Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
Carcar City, Cebu

XXXXXX LENDING INVESTORS,

Plaintiff,
Civil Case No. 930
-versus- For: Sum of Money
Damages and Attorney’s Fees
JUAN DELA CRUZ
Defendant.
X----------------------------/

ANSWER

COMES NOW Defendant JUAN DELA CEUZ, by and thru the undersigned counsel and
unto this Honorable Court, most respectfully submits this ANSWER and states:

1. That the allegations made under paragraphs 1.1 and 1.2 of the complaint are not
admitted for lack of knowledge sufficient to form a belief as to its truthfulness;

2. That paragraph 1.4 is partially admitted only as to the description of the subject
property;

3. That par. 1.5 and 1.6 is partially as to the execution of the said promissory note.
However, the truth of the matter is that defendant, who by reason of lack of education,
was not informed of the stipulations in the promissory note specifically the monthly
penalty charge and attorney’s fees in case of litigation and in fact, he was just requested
to affix his signature;

4. That paragraph 1.7 is partially admitted as to the execution of the said instrument by
defendant. But answering defendant, being an ordinary person with limited knowledge
on the English language and cannot understand the nature of contract, was not properly
explained as to its nature and consequence. Thus, the said contract is a unilateral one;

5. That paragraph 1.8 is admitted as to the fact that the defendant had an outstanding
balance of 23,000.00 for the reason that he undergone financial difficulties, considering
that he just met an accident last June 23, 2019 and was hospitalized and under
medication for a few months;

6. That paragraphs 1.9 and 1.10 are denied since the defendant did not receive any notices
from the plaintiff, both verbal and written. It was only recently when he received the
summons that he learned that the plaintiff filed this instant case against him for
collection of sum of money;

7. That paragraphs 2.1, 2.2, 2.3 and 2.4 are denied since these pertains to the stipulations
of the Promissory Note, which was not duly explained to the defendant;

8. That paragraphs 3.1 and 3.2 are denied since these pertains to the stipulations of the
Chattel Mortgage, which was not duly explained to the defendant;

9. That paragraph 4.1, 4.2 and 4.3 are likewise denied for the truth of the matter is that
answering defendant did not act in a whimsical and arbitrary manner to refuse to pay
his monthly obligations. The defendant was just suffering from financial difficulties and
did not have any intention to evade from paying his obligations to the plaintiff;
10. That paragraph 5.1 and 5.2 are likewise denied for lack of knowledge sufficient to form
a belief as to the truth of the material averment thereof and if plaintiff incurred
expenses, it is for their own account for filing this unwarranted complaint.

AND BY WAY OF

COUNTERCLAIM

11. That defendant reproduces and repleads the allegations in the previous paragraphs;

12. That in view of the filing of this oppressive and unwarranted complaint, the defendant
was morally shocked, uneasy and has no peace of mind due to worries, wounded
feelings and other similar injuries and which if quantified in monetary terms would
justify the award of moral damages in the amount of P 20,000.00.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court that after due

hearing, judgment be rendered, as follows:

1. That the instant complaint be dismissed for lack of merit;

2. That plaintiffs be ordered to pay damages of P 20,000.00 as moral damages; and

3. Such other reliefs and remedies consistent with the law, justice, and equity are
likewise prayed for.

Talisay City (for Carcar City), Cebu, Philippines, December 3, 2019.

By:

ATTY. MARIA TERESA

Public Attorney II
Roll of Attorneys No. 647364
IBP NO. 343434, JAN. 14, 2019, CEBU
MCLE Compliance No. V-0006320,
Valid until April 14, 2022

VERIFICATION

I, JUAN DELA CRUZ, of legal age, Filipino, married, and resident of Ylaya, Bolinawan,
Carcar City, Cebu, after having been duly sworn to in accordance with law, hereby
depose and say:

1. That I am the defendant in the above-entitled case;

2. That I caused the preparation of this Answer by my lawyer;

3. That I have read and understood the contents thereon;

4. That all the averments thereon are true and correct to the best of my personal
knowledge and belief.
 IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd day of December 2019,
at Talisay City (for Carcar City), Cebu, Philippines.

JUAN DELA CRUZ

Affiant
Driver’s License ID No. G09-15-002510

SUBSCRIBED AND SWORN to before me this 3 rd day of December 2019, at Cebu City
(for Carcar City), Cebu, Philippines. Affiant exhibited to me her PhilHealth ID as indicated
above.