REPUBLIC OF THE PHILIPPINES

SEVENTH JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
Branch II
Cebu City

MS. JENNIELOU DODAL,

Plaintiff,

-versus- CIVIL CASE NO.: 21880

For: Collection Sum of Money and
Damages

MR. LITO ANOBAN,

Defendant.

X ---------------------------------------- X

ANSWER WITH COUNTERCLAIM

Defendant, through the undersigned counsel, most respectfully files

their Answer in response to the complaint of the Plaintiff and
interpose as well as their counterclaim against the latter, to wit:

ADMISSIONS AND DENIALS

1. Paragraphs 1, 2, 3, 4, 5, 6, and 7 of the complaint are admitted.

2. Paragraph 8 is admitted insofar as the due date and interest
rate of the promissory note are concerned, but it is specifically
denied that the interest rate shall be reckoned from the date of
the Notice of Non-payment with Demand to Pay.
3. Paragraph 9 is admitted insofar as the receipt of the Notice of
Non-payment with demand to pay dated September 11, 2020,
but it is denied insofar as plaintiff alleges that the demand was
unheeded because defendant has promised to pay, and has in

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 fact made payment, at a later date as discussed in the
Affirmative Defenses below.
4. Paragraph 10 and 11 are specifically denied for the reasons
stated in the Affirmative Defenses below.
5. Paragraph 12 is admitted insofar as the receipt of the amount of
the loan obligation is concerned, including the stipulated rate of
interest, and the receipt of the demand letters dated September
18, 2020, September 24, 2020, and October 1, 2020.

6. Paragraph 13 is denied for lack of knowledge or information to

form a sufficient belief as to its truth or falsity.

AFFIRMATIVE AND SPECIAL DEFENSES

7. The Complaint filed by Plaintiffs is nothing but a malicious

lawsuit calculated to harass the Defendant, considering that full
payment of the principal amount of the loan has already been
paid.

Payment has been made by Defendant

8. On October 2, 2020, Defendant paid the debt by tendering the

amount of Three Hundred Thousand Pesos (₱300,000.00) to
plaintiff’s secretary, Maria Joy Fabriga, as evidenced by the
Acknowledgement Receipt duly signed by the latter, attached
herein, marked as Annex “1” and made an integral part hereto.

Interest should be reckoned from the date of the last extrajudicial

demand

9. The stipulated interest of 6% per annum upon default in the

Promissory Note should be reckoned from October 1, 2020 or
from the date of the last demand letter sent by the Plaintiff to
the Defendant and not from September 11, 2020 or from the
date of the Notice of Non-payment with demand to pay
pursuant to the ruling laid down by the Supreme Court in
Spouses Garcia vs. Northern Islands Co., Inc. GR No. 226495,
February 5, 2020.

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COUNTERCLAIM

10. Due to the malicious filing of this instant suit, Defendant

has been constrained to hire the services of the undersigned
counsel for an agreed amount of Fifty Thousand Pesos (PHP
50,000.00) and have suffered sleepless nights and besmirched
reputation which when quantified in monetary terms is in the
amount of One Hundred Fifty Thousand Pesos (PHP
150,000.00).

WITNESSES TO BE PRESENTED AND SUMMARY OF

TESTIMONY
11. To support the affirmative defenses, Defendant Lito
Anoban intends to present his direct testimony by way of
Judicial Affidavit, marked as Annex “2”.
12. Defendant intends to testify that the said loan obligation
has already been paid thru, Maria Joy Fabrega, the personal
secretary and the aunt of the plaintiff, on October 2, 2020 in
Unit 123, Emersons Building, Brgy. Kamagayan, Cebu City,
Cebu in the amount of Three Hundred Thousand Pesos
(₱300,000.00).
13. Defendant shall also testify that receipt of the loan
obligation is evidenced by the acknowledgement receipt
executed by Maria Joy Farbregas in the presence of Lito
Anoban dated October 2, 2020.

EVIDENCE IN SUPPORT OF THE AFFIRMATIVE DEFENSES AND

COUNTERCLAIM

14. In support to its affirmative defenses, Defendant intends

to present as its documentary evidence the Acknowledgement
receipt issued by the plaintiff’s secretary to the defendant
(Annex “1”) in order to prove that Plaintiff received from
Defendant the amount of Three Hundred Thousand Pesos
(₱300,000.00) as full payment of the loan extended on March
10, 2020.

