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-versus- CIVIL CASE NO. TAL-12342 defendant Pedro Palautang through the undersigned counsel, respectfully file his answer in response to the complaint of the plaintiff. He admits that on the 20 th of May 2013, the defendant entered into a loan in the amount of Php100,000 with the complainant, Mr. Tigpatanto. However, he denies that the defendant still has an outstanding balance amounting to Php36, 000 paid for 3
-versus- CIVIL CASE NO. TAL-12342 defendant Pedro Palautang through the undersigned counsel, respectfully file his answer in response to the complaint of the plaintiff. He admits that on the 20 th of May 2013, the defendant entered into a loan in the amount of Php100,000 with the complainant, Mr. Tigpatanto. However, he denies that the defendant still has an outstanding balance amounting to Php36, 000 paid for 3
-versus- CIVIL CASE NO. TAL-12342 defendant Pedro Palautang through the undersigned counsel, respectfully file his answer in response to the complaint of the plaintiff. He admits that on the 20 th of May 2013, the defendant entered into a loan in the amount of Php100,000 with the complainant, Mr. Tigpatanto. However, he denies that the defendant still has an outstanding balance amounting to Php36, 000 paid for 3
-versus- CIVIL CASE NO. TAL-12342 For: Collection of a Sum of Money
PEDRO PALAUTANG Defendant. x----------------------------------------/
ANSWER WITH COUNTERCLAIM
Comes now the defendant Pedro Palautang through the undersigned counsel, respectfully file his answer in response to the complaint of the plaintiff and interpose as well as his counterclaim against the latter, to wit:
ADMISSIONS / DENIALS
That defendant, Mr. Palautang respectfully alleges the following:
1. He admits that on the 20 th of May 2013, the defendant entered into a loan in the amount of Php100,000 with the complainant, Mr. Tigpatanto. That the said loan is made payable in installments for the period of 10 months with 2% interest per month.
2. He admits that the ATM of the defendant was left in the custody of the plaintiff as a form of security for the said loan on the 20th of May 2013.
3. Admitted in part that the promissory note remained in the possession of the complainant but denies that the defendant still has an outstanding balance amounting to Php36, 000 paid for 3 monthly installments specifically for the month of January, February and March.
4. That the defendant failed to retrieve the issued promissory note due to his full trust and confidence towards the complainant considering that he is his long-time bestfriend. However, the defendant denies the absence of proof of full payment. As evidence, a copy of defendants bank statement is attached in ANNEX 1.
AFFIRMATIVE DEFENSES
5. 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:
5.1. Defendant claims accord and satisfaction as Defendant alleges that the creditor, Mr. Tigpatanto accepted payment from the third party (Banco de Oro) for the alleged debt amounting to P100,000.00 plus 10% monthly interest, a total of P110,000.00. Thus, the defendant no longer owes anything from the plaintiff as shown in the defendants bank statement wherein, an amount of P20, 000.00 every 20th day of the month was withdrawn in all instances starting from the month of June until the month of March. In which, during these ten (10)-month period, the atm card of the defendant was in the sole possession of the plaintiff which served as a security for the loan obtained by the defendant from the plaintiff.
Art. 1233 of the Civil Code provides:
Article 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be.
Thus the obligation of the defendant already extinguished.
5.2. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive as contemplated in Art. 22 of the Civil Code, to wit:
Article 22. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.
5.3. Defendant alleges that Plaintiff's complaint, and each cause of action therein is barred by the Doctrine of Estoppel since as expressly provided by the promissory note, the atm card shall only be returned by the plaintiff upon full payment of the defendant. In which, the plaintiff indeed returned the said atm card after ten months of possession as security over the obtained loan without any conditions provided.
COUNTERCLAIM
6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to relief arising from the filing of his malicious and baseless suit, as follows:
6.1. Moral damages amounting to Twenty thousand pesos (Php20, 000.00) because this malicious and baseless suit besmirched his name and reputation.
6.2. Attorneys fees amounting to Twenty thousand pesos (Php20, 000.00) because he was compelled to secure services of counsel to vindicate his legal rights.
PRAYER
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the complaint and granting defendants counterclaim by awarding defendant: (a) Twenty thousand pesos as moral damage; (b) Twenty thousand as Attorneys fees; and (c) Other just and equitable are prayed for.
Cebu City, Philippines. September 13, 2014.
ATTY. RON STEPHANE P. MAYLON Counsel for Defendant 123 Green Belt Drive, Quiot, Cebu City IBP No. 921159/01-08-2014/Cebu PTR No. 2349284/01-08-2014/Cebu Roll of Attorneys No. 83475 MCLE Compliance IV-0090811 Issued on February 8, 2013 Email: ronspm@yahoo.com
Copy Furnished: ATTY. JO BORCES Counsel for the plaintiff 321 P. Del Rosario Street, Cebu City, Philippines
VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING
I, Pedro Palautang, of legal age, Filipino and with address at Talisay City, Cebu having been duly sworn to in accordance with to in accordance with the law hereby depose and say:
1. That I am the Defendant in the above titled case;
2. That I have caused the preparation of the foregoing answer Pleading;
3. That all the allegations stated therein are true and correct of my own knowledge and supported by pertinent documents;
4. That I have not commenced any other action or file any claim involving the same issues in any court, tribunal or quasi-judicial agency and, and to the best of knowledge, no such other action or claim is pending in them; and
5. If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within five (5) days from notice to the court or where the complaint or initiatory pleading has been filed.
Talisay City, 13 th of September 2014.
PEDRO PALAUTANG Affiant
SUBSCRIBED AND SWORN to before me this 14th day of September at Cebu City affiant exhibiting to me his Community Tax Certificate No. 123456 issued in Talisay City, Philippines on20th day of January 2014.
Notary Public
Doc. No.: 12345684 Page No.: 123 Book No.: 125 Series of 2014
BANCO DE ORO Savings Account SM City Cebu Statement Period: June 15 2013-March 2014