Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 5, Davao City

ELIAS GRAFIL, Civil Case No. AB-2023-13

Plaintiff
For: COLLECTION FOR A SUM
-versus- OF MONEY WITH
DAMAGES
ALEXA VALDEZ,
Defendant
x--------------------------------x

ANSWER

DEFENDANT ALEXA VALDEZ, by undersigned counsel, unto

this Honorable Court hereby respectfully avers that:

1. Defendant admits paragraph one (1) to four (4) of the

Complaint;

2. The allegations in paragraphs six (6) to eight (8) are matters

that are known only to and within the sole control of the
plaintiff, and are thus denied for lack of knowledge or
information sufficient to form a belief as to their veracity or
falsity;

3. Insofar as it alleges that the defendant owes the plaintiff a sum

of money and refuses to pay the same, paragraph nine (9) of
the complaint is denied. The actual allegations are those made
in the special and affirmative defenses section below.

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 SPECIAL AND AFFIRMATIVE DEFENSES

1. On November 10, 2019, plaintiff and defendant met in

defendant’s house in #15 Jude St., Barangay Bago Aplaya,
Davao City, to transact business. During their negotiations, the
plaintiff agreed to let the defendant borrow a sum of Two
Million Pesos (P2,000,000.00).

2. On December 05, 2019, the defendant deposited the sum of

One Million Pesos (P1,000,000.000) in order to satisfy his
obligation to the plaintiff.

3. On January 06, 2020, the defendant made a transaction with

the bank and deposit the sum of One Million Pesos
(P1,000,000.000) over-the-counter and on February 07 of the
same year, the defendant also made a transaction with the
bank and transferred through online banking a sum of money
amounting to Seven Hundred Pesos (P700,000.000). Various
deposits made by the defendant are evidenced by his passbook
and deposit slips, a copy of which is hereto attached as “Annex
A”.

COMPULSARY COUNTERCLAIM

1. The defendant was forced to hire a legal counsel to defend his

rights and interests for a fees of Thirty Thousand Pesos (P30,000.00)
and Five Thousand Pesos (P5,000.00) each court appearance due to
the plaintiff's violation of rights and unjustified lawsuit;

2. Similarly, the defendant claims moral damages of Two Hundred

Thousand Pesos (P200,000.00) because the plaintiff's unjustified
lawsuit has caused him mental agony, emotional distress, sleepless
nights, major depression, and other similar afflictions.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully

prayed to this Honorable Court the dismissal of the complaint for lack
of merit with costs against the plaintiff; and that the defendant’s
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compulsory counterclaim be granted, i.e., moral damages of Two
Hundred Thousand Pesos (₱200,000.00), attorney’s fees of Thirty
Thousand Pesos (₱30,000.00), and Five Thousand Pesos (₱5,000.00)
per court appearance and costs of suit.

Other reliefs just and equitable under the premises are likewise
prayed for.

Davao City. February 20, 2023.

ATTY. MARLOU G. DIAZ

Counsel for the Defendant
Diaz Law Office, Bajada Commercial Bldg., 8000, Davao City
Roll of Attorneys No. 612014
PTR NO. 738292, 02/14/12, Davao City
IBP No. 757589, 02/12/12, Davao City
MCLE Comp. No. VII-0000765, 02/10/12

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 VERIFICATION and CERTIFICATION OF NON-FORUM
SHOPPING

I, ALEXA VALDEZ of legal age, Filipino, single, and a resident

of #18 Jude St., Bago Aplaya, Davao City, after having been duly
sworn to in accordance with law, hereby depose and state that:

I am the defendant in the above-stated case;

I have caused the preparation and filing of the foregoing

Answer and I have read and understood the allegations therein, and
that they are true and correct of my personal knowledge and belief
and based on authentic documents;

I have not commenced any other case/action or proceeding

involving the same issues before the Supreme Court, Court of
Appeals or any other tribunal or agency and, to the best of my
knowledge, there is no such action or proceeding pending before any
tribunal;

If I should learn that a similar action or proceeding has been

filed or is pending before the Supreme Court, Court of Appeals or any
other tribunal or agency, I undertake to report that fact within five
(5) days therefrom to this Honorable Court

IN WITNESS WHEREOF, I have hereunto set my hand this

February 20, 2023 in Davao City.

ALEXA VALDEZ
Affiant

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 SUBSCRIBED AND SWORN to before me this February 20
2023, affiant exhibiting to me her driver’s license with No.
L04-232425 issued on October 12, 2021, as competent proof of her
identity.

ATTY. SHEV D. SY
Notary Public
Sy Law Office, Buhangin Commercial Bldg., 8000, Davao City
Roll of Attorneys No. 131712
PTR NO. 908712, 08/05/17, Davao City
IBP No. 345126, 08/03/17, Davao City
MCLE Comp. No. VII-0003214, 08/01/17

Doc. No.: 49
Page No.: 8
Book No.: II
Series of 2023

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ANNEX “A”

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