Republic of the Philippines

REGIONAL TRIAL COURT

Branch 67, Laoag City

MR. PEDRO SANTOS,

Plaintiff, Civil Case No. 035682

- versus – For: Collection of Sum of Money

MR.JUAN TAMAD

Defendant

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ANSWER TO COMPLAINT

Defendant through counsel, by way of answer to plaintiff’s complaint,

respectfully states that:

Admission/Denials

1. The Defendant admits all the allegations contained in the paragraph 1 of the complaint
regarding his personal circumstances and to the allegations set forth in paragraph 3 and 4;

2. The Defendant does not have sufficient information or belief to enable him to answer
Paragraph 2, 5 and 6 and, on that ground, deny each and every allegation contained
therein;

3. The Defendant specifically denies the allegation in paragraph 2 of the complaint since
such allegations are maliciously false and meant only to unjustly enrich Plaintiff at
defendant’s expense. The truth is the principal obligation amounts to only Three Hundred
And Fifty Thousand Pesos (350,000.00), but due to unconscionable interests, as
Defendant much later on learned, the aggregate amount of indebtedness to be Eight
Hundred and Fifty Thousand Pesos (850,000.00), inclusive of the unconscionable
interest;

Special and Affirmative Defences

4. Sometime in March 2015, Defendant incurred an indebtedness of Three Hundred Fifty

Thousand Pesos (350,000.00) with Plaintiff;
4.1 Due to a close and long relationship with plaintiff, the defendant through oral agreement
with the plaintiff agreed not to include an interest on the money borrowed;

4.2 The Defendant discovered to his utter surprise upon receiving the demand letter given to
him that he owes the plaintiff Five Hundred Thousand Pesos (500,000.00) which is the
unpaid interest of the money which the Defendant borrowed.

4.3 The Defendant was perplexed that he has an indebtedness amounting to Five Hundred
Thousand Pesos despite the fact that he already paid the plaintiff the amount of Three
Hundred Fifty Thousand Pesos (350,000.00)

Counterclaim
5. Defendant additionally submits that he is entitled to relief arising from the filing of this
malicious and baseless suit as follow:
5.1 Moral Damages amounting to Fifty Thousand Pesos (50,000.00) because his name and
reputation were besmirched by this malicious and baseless suit.

REQUEST FOR RELIEF

Wherefore, Defendant prays as follows:

1. For dismissal of the Plaintiffs' action with prejudice;

2. For an order that Plaintiff shall take no relief from the complaint;
3. For Costs of the Suit, herein; and
4. For such further relief the Court deems fair.

Laoag City; September 30, 2015

Michaella J. Tumaneng
Counsel for Defendant
09168824081
 Republic of the Philippines
REGIONAL TRIAL COURT
Branch 67, Laoag City

MR. PEDRO SANTOS,

Plaintiff, Civil Case No. 035682

- versus – For: Collection of Sum of Money

MR.JUAN TAMAD

Defendant

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REPLY
Plaintiff through counsel, by way of reply to defendants answer, respectfully
states that:

1. The Plaintiff joins issue with the Defendant on paragraphs 1 and 4 of the
Defence save where the same consists of admissions.
2. Defendant’s allegations in Paragraphs 2 to 5 are denied.
3. In reply to paragraph 4.1, the plaintiff admitted that he had a close and long
relationship with the defendant but denies the defendants contention that
they agreed to not include an interest in the money borrowed by the
defendant.
3.1 The Plaintiff and Defendant through oral agreement agreed that the plaintiff
will lend the defendant Three Hundred Fifty thousand Pesos (350,000) and
because of their close relationship the plaintiff will give him a reasonable rate
of interest only.
Request for Relief

Wherefore, the Plaintiff RESPECTFULLY REQUEST that the Court grants what
he requested in the Complaint that he already filed in this case, and deny the
Defendant’s Counterclaim. The Plaintiff ALSO REQUEST THAT the Court awards
such other relief as it deems just and proper.

Laoag City; October 10, 2015

Michaella J. Tumaneng
Counsel for Defendant
09168824081