Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Quezon City

KATHRYN B. BERNARDO
Plaintiff,

- Versus – Civil Case No.____________

FOR: FORCLOSURE OF REAL
ESTATE MORTGAGE
DANIEL P. PADILLA
Defendant.

X-----------------------------X

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

COMES NOW, the defendant, through the undersigned counsel and unto this Honorable
Court, most respectfully avers:

ADMISSIONS/DENIALS

1. That Defendant admits the contents of paragraph 2;

2. That defendant admits the truth of the allegations in paragraph 3 of the complaint
insofar as that on February 20, 2015, plaintiff extended a loan in favor of the
defendant in the amount of Six Hundred Thousand Pesos (PhP600, 000.00);

3. That defendant admits the truth of the allegations in paragraph 4 of the complaint;

4. That defendant admits the truth of the allegations in paragraph 5 of the complaint
insofar as that the defendant, in order to secure the payment of the sum of
PhP600,00.00, executed in favour of the plaintiff an acknowledgment of Debt and
a Deed of Real Estate mortgage on his residential lot with an area of 631 sq.m.
located in No. 888 Filinvest Subdivision, Quezon City and Covered by TCT No.
25177;
5. That defendant denies the truth of the allegations in paragraph 6 of the complaint
alleging that defendant failed to pay his loan on the stipulated monthly instalments.

6. That the defendant admits the truth of the allegations in paragraph 7 of the
complaint;

7. That the defendant denies the truth of the allegations in paragraph 8 of the
complaint alleging that the total outstanding obligation of the defendant to the
plaintiff which is secured by the foregoing mortgage amounts to PhP 672, 000.00.

SPECIAL AND AFFIRMATIVE DEFENSES

8. That the pleading asserting the claim states no cause of action;

8.1. That the defendant has already completed the payment of his loan on the
stipulated monthly instalments. Copies of the receipts of the payment of the
Defendant to the Plaintiff from the month of March 20, 2015 to February 20,
2016 are hereto attached and made an integral part hereof as exhibit “A”;

9. That the defendant failed to comply with the condition precedent before filing the
a complaint;

9.1. That defendant and the plaintiff reside in the same city (Quezon City);

9.2. That the subject of the complaint is a real property located in Quezon City
where both parties reside;

9.3. That both parties had not undergone barangay conciliation and/ or possible
amicable settlement pursuant to Section 408 and Section 412 of Republic
Act 7160 also known as the 1991 Local Government Code;

9.4. That the plaintiff failed to obtain a certificate to file action from the barangay;
 10. That the Verification of the complaint of the defendant is not proper insofar as to
paragraph 3 of verification and certification against forum shopping.

10.1. Under the rules the verification should be like this “That the allegations in
the said complaint are true and correct of my own personal knowledge and
based on authentic documents.

PRAYER

WHEREFORE, the defendant respectfully prays that the complaint be dismissed

because the complaint states no cause of action with costs against the plaintiff.

Other reliefs and remedies as may be deemed just and equitable under the
premises are likewise prayed for.

Respecfully submitted this 6th day of September, 2016 at Mandaluyong City for
Quezon City.

GARCIA VERA PAJO & ASSOCIATES

LAW FIRM
Counsel for the Defendant
Units 1 and 2, Lee Gardens Condominium
Shaw Blvd, Mandaluyong City
Tel. No. 756-4321
Website: www.gvp-law.com

By:

JONAS JOEY TORNO

PTR No. 3282882, 09/14/16/Mandaluyong City
Roll No. 12345 03/17/15
IBP Lifetime Member No. 1234568 03/25/16
MCLE Compliance No. V – 7584589 02/14/16

ELDRIN PAUL GARCIA

PTR No. 123467/1-04/16/Mandaluyong City
Roll No. 700000
IBP Lifetime Member No. 1234268 03/25/16
MCLE Compliance No. V – 7584582 02/14/16

ADHA B. PAJO
PTR No. 123467/1-04/16/Mandaluyong City
Roll No. 700000
 IBP Lifetime Member No. 1233568 03/25/16
MCLE Compliance No. V – 7584589 02/14/16

-and-

KATHERINE VERA
PTR No. 123467/1-04/16/Mandaluyong City
Roll No. 700000
IBP Lifetime Member No. 1235568 03/25/16
MCLE Compliance No. V – 7584581 02/14/16
Copy Furnished:

Atty. Margery Carreon

Atty. Jahzel Carpio
Atty. Rhoda Mae Damo
Atty. Mary Armin Morales
Atty. Emer Ley Ortega
Counsels for the plaintiffs
Unit 1414 The grove, Quezon City

Explanation
Copy of the foregoing ANSWER was sent by registered mail to plaintiff’s

counsels, instead of personal service as required by the rules, because of lack

of personnel on the part of the undersigned counsel to effect such personal

service.

VERIFICATION AND CERTIFICATION

Republic of the Philippines )

Quezon City ) S.S.

I, DANIEL P. PADILLA, of legal age, Filipino citizen and a

resident of 222 ABS COMPOUND, GALAS, Quezon City, after having
been duly sworn to 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 of the foregoing petition and

have read the allegation contained therein;

3. That the allegations in the said complaint are true and correct
of my own personal knowledge based on authentic documents.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 6th day of September 2016, in Mandaluyong City, Philippines.

DANIEL P. PADILLA
Affiant

SUBSCRIBED AND SWORN to before me this 6th day of

September, 2016, in Mandaluyong City, Philippines with affiant
exhibiting to me his Philippine Passport No. XC1026563 issued by
the Department of Foreign Affairs on June 8, 2013 in Manila.

Atty. JONAS JOEY TORNO

PTR No. 3282882, 09/14/16/Mandaluyong City
Roll No. 12345 03/17/15
IBP Lifetime Member No. 1234568 03/25/16
MCLE Compliance No. V – 7584589 02/14/16

Doc. No. _______

Page No. _______
Book No. _______
Series of 2016