Keen Barandino
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES
BRANCH __
ILOILO CITY
MARIETTA LEMERY,
Plaintiff,
-versus- CIVIL CASE NO. 12345
FOR: SUM
OF MONEY
DANNY PAS LAMERA,
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 1 only insofar as his personal
circumstances are concerned;
2. That he ADMITS that he executed the promissory note cited in paragraph 2
of the complaint, but DENY the rest of the allegations that the he was
informed of the due date of the promissory note as alleged by the plaintiff;
3. That defendant did not accept or received any demand letters in
whatsoever form be it in oral or in writing as claimed in paragraph 3;
4. That defendant did not attend the barangay conciliation for the reason that
the loan was not due and demandable and no demand letter was received
nor delivered to the defendant as claimed in above mentioned paragraph
thereby promoting defendant to not attend the barangay reconciliation as
stated in paragraph 4.
WHEREFORE, the defendant respectfully prays that the complaint be
dismissed with costs against the plaintiff because of prematurity.
Other relief and remedies as may be deemed just and equitable under
the premises are likewise prayed for.
City of Iloilo, July 5, 2018.
BARANDINO, ESPANOLA AND SUDARIO
Counsel for the Defendant
Suite 258 The Tower
Bitoon Jaro, Iloilo
By:
Atty. Jennifer Espanola
Roll No. 98765
IBP No, 12345/1-3-2012/Manila
PTR No. 34567/1-3-2012/Manila
Copy furnished:
ATTY. JOHN DOE
Counsel for the Plaintiff
Unit 1234 Laurel Building
Sampaloc, Jaro Iloilo City
COUNTERCLAIM
Defendant, DANNY PAS LAMERA, reiterates, repleads and
incorporates by reference all the foregoing insofar as they are material and
additionally submit that he is entitled to relief, arising from the filing of this
unwarranted and malicious act initiated by the Plaintiff, as follows:
1. Attorney’s fees of Fifty Thousand Pesos (Php 50,000.00), appearance
fee of One Thousand five hundred Pesos (Php 1,500.00) per hearing
and litigation expenses of Fifteen Thousand Pesos (Php 15,000.00);
and
2. Moral damages of One Million Pesos (Php 1,000,000.00) for anxiety,
sleepless nights and besmirched integrity.
WHEREFORE, it is respectfully prayed that the complaint be dismissed
and the defendant awarded the immediately preceding amounts stated.
Other just and equitable reliefs are likewise prayed for.
Iloilo City, July 5, 2018
ATTY. Keen Barandino
Counsel
V Law Office, 6/F, V Tower
Megaworld, Iloilo City
Tel. No. 3331111
Roll of Attorney No. : 98765
PTR No.: 123456, Jan.4, 2018,
Iloilo City
I BP No.: 654321, Jan. 8, 2015
MCLE Compliance No.: 434343
VERIFICATION AND CERTIFICATION AGAINST
FORUM SHOPPING
I, DANNY PAS LAMERA, Filipino, of legal age, married and a resident
of 123 Rizal St., Brgy. Maria Clara, Iloilo City, after having been duly sworn
to in accordance with law, hereby depose and say:
1. I am the defendant in the above-titled complaint;
2. I have caused the preparation of this Answer with Counterclaim;
3. The contents therein are true and correct to the best of my personal
knowledge and based on authentic document; and
4. I have not commenced any action or proceeding involving the same
issue in any tribunal or agency, to the best of my personal
knowledge, no such action or proceeding is pending in any other
tribunal or agency and should I therafter learn that a similar action
or proceeding has been filed or is pending in court or in such
tribunals, I undertake to report sucg fact within five (5) days
therefrom to the court wherein this certification have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of
July, 2018.
DANNY PAS LAMERA
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of July, 2018, in
Iloilo City, Philippines, affiant exhibited his PRC License Card with
number 200987 valid until July 6, 2019, as competent evidence of
identity.
ATTY. JANE CLAIRE SUDARIO
Notary Public – Iloilo City
Commission Serial No. 111122
Until December 31, 2018
DGS Law Office, 7/F, D Tower
Megaworld, Iloilo City
Tel. No. 2221111
Roll of Attorney No. : 89765
PTR No.: 165432, Jan.9, 2018,
Iloilo City
IBP No.: 654321, Jan. 8, 2015
MCLE Compliance No.: 465653
Doc. No. : 02
Page No.: 02
Book No.: 02
Series of 2018
CERTIFICATE OF SERVICE
I certify that on July 6, 2018, the original of this document was filed
with the Clerk of Court, and a true and accurate copy of this document was
furnished through personal service to:
ATTY. John DOe
Counsel for the Plaintiff
Unit 1234 Laurel Building
Sampaloc, Jaro Iloilo City
AFFIDAVIT
I, ROBERT PONJE, a messenger of ATTY. Keen Barandino, with office
address at V Law Office, 5/F, V Tower, Megaworld, Iloilo City, after being
duly sworn, deposes and states:
That on July 6, 2018, I served a copy of the following document
through personal service in accordance with Section 10, Rule 13 of the
Rules of Court:
ANSWER WITH COUNTERCLAIM
In Civil Case No. 12345 for Collection of Sum of Money entitled
Marietta Lemery, Plaintiff; versus Danny Pas Lamera, Defendant to Atty.
John Doe, Counsel for the Plaintiff, at his Office in Jaro, Iloilo City.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on
July 6, 2018, in Iloilo City, Philippines.
ROBERT PONJE
Affiant
SUBSCRIBED AND SWORN to before me this 6th day of July, 2018, in
Iloilo City, Philippines, affiant exhibited his LTO Non-Professional Driver’s
License with number 212987 valid until May 6, 2019, as competent
evidence of identity.
ATTY. JANE CLAIRE SUDARIO
Notary Public – Iloilo City
Commission Serial No. 111122
Until December 31, 2018
DGS Law Office, 7/F, D Tower
Megaworld, Iloilo City
Tel. No. 2221111
Roll of Attorney No. : 89765
PTR No.: 165432, Jan.9, 2018,
Iloilo City
IBP No.: 654321, Jan. 8, 2015
MCLE Compliance No.:
465653
Doc. No. : 03
Page No.: 02
Book No.: 02
Series of 2018
