Beruflich Dokumente
Kultur Dokumente
AMANDO S. ROBILLO
Complainant,
- versus -
JOSHUA D. CELDRAN
Respondent.
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ANSWER TO COMPLAINT
Admissions/Denials
1. That defendant admits the allegations in paragraph 2 regarding his personal
circumstances;
2. That defendant denies the first cause of action stated in the complaint of
the plaintiff Amando S. Robilio;
3. That defendant denies having been obligated to pay the plaintiff of the sum
of P1,000,000.00 as a loan on or before August 11, 2015 with the interest
rate at 12% per annum;
4. That defendant denies the execution of promissory note dated on August
11, 2014 attached as Annex A;
5. That defendant denies such loan to be used as an additional capital of his
buy and sell business of used cars;
6. That defendant denies disposing off his properties to defraud his creditors;
7. That defendant admits paragraph 9 of the complaint whereby the plaintiff
and the defendant entered into a loan agreement amounting to P300,000.00
which became due on December 15, 2014.
8. That plaintiff and defendant were good friends that made the former entrust
such amount to the latter;
9. That such loan shall be used as an additional capital to the car details
business of the defendant;
10.That such loan agreement was notarized and acknowledged by the
defendant and is hereto attached as Annex B;
11.That defendant denies receiving demand letters from the plaintiff on
October 15, 2015 and January 15, 2016 for the fulfilment of the
obligation/s;
Affirmative Defenses
12. That defendant reiterates, repleads and incorporates by reference all the
foregoing insofar as they are material and additionally submit that the
complaint should be dismissed because:
a. The complaint fails to state that the amount loaned was actually
demandable since the plaintiff agreed that defendant may pay the
amount loaned when he has the capacity to do so because of their
good relationship as friends;
b. The plaintiff has no cause of action to file the complaint since the
amount loaned was only amounting to P300,000.00 and not
demandable;
c. The first cause of action of the plaintiff has no weight since the
signature of the defendant was forged in the said promissory note
attached as Annex A.
Compulsory Counterclaims
Permissive Counterclaims
By way of permissive counterclaim, answering Defendant alleges:
1. That due to the good relationship of defendant to the plaintiff, the latter has
agreed to enter into a loan agreement whereby the defendant may pay the
said loan if he has already a capacity to do so after the lapsed of period in
the loan agreement;
2. That defendant and plaintiff had an oral agreement on the set up for which
the defendant will pay the existing obligation;
3. That after such oral agreement, they also entered into a contract whereby
they will both franchise Master Siomai as a business to earn more
capital;
4. That the said business will help defendant to gain income to settle all his
obligations.
DIANNE D. SALTO
Counsel for the Plaintiff
The Lawyers Lair
8 Araw St., SFDM., Quezon City
Attorneys Roll No. 30231
MCLE Compliance # 0015639
IBP # 768927 Manila 3
PTR # 11128705 Quezon, City
January 2, 2015
Copy Furnished:
Atty. Loise Almay Juguan
Counsel for the plaintiff
JOSHUA D. CELDRAN
Defendant
Doc. No.
Page No.
Book No.
Series of
385;
254;
13;
2016.
COPY FURNISHED:
AMANDO S. ROBILIO
13-D block, Carmela Homes, Fairview
Quezon City, Metro Manila
Philippines
PROOF OF SERVICE
Signature