Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
BRANCH 2
Borongan, Eastern Samar
MARAYMIL ALDE BABIDA, ET AL.,
represented by their mother
MILAGROS ALDE BABIDA,
Plaintiffs,
-v e r s u s-

CIVIL CASE No. 3842

For;
SUPPORT with
Support Pendente Lite

RAYMUNDO M. BABIDA,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - -x

ANSWER
WITH MOTION TO DISMISS
DEFENDANT, by himself, unto this Honorable Court respectfully avers:

ADMISSIONS
1. Defendant admits paragraphs 1, 2, 3, 4, and 11 and 11.1 (a to e) except
11.2 of the complaint.
2. Defendant admits paragraph 9 of the complaint, except the fact that his
average take home pay from January to June 2003 is P3,596.44 only, evidenced
by a certified true copy of his SALARY CARD1 for Year 2003.

NO PERSONAL KNOWLEDGE
3. For lack of knowledge or information to form a belief as to the truth
thereof, Defendant specifically denies paragraph 10 of the complaint.

SPECIFIC DENIALS
4. For the truth of the matter found in the Special and Affirmative
allegations and Defenses of this Answer, defendant specifically deny paragraphs
5, 6, 7 and 8 of the complaint.

SPECIAL AND AFFIRMATIVE ALLEGATIONS

1

Annex 1 LNHS Salary Card of Raymundo M. Babida for 2003

5. Defendant repleads and incorporates all the foregoing allegations, the

truth of the matter is stated hereunder.
6. On March 14, 2002 at about 4:00 PM, the defendant caught his wife in
an illicit relationship with her paramour Bernardo Biron in the sala of their house
while the kids were in school; the paramour was able to escape through the
window. The beatings she received, as evidenced by her Medico-Legal Report
dated March 15, 2002 (Annex B of complaint) was not the result of an alleged
minor argument but because she was caught by me in act of making love with
her paramour inside our house. Defendant did not file a case despite having
Been called a torotot by the community, nor did she, because the spouses
agreed to patch up our differences with each other for the sake of the children.
7. Defendants wife had left him with the kids in several occasions leaving
him for another man in 1987, in March 18, 2000 and in July 11, 2000.
8. On April 24, 2002, she decided to leave defendant, this time bringing
with her all their children. Leaving the defendant was only for the self-interest of
his wife, not for the good of the young children.
9. Defendant regularly sent financial support for his children after they
were brought by their mother to Borongan in April 2002, evidenced by the
application slips and senders copy issued by the Imperial Express Service
Corporation for May 13, 20022, May 25, 20023, June 26, 20024, July 22, 20025,
September 25, 20026, October 17, 20027, October 17, 20028, November 5, 20029,
November 19, 200210, December 18, 200211, January 21, 200312, February 11,
200313, March 18, 200314 and May 14, 200315.

Annex 2 -Imperial Express Service Corp. (IESC) Application Slip & Disbursement Report dated 5/13/02
for P2,300.00
3
Annex 3 IESC Application Slip dated 5/25/02 for P700.00
4
Annex 4- IESC Application Slip dated 6/26/02 for P700.00
5
Annex 5 IESC Application slip dated 7/22/02 for P1,000.00
6
Annex 6 IESC Disbursement Report dated 9/25/02 for P1,400.00
7
Annex 7 IESC Application Slip dated 10/17/02 for P500.00 for Mary Ann Babida
8
Annex 8 IESC Application Slip dated 10/17/02 for P500.00 for Maray Mill Babida
9
Annex 9 IESC Application Slip dated 11/05/02 for P2,500.00
10
Annex 10 IESC Application Slip dated 11/19/02 for P1,500.00
11
Annex 11 IESC Application Slip dated 12/18/02 for P1,500.00
12
Annex 12 IESC Application Slip dated 1/21/03 for P1,500.00
13
Annex 13 IESC Application Slip dated 2/14/03 for P2,000.00
14
Annex 14 IESC Application Slip dated 3/18/03 for P2,000.00
15
Annex 15 IESC Application Slip dated 5/14/03 for P2,500.00

SPECIAL AND AFFIRMATIVE DEFENSES

10. No earnest efforts towards a compromise have been made by the
plaintiffs in violation of the mandate under Article 222 of the Civil Code and Article
151 of the Family Code, in relation to Rule 16, Section 1 (j) of the 1997 Rules of
Civil Procedure that a condition precedent for filing the claim has not been
complied with.
11. The plaintiffs mother appears to be very busy with her love life that
she practically neglected the needs of the plaintiffs conducive to their proper
educational development.

The welfare of the plaintiffs demand that they be

committed to the custody of the defendant.

COUNTERCLAIM
12. Defendant repleads, adopts and incorporates by way of reference the
foregoing allegations of his answer.
13. Having been made to defend himself in an unfounded suit, the
defendant will be compelled to hire the services of a lawyer and shall be
obligated to pay attorneys fees in an amount to be agreed with the lawyer.
14. The filing of this baseless and clearly exaggerated suit upon the
insinuation of the plaintiffs mother had caused upon the defendant mental
anguish, besmirched reputation and wounded feelings for which plaintiffs mother
should be ordered to pay the defendant the amount of P50,000.00 in moral
damage.
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court that the complaint be dismissed and that the plaintiffs be
ordered to be placed in the custody of the defendant.
And on the counterclaim, defendant prays for judgment ordering the
plaintiffs mother to pay the defendant P50,000.00 in moral damage, attorneys
fees and to pay the cost of the suit.
Defendant further prays for other reliefs deemed equitable and just in the
premises.

Tacloban City for Borongan, Eastern Samar. July 17, 2003.

RAYMUNDO M. BABIDA
Defendant
Brgy. 43-A, Rizal Avenue Extension
Quarry District, Tacloban City

COPY FURNISHED/
With Explanation: (Reg. Mail with Return Card due to distance)
ATTY. ROLDAN GUIDO A. CAPITO
Counsel for the Plaintiffs
Public Attorneys Office
DOJ, Borongan, Eastern Samar

Republic of the Philippines )

Province of Leyte
) SS
City of Tacloban
)

VERIFICATION
I, RAYMUNDO M. BABIDA, of legal age, Filipino, married and a resident
of Tacloban City, after having been first sworn according to law, hereby state:
I am the defendant in the above-entitled case; I have caused the
preparation of the foregoing Answer; that I have read and understood therein and
that they are true and correct of my own knowledge and belief and based on
authentic documents.
RAYMUNDO M. BABIDA
SUBSCRIBED AND SWORN to before me this 17 July 2003 at Tacloban
City, Philippines.
Doc. No. ___
Page No. ___
Book No. XXXVI
SERIES OF 2003