Republic of the Philippines

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 41
Bacolod City

THIRSTY R US, as represented

by ALEX C. SOLEDAD, in his capacity
as President
Plaintiff,

- versus - Civil Case No. 1848-04

For: Collection for a Sum of
Money
PRECIOSO E. DIMAUHAW
and BERTA D. MASAGANA
Defendants
x- - - - - - - - - - - - - - – – - - - - - - - - - ----x
ANSWER
COMES NOW the Defendants, by the undersigned counsel, and in answer to
Plaintiff's complaint, respectfully alleges:

ADMISSIONS AND DENIALS

1. That Defendants admits paragraphs one (1), two (2), three (3), and four
(4) of the Complaint.

2. Paragraphs five (5) and six (6) is specifically denied insofar as it alleges
that the defendants failed to pay the sum of money, the truth being
those alleged in the special and affirmative defenses part herein below;

SPECIAL AND AFFIRMATIVE DEFENSES

1. That Defendants tendered their series of payments before November 14,
2018, amounting to THREE HUNDRED NINETY THOUSAND PESOS
(P390,000.00) to the Plaintiff’s accounting office as received by their
head accounting officer, Mr. Vicente G. Abad, attached herein, marked
as Annex “A”, “B”, and “C”.

2. That Defendants admits they have received Plaintiff’s demand letter in

Paragraph seven (7) but responded through a letter, dating November

1 | Answer – BT v. ED
 24, 2018, averring that the remaining balance is only FORTY EIGHT
THOUSAND FIVE HUNDRED FORTY SIX PESOS and 88/100
(P48,546.88 ) not FOUR HUNDRED THIRTY EIGHT THOUSAND FIVE
HUNDRED FORTY SIX PESOS and 88/100 (P438,546.88) as the
Plaintiff alleges. Copy of the letter is attached herein, marked as Annex
“D”.

3. That Defendants was not able to receive any objections on their reply to
the Plaintiff’s demand letter and had a reason to believe that there no
more exists any issue on the Defendant’s Outstanding Balance and
tendered their payment of FORTY EIGHT THOUSAND FIVE HUNDRED
FORTY SIX PESOS and 88/100 (P48,546.88)on November 26, 2018.
Copy of cash receipt is hereto attached as Annex “E”

4. To this date, the Defendants have no remaining credit to the Plaintiff as

the same have already been paid, the truth being those alleged in the
preceding paragraphs.

COMPULSARY COUNTERCLAIM
1. By reason of the abuse of right committed by the plaintiff and by reason of
the instant precipitate and unfounded suit, the defendant was constrained to hire
the services of a lawyer to defend his rights and interests for a professional fee of
Twenty-Thousand Pesos (₱100,000.00) and Three Thousand Pesos(₱3,000.00) per
court appearance;

2. Similarly, the plaintiff’s unfounded suit has caused the defendant mental
anguish, wounded feelings, sleepless nights, serious anxieties, and other similar
sufferings for which the defendant claims moral damages of One Hundred Thousand
Pesos (₱100,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED,it is respectfully prayed to this

Honorable Court the dismissal of the complaint for lack of cause of action with costs
against the plaintiff; and that the defendant’s compulsory counterclaim be granted,
i.e.,moral damages of One Hundred Thousand Pesos (₱100,000.00), attorney’s fees
of Twenty-Thousand Pesos (₱20,000.00), and Three Thousand Pesos (₱3,000.00)
per court appearance and costs of suit.

Other reliefs just and equitable under the premises are likewise prayed for.

Bacolod City, Philippines, January 18, 2019.

2 | Answer – BT v. ED
 ATTY. CHERRY ANN MARIE G. MARTIR
Counsel for Defendants
ABASTILLAS, MARTIR LAW OFFICES
7th Floor, MT3 Building, Lacson Street,
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Bacolod City
IBP NO. 123456, 01/04/14, Bacolod City
MCLE Comp. No. IV-0009876, 01/02/14

3 | Answer – BT v. ED
REPUBLIC OF THE PHILIPPINES)
CITY OF BACOLOD ) SS.
x----------------------------x

VERIFICATION AND CERTIFICATION

We, PRECIOSO E. DIMAUHAW and BERTA D. MASAGANA, both of legal age, Filipino, single,
and residents of Bonita Compound, San Juan Street, Brgy. Banago, Bacolod City, Philippines;
after being sworn in accordance with law, hereby depose and say:

1. That we are the defendants in the above-stated case;

2. That we have caused the preparation and filing of the foregoing Answer and have
read the allegations therein, and that they are true and correct of my personal knowledge and belief
and based on authentic documents;

3. That we have not commenced any other action or proceeding involving the same
issues before the Supreme Court, Court of Appeals or any other tribunal or agency and, to the best
of my knowledge, there is no such action or proceeding pending before any tribunal;

4. If we should learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, Court of Appeals or any other tribunal or agency, we undertake to report
that fact within five (5) days therefrom to this Honorable Court

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of January 2019 at
Bacolod City, Philippines.

BERTA D. MASAGANA PRECIOSO E. DIMAUHAW

Affiant Affiant
TIN 98765-003; Bacolod City TIN 98765-003; Bacolod City

SUBSCRIBED AND SWORN to before me, this 6th day of December 2014, affiant exhibiting
to me his Tax Identification Card as shown above below his name as competent evidence of his
identity.

ATTY. CHERRY ANN MARIE G. MARTIR

Counsel for Defendants
ABASTILLAS, MARTIR LAW OFFICES
7th Floor, MT3 Building, Lacson Street,
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Bacolod City
IBP NO. 123456, 01/04/14, Bacolod City
MCLE Comp. No. IV-0009876, 01/02/14

4 | Answer – BT v. ED
Doc. No. 5;
Page No. 2;
Book No. 1;
Series of 2014;

EXPLANATION
A copy of this ANSWER was sent to the Plaintiff and his Counsel through
registered mail as personal service is impracticable.

CHERRY ANN MARIE G. MARTIR.

5 | Answer – BT v. ED