Republic of the Philippines

REGIONAL TRIAL COURT of MISAMIS ORIENTAL

10th Judicial Region
Branch 13
Cagayan de Oro City

ATTY. CHESTER C. CASTAÑOS, Civil Case No.

Plaintiff, 088808880888
-versus-
For:
JUAN DELA CRUZ, Collection of Sum of Money,
Defendant.
Damages and Attorney’s
x- - - - - - - - - - - - - - - --- - - -- - - - - Fees
--- -/
ANSWER with AFFIRMATIVE DEFENSES AND COUNTER-CLAIMS
Defendant, through counsel, and unto this Most Honorable
Court, stating and most respectfully averring the following
Answer, thus:
1. The defendant received the Summons dated April 3,
2023 ordering the Defendant to file her Answer within
fifteen (15) days vis-a-vis the complaint filed by the
plaintiffs;
a. The summons was received by the defendant on April
5, 2023 and should have until April 20 to file his
Answer;
2. At the outset, all denials found herein are subject to the
defendant’s Affirmative Defenses and Counter-Claims, if
applicable;
3. To begin, paragraphs 1, 2 and 3 may be admitted;
4. Paragraphs 4, 5, and 6 are denied, the truth of which
are those set forth in our affirmative defenses;
5. Paragraph 7 is admitted;
6. Paragraphs 8, 9 and 10 is denied for lack of knowledge
or information sufficient to form a belief as to the
veracity or falsity thereof, the allegations therein being
matters known only to and are within the control of the
plaintiff.
AFFIRMATIVE DEFENSES
The complaint has no cause of action

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 7. On February 25, 2023, at 3 o’clock in the afternoon,
defendant called the plaintiff and requested that he will
only pay half of the borrowed amount or ₱500,000.00
and the balance will be paid on April 30, 2023 since he
has yet to received his share of proceeds from the sale
of his family’s parcel of land, to which the plaintiff
agreed;
8. On February 27, 2023, at 4pm, defendant sent a SMS
message to the plaintiff informing the latter that he had
the sum of ₱500,000.00 and he wanted to pay the
plaintiff as they have agreed through the phone call.
9. The defendant also sent another SMS message
reiterating their agreement that the balance will be paid
on April 30, 2023.
10. The plaintiff replied to the SMS message stating that
he will go to the defendant’s house on March 1, 2023 to
collect the payment;
(A screen shot of the SMS messages and the Affidavit of
Evidence is hereto attached as Exhibits “A” and “A.1”, and
made an integral part hereof.)
11. Defendant was surprised when on March 1, 2023,
plaintiff refused to accept the sum of ₱500,000.00 and
demanded the payment of the full amount of the loan;
12. Defendant had not heard from the plaintiff since then
until he received the summons from the court;
13. Defendant did not receive any demand letters from
the plaintiff;
14. Hence, plaintiff has no cause of action since he was
the one who broke the agreement made between the
parties and refused to accept partial payment of the
borrowed amount.
The damages prayed for in the
complaint have no bases and
are unsubstantiated.
15. If the plaintiffs have “suffered sleepless nights,
mental anguish, serious anxiety, anger, wounded
feelings and any similar injuries”, the same are not due
to the acts of the defendant;

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 16. How the plaintiff feel toward the defendant is not
actionable;
17. Likewise, exemplary damages cannot be claimed
either. The allegations are insufficient to prove malice,
bad faith, gross negligence or that the defendant acted
in a wanton, fraudulent, reckless, oppressive or
malevolent manner;
18. Lastly, as to the claim for attorney’s fees, the same
are uncalled for and are unreasonable. Further, the
plaintiff never annexed any receipt to prove any
payment of such fee;
COUNTER - CLAIMS
19. The present case has caused, and is still causing,
untold stress. The defendant is suffering from sleepless
nights, anxiety, fright and worries. An award for moral
damages is fitting and if it should be quantified, the
amount of P200,000.00 is respectfully prayed;
20. So as to discourage the public from using the Courts
for their personal motives and gain, like the plaintiffs
are doing, an Exemplary Damage must be adjudged
against them in the amount of P300,000.00;
21. Due to this unfounded claim, the defendant was
constrained to engage the services of a lawyer which
could probably cost her P50,000.00 as attorney’s fees
plus the appearance fees;
22. The plaintiff must also be adjudged to refund all the
expenses of this suit spent by the defendant;

IN COMPLIANCE WITH SECTION 6, RULE 7 OF THE AMENDED

RULES OF CIVIL PROCEDURE
23. The witness to be presented to prove the
respondent’s defenses and claims are:
a. The defendant himself. He will testify to substantiate
the averments in this Answer, including the defenses
and claims; identify the exhibits, if any; and other
relevant and related matters. His Judicial Affidavit is
also hereto attached, in support of the allegations
contained in this Answer;

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 In summary, he will testify that through a phone call
and in a text message, the plaintiff agreed to
received partial payment on March 1, 2023 and the
remaining balance to be paid on April 30, 2023. He
will also testify that he tried to pay the plaintiff the
amount on March 1, 2023 as agreed but plaintiff
refused to accept payment and demanded the
payment of the loan in full. He will also testify that he
did not receive any demand letter from the plaintiff.
He will also testify to prove damages on his part.
b. HEATHER SANTOS. She will testify to substantiate
some of the averments in this Answer, especially the
time when the defendant called the plaintiff and
when the parties met each other; She will also
corroborate the testimony of the respondent; She will
also testify on other relevant and related matters.
Her Judicial Affidavit is attached herein, in support of
some of the allegations contained in this Answer;
In summary, she will corroborate the testimony of the
defendant that the latter called and sent the message
asking for extension of the payment of the loan and
she was present when the plaintiff refused to accept
the payment made by the defendant to the plaintiff.
24. The documentary exhibits of the defendant to
support the allegations of this Answer are the following:
a. Exhibit “A” – Copy of the screen shot of the text
message.
b. Exhibit “A.1” – Affidavit of Evidence in accordance
with Section 1, Rule 9 of the Rules on Electronic
Evidence.
RELIEF
WHEREFORE, premises considered, it is most respectfully
prayed of this Most Honorable Court that the Complaint be
dismissed for lack of merit and basis and the affirmative
defenses and counter-claims be heard and granted.
Other relief and remedies just and equitable under the law
are likewise prayed for.
Respectfully submitted, April 12, 2023 Cagayan de Oro
City, Philippines.

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 HUGO DAVID T. ARCANE
PTR No. 8885553332 A/12-03-2020(for 2021)
IBP O.R. No. 33355588/ 10-07-2020(for 2021)
MCLE Compliance No. VI-00080833/04-14-2022
Roll No. 54917
PONYO AND ASSOCIATES LAW OFFICE
Ground Floor, Grand Central
Hayes Street, Cagayan de Oro City 9000
Tel. No. (0917) 888 8888 / Email add.:
ponyo&asso.lawoffice@gmail.com

COPY FURNISHED BY PERSONAL SERVICE:

Atty. Sheila May E. Tonido By: ________________

Cagayan de Oro City Date: ______________

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