Answer to Complaint for

Damages with Preliminary

Attachment
(Cation Omitted)

ANSWER

COMES NOW the defendant Michelle Ann
Valenzuela, through the undersigned counsel
and in answer to plaintiffs complaint, unto
this Honorable Court respectfully alleges:
1. That defendant admits the averments in
paragraphs 1, 2, 3 and 4 of the complaint;
2. That defendant has received notice of
the estimated amount of Php.30,000.00
alleged by the plaintiff in paragraph 5 of the
complaint;

3. That defendant was away for
Kabangkalan, Negros Occidental, a fact she
has made known to the plaintiff during their
confrontation;
4. That defendant has received the
demand letters sent by the plaintiff dated 15
February 2013 and 01 March 2013;
5. That upon her return last 07 March
2013, the defendant consulted her mechanic
friend regarding the damages she caused the
plaintiff and was advised that the repair
would amount to Php.20,000.00;

6. That on 09 March 2013, the defendant
communicated with the plaintiff and
suggested that the car be fixed by her
mechanic friend but the plaintiff refused;
7. That defendant has no knowledge or
informantion sufficient to form a belief as to
the truth of the averments in paragraphs 11
and 12 of the complaint, therefore, hereby
denies the same.

SPECIAL AND AFFIRMATIVE DEFENSES

Defendant incorporates by way of
reference all the foregoing averments and
by way of special and affirmative defenses
further alleges:
1. That plaintiff has no cause of action
against the defendant; that when the
defendant entered into the indemnity
agreement with the plaintiff, she did so in
good faith;

2. That the plaintiff acted in bad faith
when she refused to accept the offer of
the defendant to have the car fixed by
her mechanic friend for a much lower
price.

COUNTERCLAIM

Defendant incorporates by way of
reference all the foregoing allegations and as
counterclaim avers:
1. That defendant on account of the filing
of this case and the preliminary attachment of
her property, she was compelled to engage
the services of counsel for a fee of
Php.20,000.00;

2. That defendant has suffered mental
anguish and anxiety on account of the filing
of this case, which may be assessed at
Php.30,000.00.
WHEREFORE, it is respecfully prayed
that after trial on the merits, this Honorable
Court dismiss plaintiffs complaint and render
judgment as prayed for in the defendants
counterclaim.

Iloilo City, Philippines, 20 March 2013.