Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
BRANCH 39
Davao City

JUAN DELA CRUZ

Plaintiff,
CIVIL CASE NO. 12368
-versus- FOR: SUM OF MONEY

PEDRO SANTOS
Defendant,
x------------------------------------------x

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

AND COUNTERCLAIM

NOW COMES the defendant, through counsel, in the above entitled case,
and to this Honorable Court most respectfully alleges:

1. Defendant admits the averment in paragraph 1, 2 and 3 of the

complaint;

2. Defendant specifically denies the allegation in paragraph 4 of the

complaint, the truth being that defendant did not renege on his
obligation and paid religiously upon repeated demands by plaintiff;

3. Defendant has no knowledge or information to form a belief as to the

truth of the averments in paragraphs 5,6,7 and 8 of the complaint;

By way of special and affirmative defenses, defendant avers:

1. That the obligation has been paid;

2. That the defendant had purchases said land from plaintiff and paid
said promissory notes;

3. That the cause of action has prescribed.

By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and malicious act initiated by the

plaintiff, defendant was forced to engage counsel in the sum of
P10,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed and

defendant be awarded the amount of P5,000.00

1
 Other equitable reliefs are likewise prayed for.

Davao City, Philippines, February 13, 2020.

_____________________
Counsel for the Defendant

ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH

THAT Defendant specifically denies under oath the genuineness and due
execution of the instrument a copy of which is attached to Plaintiff’s complaint as
Annex “A”, the truth being that his signature thereon is forged and that he did not
in fact sign the said instrument.

_____________________
Counsel for the Defendant

REPUBLIC OF THE PHILIPPINES )

CITY OF DAVAO ) S.S.

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, PEDRO SANTOS, of legal age, Filipino and holding office at Suite 501
and 502, Pryce Tower, J.P. Laurel Avenue, Davao City, declares under oath that:

1. I am the defendant in the above entitled case; I caused the preparation of

the foregoing petition;

2. The denials and claims stated in the above complaint are true and correct
to the best of my knowledge and authentic records;

3. I have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending in them; and

4. If I should learn that the same or similar action or claim has been filed or
is pending after its filing, I shall report that fact within five (5) days from notice to
the court or where the complaint or initiatory pleading has been filed.

Davao City, February 13, 2020.

2
 PEDRO SANTOS
Affiant

SUBSCRIBED AND SWORN TO before me by Pedro Santos, whose

identity is evidenced by Passport No. L653428 valid up to 31 December 2021, and
presented his TIN No.879797, who is the same person who personally signed
before me the foregoing document and acknowledged that he executed the same.

____________________
Notary Public

Doc No.____;
Page No. ___;
Book No. ___;
Series of 2020.