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 15. Moreover, to support its counterclaim Defendant intends
to present as its documentary evidence his Medical Certificate
attached herein, marked as Annex “3”, and made an integral
part hereto, in order to prove his claim that he has suffered from
a Stress Induced Sleeping Disorder due to the malicious filing
of this present suit.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is respectfully
prayed that this Honorable Court render judgment as follows:
1. That the principal amount of Three Hundred Thousand Pesos
(₱300,000.00) be considered as already been fully paid.
2. That the reckoning point of the stipulated interest rate in the
Promissory Note be considered as of the date of the last
extrajudicial demand which was on October 1, 2020.
3. That the defendant’s counterclaim be granted, i.e., moral
damages of One Hundred Fifty Thousand Pesos (PHP
150,000.00), and Attorney’s fees of Fifty Thousand Pesos (PHP
50,000.00).
4. That plaintiff be ordered to pay the costs of suit.
5. Such other just and equitable reliefs as the Court may deem
proper.

Cebu City, October 8, 2020.

By:

ATTY. JAN LOUIS GAZO

Counsel for the Defendant
BBCORPS Law Office
Unit 15, 3/F AS Building, Gorordo Avenue,
Cebu City, Cebu;

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 IBP No. 126330-Lifetime Member;
PTR No. 0123678, February 14, 2020, Cebu City;
Roll of Attorneys No. 53218;
MCLE Compliance No. VII-0001254

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 ANNEX “1”

ACKNOWLEDGEMENT RECEIPT

October 2, 2020

Received from LITO ANOBAN of Unit 123, Emerson’s Building,

Brgy. Maribago, Lapu-Lapu City, Philippines, the amount of THREE
HUNDRED THOUSAND (P300,000.00) PESOS as FULL PAYMENT
of loan extended on March 10, 2020.

Received Full Payment:

MARIA JOY FABREGA

Secretary

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 ANNEX “2”
REPUBLIC OF THE PHILIPPINES
7TH JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
BRANCH II
CEBU CITY

MS. JENNIELOU DODAL, Defendant,

Plaintiff,

-versus-
CIVIL CASE NO.: 21880
FOR: Collection Sum of Money
MR. LITO ANOBAN, and Damages

x-----------------------------------------------/

JUDICIAL AFFIDAVIT
FOR THE DEFENDANT

MANIFESTATION: We are offering the testimony of the defendant,

Mr. Lito Anoban, to prove and establish that:

1. He is the defendant of this case;

2. The defendant has already paid P300,000 as his

obligation by delivering the same to the secretary of the
plaintiff;

3. The defendant has suffered damages due to the filing of

such complaint;

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 4. The other facts and claims in support of the defendant;
and

5. To identify the judicial affidavit of the petitioner including

all exhibits and respective sub markings attached
identified herein as to form part as his direct testimony.

-Preliminary Statement-

Atty. Jan Louis Gazo is interrogating me at his office at

BBCOPRS Law Office, Unit 15, 3/F AS Building, Gorordo Avenue,
Cebu City, Cebu in connection with Civil Case No. 21880 entitled
Jennielou Dodal vs. Lito Anoban, now pending before the Municipal
Trial Court Branch 2, Cebu City. I am answering his questions in
English in which I am conversant, fully conscious that I do under oath
and may face criminal liability for false testimony and perjury.

I, LITO ANOBAN, of legal age, single, Filipino, and resident of

Unit 123, Emerson’s Building, Brgy. Maribago, Lapu-Lapu City,
Philippines, after having been duly sworn to in accordance with law,
do hereby depose and state as response to the following questions:

1. Question (Q): Are you the defendant of this instant Petition for
collection of sum of money filed by Ms. Jennielou Dodal,
pending before the Municipal Trial Court of Cebu City?
Answer (A): Yes, Atty. I am the defendant.

2. Q: Do you know what you are doing right now?

A:Yes, Atty. I am answering your questions for my affidavit for
the civil case filed by Jennielou Dodal against me and which is
pending before the court.

3. Q: Before we start, do you swear to tell the truth and only the
truth before this Judicial Affidavit?
A:Yes, Attorney.

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4. Q: Do you understand that if you are found to be lying in this
procedure, you can be charged criminally for perjury?
A:Yes, I do understand.

5. Q: Mr. Witness, will you please state your name, age, and other
personal circumstances for the record?
A: I am Lito Anoban, of legal age, single, Filipino, and resident
of Unit 123, Emerson’s Building, Brgy. Maribago, Lapu-Lapu
City, Philippines.

6. Q: Do you know the Petitioner Jennielou Dodal?

A: Yes, I know Jennielou Dodal.

7. Q: How did you come to know Ms. Dodal?

A: Ms. Dodal and I were classmates in elementary and high
school.

8. Q: Did you obtain a loan from the Petitioner, Jennielou Dodal?

A: Yes, I obtained a loan from Jennielou Dodal.

9. Q:How much loan did you obtain from her?

A: I obtained P300,000 from her.

10. Q: When did you borrow money from her?

A: I obtained the loan last March 10, 2020.

