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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT OF MANILA MANILA, BRANCH 2

JUAN CRUZ, Plaintiff; Civil Case No. 07-123456 --- versus ---FOR: SUM OF MONEY AND DAMAGES JOHN REYES, Defendant.

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ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM

COMES NOW the defendant by the undersigned counsel and in answer to plaintiffs complaint in the above-entitled case, respectfully alleges: 1. That he admits paragraphs 1 and 2 of the complaint; 2. That he is without knowledge or information to form a belief as to the truth of the averments made in paragraph 4 thereof; 3. That he DENIES specifically each and every material allegation in paragraphs 3, 5 and 6 of the complaint; and alleges that on March 1, 2012,the defendant went to the residence of the plaintiff to borrow a sum of money amounting to P600,000.00 only. The plaintiff went to his room and upon his return to the sala, he gave a white envelope to the defendant containing P600,000.00 only. The plaintiff told the defendant that he will be leaving for Los Angeles, California, USA, on March 3, 2012 and will be staying there until June 1, 2012. In this regard, the plaintiff told the defendant that he could pay his debt after June 1, 2012 or when he returns in the Philippines. However, defendant told plaintiff that he will be paying his debt on March 15, 2012 as he will be receiving the same amount from his debtor on that day. The plaintiff agreed and told the defendant that he could pay the loaned amount to the plaintiffs wife, Carla Cruz. Thereafter, the defendant executed a promissory note (attached as Annex 1) in favor of the plaintiff in the amount of P600,000.00 payable on or before March 15, 2012 which reads as follows:
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I, promise to pay Juan Cruz the sum of P600,000.00 on or before March 15, 2012. John Reyes 3/1/2012 4. And as SPECIAL AFFIRMATIVE DEFENSES, the defendant repleads all allegations in the foregoing paragraphs insofar as they are material thereto; and further alleges, that: a) The complaint failed to state a cause of action; b) The complaint should be dismissed because the obligation of the defendant to pay plaintiff has already been completely paid as shown by a receipt issued by plaintiffs wife, Carla Cruz, and that payment of the amount of P600,000.00 on March 15, 2012, at 7 pm to plaintiffs wife Carla Cruz at their conjugal residence. Copy of receipt of payment is hereto attached as Annex 2 which reads as follows: Amount received P600,000.00 by Carla Cruz from John Reyes 3/15/2012 c) The alleged promissory note exhibited by the plaintiff as Annex Ais a forged and fraudulent document as the true document is the promissory note attached therein and marked as Annex 1 executed by the defendant in the amount of P600,000.00; 5. By way of COUNTERCLAIM, due to the unwarranted and malicious act of the plaintiff in filing the complaint, the plaintiff should pay P30,000.00 as moral damages and to set an example to the public of plaintiffs wrongful act, the plaintiff should pay P 20,000.00 as exemplary damages. Likewise, the plaintiff should pay P20,000.00 as the defendant was compelled to file the instant action engaging the services of the undersigned counsel.

WHEREFORE, it is respectfully prayed that Judgment shall be rendered dismissing plaintiffs complaint for lack of merits and for plaintiff to pay P30,000.00 as moral damages; P20,000.00 as exemplary damages; and P20,000.00 for attorneys fees. Other relief and remedy which may be just and equitable are likewise prayed for. Manila, Philippines, April 5,2012.

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Karlo Reyes Counsel for Defendant th 25 Floor PS Bldg.Taft, Manila PTR No. 123456/Manila/1/10/2008 IBP No. 123456/Manila/1/20/2008 Roll of Attorneys No. 654321 MCLE Compliance No. 123456 1/3/2012 Tel No. 6561997 VERIFICATION I, John Reyes, of legal age, subscribing under oath, hereby depose and state that: 1. I am the defendant in the above-entitled case, and that I have caused the preparation of the foregoing Answer with Special Affirmative Defense and Counterclaim; 2. I have read the foregoing answer and the allegations therein are true and correct based on my own personal knowledge; 3. I attest to the authenticity and due execution of the annex thereto.

John Reyes Defendant

SUBSCRIBED and SWORN to before me this 5th day of April 2012, in Taft, Manila. The affiant exhibiting to me his SSS No. N26-01-11111 issued by Social Security System, on April 12, 2001 and Drivers License No. 87654321 issued on November 1, 2010 at Taft, Manila.

Atty. Don De Leon Notary Public for Manila #45 Burgos St., Taft, Manila Roll of Attorneys No. 12345 PTR No. 123456 01/10/08 IBP No. 56789123 01/28/02 MCLE Compliance No. 1-002746 1/3/2012

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Doc. No. 1 Page No. 2 Book No. 3 Series of 2011

Copy Furnished: Ira Santos Counsel for Plaintiff 2nd Floor, RC Bldg, Taft Manila Tel No. 123456

EXPLANATION : Copy of the foregoing Answer with Special Affirmative Defenses and Counterclaim is being served by registered mail to the plaintiffs address due to distance and lack of personnel.

KARLO REYES

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