Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 5, Cebu City
LUKE DEIDER,
Plaintiff,
Civil Case No. 1005
For: Collection for Sum of Money
-versus- With Damages and with Prayer for
Writ of Preliminary Attachment
SURIGAO ISLANDS SALES CORPORATION
and ARIANNE SANTOS
Defendants,
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ANSWER
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DEFENDANTS, through the undersigned counsels, and unto
this Honorable Court, most respectfully states that:
1. Paragraph 19 and 20 is denied as the signatures of Ms.
ARIANNE SANTOS and Ms. RONA SANTOS in the demand letter
were forged.
2. Paragraph 22 is denied as payment was made on January 15,
2018 and received by plaintiff on the same day. The amount paid was
debited to the bank account of defendant SISC.
3. Paragraph 24 is denied as the disposal of the said properties was
not to defraud; it was a legitimate business transaction between the
defendant and Spouses Adrian Jeremiah and Jinnelyn Vargas.
4. Paragraph 25 is denied as the act of departing of defendant was
for a scheduled business trip.
By way of
AFFIRMATIVE DEFENSE
Defendants further aver THAT:
As and by way of affirmative defense, defendants submit that
the complaint of the plaintiff has no cause of action.
Plaintiff has no cause of action
5. The promissory notes alleged in the complaint are all satisfied by
payment of defendants of the amount of Seventy-Six Million, Two
Hundred Thousand Pesos (P76,200,000.00) inclusive of interest on
January 15, 2018. Attached here is the check as Annex “A” and the
acknowledgment receipt signed by Plaintiff as Annex “B”.
6. The check issued by defendant to pay the loan was cleared on
January 18, 2018.
7. The defendant did not any way defraud plaintiff, as defendants
are not remiss of their obligation to pay the loan due to plaintiff.
8. The demand letters attached in the complaint as Annexes “E-1”,
“E-2”, “F-1”, and “F-2”, are spurious as the signatures of defendant
Arianne and Rona were forged.
9. It would be physically impossible for defendant Arianne and
Rona to receive and sign the demand letters as they were outside the
country during the said dates. Defendant Arianne and Rona Santos
were on a business trip in Dubai on November 20 to December 28,
2018. Attached here as Annexes “C” and “D” are the boarding passes
they used for the trip.
10. Attached also here marked as Annex “E” is the joint affidavit of
Arianne and Rona Santos attesting that they were out of the country
for a business trip.
By way of
OPPOSITION TO THE APPLICATION FOR WRIT OF
PRELIMIARY ATTACHMENT
Defendants deny all preceding allegations and further aver that:
9. Plaintiff asks for the issuance of writ of preliminary attachment
on the ground that defendant is defrauding them by disposing their
properties and by departing outside the country.
10. The defendant respectfully reiterates that there is no act of
defrauding to speak of as the obligation was fully paid and thereby
extinguishing the loan obligation.
By way of
COUNTERCLAIM
Defendants deny all preceding allegations and further aver that:
11. Plaintiff has engaged in the filing of a baseless suit and complaint
that mocks the sanctity of our justice system. Through this
unsubstantiated and unfounded allegations, defendants herein
expended needles expenses to answer the lawsuit. Plaintiff is ought to
indemnify actual damages of Five Million Pesos (P5,000,000.00).
12. Plaintiff is also ought to indemnify moral damages amounting to
Ten Million Pesos (P10,000,000.00) for the baseless suit that caused
anxiety, injury of the reputation of the defendants.; exemplary
damages in the sum of Six Million Pesos (P6,000,000.00) to show an
example for people not to file baseless suits and making unfounded
allegations and expenses litigation in the sum of One Million Pesos
(P1,000,000.00).
PRAYER
WHEREFORE, it is respectfully prayed and submitted of the
Honorable Court to DISMISS the complaint on grounds stated, with
prejudice, and to order Plaintiff to pay Defendants the following:
1. Actual damages in the sum of Five Million Pesos
(P5,000,000.00);
2. Moral damages in the sum of Ten Million Pesos
(P10,000,000.00);
3. Exemplary damages in the sum of Six Million Pesos
(P6,000,000.00); and
4. Expenses litigation in the sum of One Million Pesos
(P1,000,000.00).
Other relief that are just and equitable are also prayed for.
RESPECTFULLY SUBMITTED
Cebu City, March 21, 2019
DANICA L. CABALLES
Roll of Attorneys No. 10121
PTR No. 15423456, January 7, 2019, Cebu City
IBP No. 78690, November 30, 2018, Cebu City
MCLE Compliance No. V-014598 / 21 August 2017
TIN: 112-185-643
caballesdanica@gmail.com
JOHN REYRANI E. CADELENA
Roll of Attorneys No. 10122
PTR No. 05427456, January 7, 2019, Cebu City
IBP No. 78410, August 12, 2018, Cebu City
MCLE Compliance No. V-000598 / 12 June 2017
TIN: 165-324-178
jrecadelena@gmail.com
KARL FRANCIS R. ESTAVILLA
Roll of Attorneys No. 10123
PTR No. 18219916, January 7, 2019, Cebu City
IBP No. 71690, January 10, 2018, Cebu City
MCLE Compliance No. V-122298 / 12 September 2017
TIN: 121-556-202
karlfrancisestavilla@gmail.com
AARON JAMES C. MELENDEZ
Roll of Attorneys No. 10124
PTR No. 10154257, January 7, 2019, Cebu City
IBP No. 71190, February 11, 2018, Cebu City
MCLE Compliance No. V-000172 / 15 July 2017
TIN: 188-287-754
melendezaaronjames@gmail.com
DON LAURENCE B. VILLAESTER
Roll of Attorneys No. 10125
PTR No. 19417264, January 7, 2019, Cebu City
IBP No. 72520, April 30, 2018, Cebu City
MCLE Compliance No. V-024351 / 17 April 2017
TIN: 190-711-654
dlorenzovillaester@gmail.com