11.Q: What was the reason that you obtained a loan from her?
A: I obtained a loan because I was going to invest it in
Organico Agribusiness Ventures.

12.Q: Was the loan secured?

A: Yes, the loan was secured by a promissory note wherein I
promised to pay the sum of P 300,000 on or before September
10, 2020.

13.Q: Were you able to pay your indebtedness on September 10,

2020?
A: No, I wasn't able to pay it on September 10, 2020 but
instead paid it on October 2, 2020.

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14.Q: To whom did you pay your obligation?
A: I paid it to the secretary of Ms. Jennielou Dodal.

15.Q: Who is the secretary of Ms. Dodal?

A: Ms. Maria Joy Fabrega is the secretary and aunt of Ms.
Dodal.

16.Q: Have you previously met Ms. Fabrega?

A: Yes, I have previously met her in many instances.

17.Q: When were these instances?

A: Whenever I transact with Ms. Dodal, she would always be
present. She is also the one who schedules the meetings I’ve
had with Ms. Dodal.

18.Q: Why did you pay such an amount to Ms. Fabrega and not to
Ms. Dodal?
A: I paid it to her because Ms. Dodal was not present at Unit
123, Emersons Building, Brgy. Kamagayan, Cebu City, Cebu
on October 2, 2020 and it was only Ms. Fabrega who was
present at that time. I was also in a lot of pressure to pay it
because she was sending me the demand letters. I was afraid
of any legal actions which would be filed against me. Hence, I
decided to just pay the amount to her secretary and aunt.

19.Q: Do you have any proof that you have paid your debt last
October 2, 2020?
A: Yes, I have in my possession an acknowledgement receipt
executed by secretary, Ms. Maria Joy Fabrega, acknowledging
her receipt of the P 300,000.00.

20.Q: If that acknowledgement receipt be shown to you, will you

be able to identify it?
A: Yes, I will be able to identify that acknowledgement receipt.

21.Q: Showing to you this original Acknowledgment Receipt

issued and signed by Maria Joy Fabrega dated October 2,

10
 2020, is this the Acknowledgement Receipt you were referring
to, Mr. Defendant?
A: Yes, Atty. That is the Acknowledgement Receipt I was
referring to.

MANIFESTATION: We request that the original Acknowledgement

Receipt issued by Ms. Fabrega dated October 2, 2020 identified by
the witness be marked as part of our evidence as Exhibit “1”.

22.Q: After you paid that amount, have you made any attempt to
inform Ms. Dodal that you already paid it through her secretary?
A: No, I have not made any attempt.

23.Q: Why have you not made such an attempt?

A: It is because I just assumed that her secretary and aunt, Ms.
Fabrega, would be the one to inform her. I also felt secured that
by issuing the acknowledgement receipt, there would be no
more problems.

24.Q: When you failed to pay your indebtedness on September 10,

2020, what did petitioner Jennielou Dodal do in relation to such
failure?
A: She sent me three demand letters. The first 2 demand letters
were received by me on September 18 and 24, 2020
respectively. For the third and last demand letter, I received it
on October 1, 2020.

25.Q: Did you answer the demand letters?

A: Yes, I did not disregard the demand as claimed by the
petitioner for I promised to pay, and has in fact made payment
on October 2, 2020.

26.Q: With the filing of this suit for collection of sum of money filed
against you, did it affect you?
A: Yes, it did affect me.

27.Q. In what way did it affect you?

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 A: I am now constrained to hire the services of my counsel to
defend my right. I have also suffered sleepless nights and a
bersmisched reputation with the filing of this case.

28.Q: What are the terms of your agreement as to the

compensation of your counsel?
A: We agreed that I shall pay fifty thousand pesos (P50,000) in
exchange for his legal services. Hence, I am asking Ms. Dodal
to pay for such attorney’s fees.

29.Q: You said that you suffered sleepless nights with the filing of
the case. What do you mean by that?
A: I have insomnia. Most of the time I am still awake even at
the first break of dawn. There are times when I have not slept in
48 hours. I have tried some remedies to help me with this
problem. Even though I drink warm milk at night, I am still
unable to sleep.

30.Q: Have you sought any medical intervention on your

insomnia?
A: Yes, I did. I actually went to my doctor, Dr. Mauia S. Yu, for
a consultation on my insomnia and I was prescribed Dilaudid
for it. He also issued me a Medical Certificate.

31.Q: If that Medical Certificate is shown to you, will you be able to

identify it?
A: Yes, I would be able to identify that medical certificate.

32.Q: Showing to you this original Medical Certificate issued by Dr.

Mauia S. Yu with date of examination on October 23, 2020, is
this the certificate you were referring to, Mr. Defendant?
A: Yes, that is the medical certificate I was referring to.

