REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Branch __
Borongan City

SEBASTIAN DIAZ,
Plaintiff,

- versus - CIVIL CASE NO. ___

For: Collection of Sum of money with
Prayer of Writ for the issuance of
Preliminary Attachment

FEDERICO GOMEZ,
Defendant.
x /

REPLY TO ANSWER WITH

COUNTERCLAIM

PLAINTIFF, by undersigned counsel, unto the Honorable Court, most

respectfully manifest that on April 17, 2022, he received a copy of the
ANSWER WITH COUNTERCLAIM of Defendant in the above-entitled
case and, by way of a REPLY to new matters alleged therein, hereby
state THAT:

1. The allegation in Paragraph 2 & 3 of the Answer with Counterclaim

is admitted insofar as the Plaintiff’s refusal to acknowledge the
receipt issued by the Plaintiff’s wife, the truth being that the
Plaintiff did not authorize any other person, including his wife, to
receive payment from the Defendant;

2. Paragraphs 1 of the Affirmative Defense are admitted insofar as

what was agreed regarding the deficiency or difference of the
amount of the assessed value versus the amount of loan was the
paintings coming from Italy but the same is still not enough to cover
the full amount of the total outstanding obligations the defendant
incurred from me. Therefore, there is no basis whatsoever

1
 for the Defendant to recover any damages, attorney’s fees nor
expenses of litigation from the Plaintiff;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that the compulsory counterclaim of the Defendant be
dismissed.

Borongan City, April 20, 2022.

KAYA LAW OFFICE

Counsel for the Plaintiff
Room 204, CRM Building,
Escario cor. Molave Sts.,
Borongan, City 6000
Telephone Number: (032) 253-1890 to 91
Fax Number: (032) 253-1892
E-mail Address: inquiry@kayalawoffice.com

By:

ATTY. DEKO NA KAYA

Roll No. 54321
IBP No. 827847, 01/04/17, Borongan City
PTR No. 576784, 01/04/17,Borongan City
MCLE Compliance No. V-0008811

2
Copy furnished, in accordance with
Section 11, Rule 13 of the Revised
Rules of Court, by registered mail,
due to shortage of messengerial
services, to:

CORCUERA & OTADOY LAW OFFICE

Counsel for the Plaintiff
Unit 164, SCR Building,
General Maxilom Avenue,
Cebu City 6000

ATTY. ALVIN Q. VASQUEZ

Clerk of Court
Municipal Trial Court in Cities,
Cebu City, Branch 9,
3/F Qimonda IT Center,
Sergio Osmeña Boulevard,
Cebu City