REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT Branch 1 City of Quezon

MR. MALLY VOGUE Plaintiff, -VersusCriminal Case No. 1 For: Qualified Theft

MR. ARMANDO BACLAYAN Defendant. x------------------------------------------x

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM

NOW COMES, the defendant in the above entitled case, and to this Honorable Court most respectfully alleges: 1. That the defendant admits the averment in paragraphs 1,2,3,5,6,7,8, and 11 of the complaint. That (1) Plaintiff is of legal age and businessman and lives in the mentioned address in the complaint, and the HR manager of Awesome Surveillance & Security Stuff (ASSS), (2) That the defendant is also of legal age and a sales coordinator of ASSS. (3) That defendant the defendant failed to remit the money on the report to work order and the receipt of payment from Mr. Xavier. (4) That as a sales coordinator he is an important member of the company and regarding the previous case of appropriation condoned by company was agreed to be deducted from his salary. 2. That the defendant denies the averment in paragraph 4 of the complaint. That the plaintiff had an agreement with the defendant to receive money in behalf of ASSS, though he avers that he had been given responsibility for the two (2) projects as evidenced in Annex C and D but, never did he have a personal agreement with the plaintiff.

3. That the defendant strongly denies that he received the notice mentioned in paragraph 9 of the complaint. 4. The defendant denies the allegation of the plaintiff that the ground for the criminal action filed was the letter acknowledging the mistake sent by the defendant, as implied in paragraph 11 and 12 of the complaint, when such letter was sent to the HR department of the corporation after the first instance of appropriation of the money by the defendant, which is before his prolonged absence. By way of special and affirmative defenses, defendant avers: 1. That he is in possession of the money and failed to remit the dues. 2. That the defendant has no intention of not remitting the money demanded; and has no intention of abusing the confidence reposed to him as a sales coordinator of ASSS. 3. That the defendants prolonged absence was due to the fact that he has to urgently attend to his ailing grandmother in the province of Cagayan, and that the place was so remote, and to that effect communication was almost impossible. 4. That the defendant ran out of money due to the medical expenses of his ailing grandmother and has to sojourn and do odd jobs there for a while in order to raise money to return to Manila, instead of just using the company money he is in possession of. By way of counterclaim, defendant alleges: 1. That by virtue of this unwarranted act initiated by the plaintiff, the defendant was forced to contract the services of counsel in the sum of P 20,000.00. 2. That there were no sufficient grounds for termination of due to the fact that he was not given any notice to explain his failure to remit said money. 3. That the complaint cannot prosper since its sine qua non element to wit, the grave abuse of confidence and intent to gain is absent, and that the plaintiff based his allegations upon unfounded fears.
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WHEREFORE, it is respectfully prayed that the complaint be dismissed and Defendant be awarded the amount of P50, 000.00

Other equitable reliefs are likewise prayed for.

City of Quezon, Philippines, 18th of July, 2013.

ATTY. JEREKKO A. CADORNA Attorney for the Defendant P.T.R. No. 6969 January 1, 2013 Manila IBP O.R. No. 7769 January 1, 2013 Manila

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VERIFICATION I Armando Baclayan, subscribing under oath, hereby deposes and states that: I am the defendant in the instant case. I have read the foregoing answer and the allegations therein are true and correct of my own knowledge and/or based on the records on hand.

____________________ Armando Baclayan Defendant

JURAT

SUBSCRIBED AND SWORN to me, in the City of Quezon this 18th day of July, 2013 by, Armando Baclayan with Community Tax Certificate No. 199212 issued at Quezon City on March 1, 2012

NOTARY PUBLIC My Commission expires Dec. 31, 2013 IBP No. 7969, 1/2/2013, Quezon City P.T.R. No.7770, 2/2/213, Quezon City

Doc. No._____; Page No._____; Book No._____; Series of 20____.

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