MANIFESTATION: We request that the original Medical Certificate

issued by Dr. Yu with date of examination on October 23, 2020
identified by the witness be marked as part of our evidence as
Exhibit “2”.

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 33.Q: As to bermirsched reputation, what do you mean by that?
A: My so-called friends have now shunned me and refused to
see me because Ms. Dodal told them that I refused to pay my
debt. In fact, whenever I go out of our house, I could see my
neighbors point at me and whisper that I am a “welcher” or “Lito
Anutang”. I have been called worse, but this actually hurts more
because this is absolutely false and not ground on any
semblance of truth.

34.Q: As to your sleepless nights and besmirched reputation, what

do you want to do about it?
A: I want to ask for monetary compensation.

35.Q: How much do you ask for monetary compensation?

A: I am asking for one hundred fifty thousand pesos (P150,000)
as moral damages for such sleepless nights and a bermirsched
reputation.

36.Q: Under your oath, do you affirm and confirm the truthfulness,
accuracy and veracity of this affidavit you executed and
everything you answered and mentioned above, Mr.
Defendant?
A: Yes, Atty. I affirm and confirm to the truthfulness, accuracy
and veracity of this affidavit that I executed.

37.Q: Are you willing to sign this affidavit?

A: Yes, I am willing to sign this affidavit.

-------END OF STATEMENT---------

IN WITNESS WHEREOF, I have hereunto set my hand below

this 4th day of November 2020 at BBCORPS Law Office, Unit 15, 3/F
AS Building, Gorordo Avenue, Cebu City, Cebu, Philippines.

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 LITO ANOBAN
Affiant

SUBSCRIBED AND SWORN TO before me, a notary public

this 4th day of November 2020 at BBCORPS Law Office, Unit 15, 3/F
AS Building, Gorordo Avenue, Cebu City, Cebu. Further, I certify that
I personally examined the herein affiant who voluntarily signed the
foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument.

JAN LOUIS GAZO

Counsel for the Defendant
IBP No. 126330-Lifetime Member;
PTR No. 0123678, February 14, 2020, Cebu City;
Roll of Attorneys No. 53218;
MCLE Compliance No. VII-0001254
BBCORPS Law Office
Unit 15, 3/F AS Building,
Gorordo Avenue, Cebu City, Cebu

Doc No.: 26
Page No.: 17
Book No.: V
Series of 2020

14
REPUBLIC OF THE PHILIPPINES)
CEBU CITY, CEBU) S.S.

-ATTESTATION-

I, JAN LOUIS GAZO, of legal age, Filipino, with office address

at BBCORPS Law Office, Unit 15, 3/F AS Building, Gorordo Avenue,
Cebu City. after being duly sworn depose and say:

1. I was the one who conducted the examination of

defendant Lito Anuban at my aforementioned office at
BBCORPS Law Office, Unit 15, 3/F AS Building, Gorordo
Avenue, Cebu City, Philippines.

2. I have faithfully recorded or caused to be recorded

the questions I asked and the corresponding answer that
the defendant gave;

3. I nor any other person then present or assisting him

coached the defendant regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 4th

day of November 2020 at Cebu City, Cebu Philippines.

JAN LOUIS GAZO

Affiant

SUBSCRIBED AND SWORN TO before me, a notary public

this 4th day of November 2020 at BBCORPS Law Office, Unit 15, 3/F
AS Building, Gorordo Avenue, Cebu City, Philippines. Further, I

15
certify that I personally examined the herein affiant who voluntarily
signed the foregoing instrument before me and avowed under penalty
of law to the whole truth of the contents of said instrument.

ATTY. ARNOLD UY
Notary Public for Cebu City
Notarial Commission No. 123
Until December 31, 2020
BBCORPS Law Office, Unit 15,
3/F AS Building,
Gorordo Avenue, Cebu City
Roll No. 45118; 04/20/2010
IBP No. 152780; 01/10/2020 - Cebu City
PTR No. 1164331; 01/13/2020- Cebu City
MCLE Compliance No. VI-776910; 08/11/2019
Telephone No. (032) 212-9972
E-mail Address: arnolduy@gmail.com

Doc No.: 15
Page No.: 28
Book No.: IX
Series of 2020

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 EXHIBIT “1”
ACKNOWLEDGEMENT RECEIPT

October 2, 2020

Received from LITO ANOBAN of Unit 123, Emerson’s Building,

Brgy. Maribago, Lapu-Lapu City, Philippines, the amount of THREE
HUNDRED THOUSAND (P300,000.00) PESOS as FULL PAYMENT
of loan extended on March 10, 2020.

Received Full Payment:

MARIA JOY FABREGA

Secretary

17
EXHIBIT “2”

18
ANNEX “3”

19