Fariola, Lea Gabrielle M.

– M7
Legal Technique Saturday 8:00-10:00
Homework No. 2
May 30, 2020

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
7th Judicial Branch
City of Talisay, Province of Cebu
Branch No. 7

Ronald Diez,
Plaintiff,
CIVIL CASE No. 112717
- versus - FOR: Sum of Money with Interest

Arnold Cuatro,
Defendant.
x-----------------------------------x

ANSWER

 COMES NOW, the defendant, through the undersigned counsel and

unto this Honorable Court, most respectfully avers:

1. That he ADMITS the contents of paragraph 2 insofar as his personal

circumstances are concerned;

2. That he ADMITS paragraphs 3 and 4 regarding his obligation to pay

his loan in the amount of Five Hundred Thousand Pesos (PhP
500,000.00) with a maturity date one year after the date of borrowing
which is February 14, 2000;

3. That he ADMITS paragraph 5 stating that he complied to plaintiff’s

request to execute and sign a Promissory Note specifying the amount
loaned and the maturity date; and

4. That he DENIES paragraphs 6 and 7, and that he has not received any
demand – oral or written – from the plaintiff to exact payment and that
the former has not refused any such alleged demand.

SPECIAL AND AFFIRMATIVE DEFENSES

1. That upon maturity date, without having received any demand, but only
in consideration of the Promissory Note, he went to plaintiff’s house to
pay but nobody was there to receive the payment; and
2. That he, upon trying to contact plaintiff but to no avail, has sent a letter
to the plaintiff that he has decided to consign his payment to the court
and that after the consignation, has notified the plaintiff of such fact.

COMPULSORY COUNTERCLAIM

1. Since the obligation should have been extinguished through consignation,

it should be declared to have been fulfilled; and

2. By reason of this petition, the defendant was forced to hire the services of
a lawyer to defend his rights and interests as a debtor for a professional
fee of Twenty-five Thousand Pesos (PhP 25,000.00) and Two Thousand
Pesos (PhP 2,000.00) per court appearances;

3. In addition, this petition has caused the defendant sleepless nights,

serious anxieties and similar sufferings for which the defendant claims
moral damages of at least One Hundred Thousand Pesos (PhP
100,000.00).

COMPULSORY COUNTERCLAIM

  WHEREFORE, the defendant respectfully prays that the complaint be

dismissed with costs against the plaintiff; and that the defendant’s
counterclaim be granted i.e. declaration of the extinguishment of the
obligation, attorney’s fees of Twenty-five Thousand Pesos (PhP 25,000.00)
and Two Thousand Pesos (PhP 2,000.00) per court appearances and moral
damages of at least One Hundred Thousand Pesos (PhP 100,000.00).

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

Talisay City, Cebu Province, Philippines, April 29, 2020.

Atty. Gabrielle Mangubat

Counsel for Defendant
PTR No. 111795, Cebu City, 1/2/2020
IBP OR No. 092795, Cebu City, 1/2/2020
Attorney’s Roll No. 27243
MCLE Compliance Certificate No. IV-
001117, Pasig City, 1/2/2020
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF CEBU) S.S.
CITY OF CEBU
x------------------------------------------x

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, Arnold Cuatro, of legal age, Filipino, after having been sworn, in

accordance with law, hereby depose and state that:
1. I am the Defendant in the above-captioned case;
2. I have read and understood the contents hereof of this Petition Dismiss,
and the facts herein alleged are true and correct of my own knowledge
and based on available verifiable records;
3. I heretofore have not commenced any other action or proceeding or any
claim, or filed any claim involving the same issues raised in the above-
captioned case, in this Honorable Supreme Court, in the Court of
Appeals, nor the different Divisions thereof, nor in any other court or
tribunal or agency and, to the best of my knowledge, no such other
action or claim is pending therein;
4. I hereby undertake to notify this Honorable Court of such fact within
five (5) days from receipt of such knowledge, should I come to learn that
the same or a similar action or claim has been filed or pending in the
Supreme Court, Court of Appeals, the different Divisions thereof, or any
other court or tribunal or agency;
5. I am executing this sworn statement in compliance with Section 5, Rule
7 of the 1997 Rules of Court.

Arnold Cuatro
Affiant
TIN 12345-009, Cebu City

SUBSCRIBED and SWORN TO before me this 21st day of May

2020 at Talisay City, Philippines, affiant exhibiting to me her SSS ID with
ID No. 123456 issued by the Social Security System, as competent evidence
of her identity, and she personally acknowledged to me that the foregoing
“Petition” is her free and voluntary act and deed. Machine copy of this SSS
ID is hereto attached.
 Atty. Leah D. Abogada
Notary Public
PTR No. 1234567, Cebu City, 2/2/2020
IBP OR No. 654321, Cebu City, 2/2/2020
Attorney’s Roll No. 11122
MCLE Compliance Certificate No. IV-
0025415, Cebu City, 2/2/2020

Doc No. 5;
Page No. 2;
Book No.1;
Series of 2020.