 19, 2018, the Defendant and the Plaintiff met and the
former ask for the extension of the payment for one (1) year and questioned
the additional 3% of the payment as it is not included in the said agreement.

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 2. That Defendant did not sign the alleged promissory note; and that
Defendant’s signature is forged.

COMPULSARY COUNTERCLAIM

1. By reason of the abuse of right committed by the plaintiff and by reason

of the instant precipitate and unfounded suit, the defendant was constrained to
hire the services of a lawyer to defend his rights and interests for a professional
fee of Thirty-Thousand Pesos (₱30,000.00) and Three Thousand Pesos
(₱3,000.00) per court appearance;

2. Similarly, the plaintiff’s unfounded suit has caused the defendant

mental anguish, wounded feelings, sleepless nights, serious anxieties, and
other similar sufferings for which the defendant claims moral damages of Two
Hundred Thousand Pesos (₱200,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully

prayed to this Honorable Court the dismissal of the complaint for lack of merit
with costs against the plaintiff; and that the defendant’s compulsory
counterclaim be granted, i.e., moral damages of Two Hundred Thousand
Pesos (₱200,000.00), attorney’s fees of Thirty-Thousand Pesos (₱30,000.00),
and Three Thousand Pesos (₱3,000.00) per court appearance and costs of suit.

Other reliefs just and equitable under the premises are likewise prayed
for.

Oton, Iloilo City. January 9, 2023.

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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REPUBLIC OF THE PHILIPPINES)
PROVINCE OF ILOILO ) SS.
x----------------------------x

VERIFICATION and CERTIFICATION OF NON-FORUM

SHOPPING

I, BEN A. TAMBLING of legal age, Filipino, married, and a resident

of Tagbak, Jaro, Iloilo City, after having been duly sworn to in accordance
with law, hereby depose and state that:

1. I am the defendant in the above-stated case;

2. I have caused the preparation and filing of the foregoing Answer

and have read the allegations therein, and that they are true and correct of my
personal knowledge and belief and based on authentic documents;

3. I have not commenced any other action or proceeding involving

the same issues before the Supreme Court, Court of Appeals or any other
tribunal or agency and, to the best of my knowledge, there is no such action
or proceeding pending before any tribunal;

4. If I should learn that a similar action or proceeding has been filed

or is pending before the Supreme Court, 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 9th of

January, 2023 in Oton, Iloilo City.

BEN A. TAMBLING
Affiant

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 SUBSCRIBED AND SWORN to before me this January 9, 2023 at
Oton, Iloilo City, affiant exhibiting to me her driver’s license with No. L03-
09874321 issued on June 1, 2019, as competent proof of his identity.

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. 6;
Page No. 3;
Book No.1;
Series of 2013

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