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REPUBLIC OF THE PHILIPPINES

REGIONALTRIALCOURT OF BATANGAS
FOURTH JUDICIAL REGION
BRANCH_____
BATANGAS CITY
REBECCA Z. BELO,
Plaintiff.
CIVIL CASE NO.____________
--versus-For Collection of Sum of Money
FRIDA Y. CALAYAN,
Defendant.
x------------------------------------------x

ANSWER
DEFENDANT, thru counsel, by way of answer to plaintiffs
complaint, to this Honorable Court respectfully states that:
Admissions/Denials
1. She ADMITS the allegations in paragraphs 2, 3 and 4 of the
Complaint;
2. She ADMITS the allegations in paragraph 5 only insofar as the oral
and written demands made by the plaintiff but DENIES the allegation
that she is unjustifiably and unreasonably refusing to deliver the laser
slimming machine subject of the contract, in fact, the laser slimming
machine was already packed and ready for delivery as early as
October 7, 2013 but plaintiff refused the delivery;
3. She ADMITS the allegations in paragraph 7 of the complaint;
4. She is without knowledge or information sufficient to form a belief as
to the truth of the allegations in paragraphs 6 and 8 of the complaint.

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Special and Affirmative Defenses


Defendant incorporates the foregoing allegations, and further avers
that:
5. Plaintiff has no cause of action against defendant and, in fact, it is
plaintiff who caused the breach of the contract by insisting on the
delivery of a SUCTIOFAT-2000 laser slimming machine which is a
higher

end

model

and

costs

THREE

MILLION

PESOS

(Php3,000,000.00) instead of the SUCTIOFAT-1000 laser slimming


machine agreed upon in the contract while also insisting on paying
only an additional of THREE HUNDRED THOUSAND PESOS
(Php300,000.00) instead of paying the difference in cost of the two
machines

of

FIVE

HUNDRED

THOUSAND

PESOS

(Php500,000.00);
6. Plaintiff acted in bad faith in refusing to accept delivery of the
SUCTIOFAT-1000 laser slimming machine as agreed upon in the
contract and trying to force defendant to deliver a SUCTIOFAT-2000
laser slimming machine instead which would have caused losses on
the part of defendant;
7. Plaintiff acted in bad faith in refusing to annul the contract and to
accept the down payment which the defendant offered to return;

Counterclaim
Defendant additionally submits that he is entitled to relief arising from
the filing of this malicious and baseless suit, as follows:
8. Moral

damages

amounting

to

TWO

MILLION

PESOS

(Php2,000,000.00) because her name and reputation were besmirched


by this malicious and baseless suit;

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9. In order to defend herself from this malicious and baseless suit,


defendant was compelled to engage the services of the undersigned
counsel in order to protect her interests, for an agreed professional fee
of TWO HUNDRED FIFTY THOUSAND PESOS (Php250,000.00)
plus TWO THOUSAND PESOS (Php2,000.00) per appearance in
court;
10.Defendant also incurred other litigation expenses in the amount of
ONE HUNDRED THOUSAND PESOS (Php100,000.00) for which
the plaintiff should be made liable to Defendant.

Prayer
WHEREFORE, Defendant respectfully prays of this Honorable Court
that judgment be rendered ordering Plaintiff to comply with her obligations
as agreed upon in the contract or, in the alternative, to annul the contract and
accept the return of the down payment, and in any case, to order the Plaintiff
to pay the Defendant:
1. TWO MILLION PESOS (Php2,000,000.00) as moral damages;
2. TWO HUNDRED FIFTY THOUSAND PESOS (Php250,000.00) plus TWO
THOUSAND PESOS (Php2,000.00) for every hearing attended by
Defendants counsel as Attorneys fees;
3. The costs of this suit.
Other just and equitable reliefs are also prayed for.
Batangas City, 01 June 2015.
ESBATINP.RD
Counsel for Defendant
Attorneys Roll No.: 34768
IBP No.: 7625601/03/10
PTR No.: 9878201/03/03
MCLE Compliance No.: IV0001120

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Copy furnished:
CROIP.BLAN
Counsel for Plaintiff
123 Evangelista St.
Batangas City

EXPLANATION
Copy of the foregoing ANSWER was served to plaintiffs counsel by
registered mail due to time and distance constraints and for lack of the
undersigneds staff who can serve the same in person.

SEBASTIAN P. ARTADI

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING
I, FRIDA Y. CALAYAN, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am the plaintiff in the foregoing complaint;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true
and correct of my own personal knowledge, as well as true and correct
on the basis of authentic documents and records in my possession;
4. 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;
5. To the best of my knowledge and belief, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

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


filed or is 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 this Honorable Court.
IN WITNESS WHEREOF, I hereunto set my hand this 1 st day of June
2015 at Batangas City.
FRIDA Y. CALAYAN
Affiant

SUBSCRIBED AND SWORN TO before me this 1st day of June 2015


at Batangas City affiant having exhibited to me her drives lcn hwit number D02-618 issued on 15 February
2013 at Batangas City.

ESBATINP.RD
Counsel for Defendant
Attorneys Roll No.: 34768
IBP No.: 7625601/03/10
PTR No.: 9878201/03/03
MCLE Compliance No.: IV0001120
Doc. No. 10
Page No. 50
Book No. V
Series of 2015

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