Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

Metropolitan Trial Court
Branch 8
Quezon City

PAOLO GARCIA, Civil Case No. XYZ-123

Plaintiff FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
- versus -

JUAN D. CRUZ,
Defendant
x -----------------------x

ANSWER
DEFENDANT, through undersigned counsel, before this Honorable
Court, most respectfully states THAT:

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

complaint;

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

to the truth of the averment in paragraph 4 of the complaint;

3. Paragraph 5 of the Complaint is denied insofar as it alleges that the

defendant failed to pay the obligation stated therein, the truth being
those alleged in the special and affirmative defenses part hereinbelow;

4. Paragraph 6, 7 and 8 of the complaint are denied for lack of knowledge as

the truth and falsity thereof, the demands are too exorbitant, excessive,
contrary to law, unjust and oppressive, and the truth of the matter is
hereunder pleaded in the Special Affirmative Defenses herein set forth;

SPECIAL AND AFFIRMATIVE DEFENSES

Defendant repleads by incorporation all the foregoing allegations

and further states, THAT:
1. Defendant is Paolo Garcia’s friend and business partner in
ABC Bank with an office address at #5 Timog Ave., Quezon
City;

2. On May 1, 2019, defendant was in dire need of money and he

communicated and received from plaintiff the amount of ONE
MILLION PESOS (P 1,000,000.00) payable on or before May 1,
2020;

3. Sometime in 2019, he sold and turned over the ownership of his

car, a 2020 Toyota Altis with a Plate No. ABC-123, in the
amount of FIVE HUNDRED THOSUAND PESOS (P
500,000.00) to the plaintiff as partial payment for his
indebtedness;

4. The Plaintiff never gave the Defendant an opportunity to

show in good faith that they would pay the said
obligation but in fact refused the Defendant’s proposal in
issuing post- dated checks to cover the payment of the
said obligation and to show their willingness to pay the
same;

5. On May 3, 2020, the defendant requested the plaintiff that he

will settle his indebtedness for another month or until on July
2020 to pay his remaining debt which the plaintiff agreed;

6. That there was no deliberate refusal on the part of the

Defendant to pay their obligation to warrant and justify the
Plaintiff claim for litigation expenses including attorney’s fees as
this was just temporary delay. A summary of payments history
is hereto attached and marked as Annex “___” and made an
integral part hereto.

7. The venue was improperly laid upon an ordinary collection suit

for money claims exceeding P300,000 pursuant to Batas
Pambansa Blg. 129, otherwise known as the "JUDICIARY
REORGANIZATION ACT OF 1980" as amended by Republic
Act No. 7691 which states that if the aggregate amount of the
money claim, exclusive of interests and costs, exceeds
P300,000, the Revised Rules of Procedure for Small Claims
Cases finds no application and the Rules of Civil Procedure
shall apply.
 8. the Regional Trial Court (RTC) has jurisdiction over cases
where the aggregate money claim exceeds P400,000 if filed
within Metro Manila.

9.

COUNTERCLAIM

ANSWERING defendant repleads all the foregoing allegations and

by way of counterclaim, further states THAT:

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 Twenty-Thousand
Pesos (₱20,000.00) 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 Thirty Thousand Pesos
(₱30,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully

prayed to this Honorable Court the dismissal of the complaint for
lack of jurisdiction with costs against the plaintiff; and that the
defendant’s compulsory counterclaim be granted, i.e., moral
damages of Thirty Thousand Pesos (₱30,000.00), attorney’s fees of
Twenty-Thousand Pesos (₱20,000.00), 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.

Quezon City. May 15, 2020.

Quezon City, June 7, 2020.

ATTY. JOSE RIZAL

Counsel for Petitioner
Rizal Law Office, #3 Malumanay St., Quezon City
 Roll of Attorneys No. 12345
PTR NO. 12345, 01/15/20, Quezon City
IBP NO. 54321, 01/13/20, Quezon City
MCLE Comp. No. V-123456, 01/11/20

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY ) SS.
x----------------------------x

VERIFICATION &
CERTIFICATION OF NON-FORUM SHOPPING

I, JUAN D. CRUZ, under oath depose and state:

That I am the defendant in this case;

That I have caused the preparation of this answer with counterclaim;

That the contents stated therein are true and correct of my own
personal knowledge;

That I deny the due execution of the Promissory Note;

That I do hereby certify that I have not commenced any other action
or proceeding involving the same issues in the Supreme Court, the Court
of Appeals, or any other tribunal or agency; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme Court,
the Court of Appeals, or any other tribunal or agency; that if I should
thereafter learn that a similar action has been filed or 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 the Court or
agency wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

th
15 day of May 2020 at Quezon City, Philippines.

Juan D. Garcia
 Defendant
TIN 54321-003; Quezon City

SUBSCRIBED AND SWORN to before me this 15th day of May 2020 in

Quezon City, Philippines.

ATTY. JOSE RIZAL

My Commission No. is 100
Expires on December 31, 2021
Rizal Law Office, #3 Malumanay St., Quezon City
Roll of Attorneys No. 12345
PTR NO. 12345, 01/15/20, Quezon City
IBP NO. 54321, 01/13/20, Quezon City
MCLE Comp. No. V-123456, 01/11/20

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