You are on page 1of 6

1

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
CITY OF MALOLOS, BULACAN

ARCHELLIE M. RECINTO
Plaintiff,
-versus-

Civil Case No.12345


Collection of Sum of
Money and Damages

EDJAY M. AGUINALDO,
Defendant.
x------------------------------------------x
ANSWER
COMES
counsel,

NOW

Defendant,

and

to

this

through

the

Honorable

undersigned
Court,

most

respectfully avers:
1.That he admits the contents of Paragraph 2 only
insofar

as

personal

circumstances

are

concerned;
2.That he admits the veracity of Paragraph 3 and
4 stating the loan perfected by the defendant
and the plaintiff on August 8, 2012 and the
manner of Payment;

3.That he admits his obligation of paying the


monthly installments cited in Paragraph 4 of
the Complaint;
4.That he denies the rest of allegations stated
in Paragraph 5 as said records relied by the
Plaintiff is not reliable as the allegation of
paying

only

the

contrary

to

defendant

(Annex

first

the

two

records
A),

installments
handled

stating

by

that

is
the

he

had

completed the first twelve installments;


4. That the defendant admits the failure of nonpayment of the succeeding installments but said
failure was consented by the Plaintiff as the
defendant

consulted

her

first

of

the

said

inconsistencies, and therefore agreed by her


(Annex B);
5. That the defendant is without knowledge or
information sufficient to form a belief as to
the veracity of the averments in Paragraph 6 of
the complaint;
6. That the defendant invokes the Doctrine of
Scienti et volenti non fit injuria (a person
who knowledgeably consents to the legal wrong
has no legal right) and Damnum absque injuria
(harm without injury).
7. Defendant alleges that the granting of the
Plaintiffs

demand

in

the

complaint

would

result to unjust enrichment as the plaintiff

would receive more money than he is entitled to


receive.
8. Defendant alleges that plaintiff or the person
or entity that assigned the alleged claim to
the plaintiff is not entitled to reimbursement
of Attorneys Fees because the alleged contract
did not include such a provision and somehow
excessive as for what the law limits otherwise.
PRAYER
WHEREFORE,

the

defendant

respectfully

prays

that the complaint be dismissed with costs against


the Plaintiff.
Likewise, the defendant, due to the filing of
the

Plaintiff

of

blatantly

groundless

complaint,

defendant has suffered sleepless nights, besmirched


reputation

and

mental

anguish,

for

which

the

plaintiff should be liable to pay the former

75,000 by way of moral damages.


Furthermore,

defendant

were

hauled

into

lawsuit and were constrained to engage the service


of a counsel, in the amount of

P 20,0000.00

as acceptance fees and P 1,000.00 as appearance


fees, for which plaintiff have to be made liable.
Other relief and remedies as maybe deemed just
and

equitable

under

the

premises

are

prayed for.
City of Malolos, December 12, 2014.

likewise

JAYDE NALDOGUIA
Law Office
Counsel For Defendant
Room 403 Se Jo Tong Bldg.,
808 Ongpin St., Sta. Cruz, Manila
By:
JAYDE NALDOGUIA
IBP Life Roll No. 00360;Pasig City
PTR No.0053531; 1-7-99;Pasig City

REPUBLIC OF THE PHILIPPINES)


CITY OF Malolos)

SS

VERIFICATION AND CERTIFICATION OF NON-FORUM


SHOPPING
I, EDJAY M. AGUINALDO, of legal age, after having
been duly sworn in accordance with law, depose and
state that:
1. I am a defendant in the above-stated case;
2.

caused

the

preparation

of

the

foregoing

answer;
3. I have read the contents thereof and the facts
stated therein are true and correct of my personal

knowledge

and/or

on

the

basis

of

copies

of

action

or

documents and records in my possession;


4.

have

not

commenced

any

other

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;
6.

If

should

thereafter

learn

that

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.

___________________________
EDJAY M. AGUINALDO
Affiant

SUBSCRIBED AND SWORN to before me this 12 th day


of December 2014 at Malolos City, Bulacan, affiant
exhibiting

to

me

his

Community

Tax

Certificate

No.143431 issued on December 4, 2014 at Malolos

City,

Doc. No. 2015-001


Page No. 2015-001
Book No. 43
Series of 2014.

Bulacan.

You might also like