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Republic of the Philippines Ninth Judicial Region REGIONAL TRIAL COURT Branch 22 Pagadian City In the matter of Paternity

Recognition And Support to Minor Diana B. Manuel, Represented by Denise B. Manuel, Petitioner, -versusRecognition and Support John B. Flores Respondent. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x AMENDED ANSWER WITH COUNTERCLAIMS COMES NOW, the respondent, through the undersigned counsel, unto this Honorable Court, most respectfully states and avers THAT: 1. Respondent admits the allegations contained in paragraphs 1, 3, 4 and 6 of the petition; 2. Respondent regrets that he has no knowledge or information sufficient to form a belief as to the allegations contained in paragraph 2 that he has a child with the petitioner; 3. Respondent specifically denies the allegations contained in paragraph 5 of the petition that accordingly That sometime on January 2009, the petitioner was two (2) months pregnant when she left the dwelling house of the respondent, for the truth of the matter is that, herein defendant went abroad on October 25, 2008 and only came back on February 01, 2009, as evidenced by the plane tickets and airport stamps indicating the departure and arrival of respondent from Manila to Boston, Massachusetts and vice versa, copies are herein attached and marked as ANNEX A and ANNEX B, respectively. 4. The said absence of the respondent made it impossible for the petitioner and the latter to have sexual intercourse which led to her pregnancy two (2) months before January 2009 when she left the house of the respondent;
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Civil Case No. 12345 Petitioner for

5. Respondent regrets that he has no knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 7, 8 and 9, therefore, denies the same since the petitioner and respondent had never met nor communicated again in any manner known to mankind the moment the respondent went abroad on October 25, 2008; 6. Herein respondent present a DNA (Deoxyribonucleic Acid) Test Report which shows the exclusion of the respondent from paternity to the minor Diana B. Manuel, a copy is herein attached as Annex C and made an integral part of the Answer; 7. As the provided in Art. 166 (1)(b), Family Code of the Philippines, Legitimacy of a child may be impugned only on the following grounds: (1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a) xxx (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or (c) xxx 8. The Rule on DNA Evidence sec. 9 (c), expressly provides that DNA results that excludes the putative parent from paternity shall be conclusive proof of nonpaternity;

COMPULSORY COUNTERCLAIMS

9. As a consequence of the malicious and wrongful filing of this entire baseless and unjustified action which is clearly motivated on the petitioners desire to exact monetary gains from the respondent, the latter suffers serious anxieties, sleepless nights, wounded feelings and besmirched reputation. By these, justice demands that petitioner should be held liable to pay the respondent the sum of P100,000.00, by way of moral damages; 10. Petitioners malevolent conduct in the filing of the instant mockery has constrained the respondent to engage the services of counsel for the protection of his right and interest, exposing respondent to pay an attorneys fee in the sum of P50,000.00, in addition to the sum of P3,000.00 for the lawyers each and every appearance in court, and further exposing
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respondent to other litigation and related expenses. By these, justice demands that petitioner should be held liable to pay the respondent the sum of P100,000.00, by way of attorneys fee, litigation and related expenses. PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that the Petition be forthwith dismissed based on the grounds cited therein; and after hearing respondents compulsory claim, judgment shall be forthwith rendered ordering the petitioner to pay defendant the following sum, viz: a. P100,000.00, by way of moral damages; b. P100,000.00, by way of attorneys fees, litigation and other related expenses; and to pay the cost of litigation; and,

The Respondent likewise prayed for other relief and whatever remedies, just and equitable under the premises.

Respectfully submitted. July 19, 2013, Pagadian City, Philippines.

ATTY. DAVE L. CANUMHAY Notary Public MCLE Compliance No.: 1234 Commission Expires On: Dec. 2016 PTR No.: 12345 Doc. No.: 12 Page No.: 12 Book No.: 12 Series of 2013

VERIFICATION REPUBLIC OF THE PHILIPPINES) City of Pagadian )S.S. x------------- ----------/ 1. That I am the Respondent in the above-entitled case; 2. That I have caused the preparation of this Answer with Compulsory Counterclaims; 3. That I am executing this verified statement for the very purpose of denying under pains of perjury the authenticity and due execution of the documents attached and marked as Annex A, Annex B, and Annex C respectively and for whatever purpose/s this may serve best. IN WITNESS WHEREOF, I hereunto, affixed my signature this 19th day of July 2013 at Pagadian City, Philippines. JOHN B. FLORES Affiant

SUBSCRIBED AND SWORN TO before me this 19th day of July 2013, at Pagadian City, Philippines.

ATTY. DAVE L. CANUMHAY Notary Public MCLE Compliance No.: 1234 Commission Expires On: Dec. 2016 PTR No.: 12345 Doc. No.: 12 Page No.: 12 Book No.: 12 Series of 2013

CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES) City of Pagadian )S.S. x------------- ----------/ I, JOHN B. FLORES, of legal age, Filipino, single, and a resident of Banale, Pagadian City, Zamboanga del Sur, Philippines, after being sworn in accordance with law, hereby depose and certify that: I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is pending therein; if I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasijudicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of July 2013 at Pagadian City, Philippines.

JOHN B. FLORES Affiant

SUBCRIBED AND SWORN TO before me, this 19th day of July 2013, by John B. Flores, who exhibited to me his Social Security System ID with No. 34-1286637-6.

ATTY. DAVE L. CANUMHAY Notary Public MCLE Compliance No.: 1234 Commission Expires On: Dec. 2016 PTR No.: 12345 Doc. No.: 12 Page No.: 12 Book No.: 12 Series of 2013

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