Académique Documents
Professionnel Documents
Culture Documents
ROLLIE C. ANG
Plaintiff,
-versusNOEN TRIX SITONLI
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
AFFIRMATIVE DEFENSES
1. That on September 5, 2012, the defendant borrowed from the plaintiff the amount
of Php 100,000, payable on 4 equal monthly installments beginning October 5,
2.
3.
4.
and
accepted
by
the
plaintiff
himself,
as
reflected
in
the
agreement was not binding as no interest shall be due unless it has been
5.
COUNTERCLAIM
1. That by way of counterclaim, on February 10, 2013, the defendant sold his
Montero car, with plate no. ANG143, to the herein plaintiff for the consideration of
Php 500,000 payable in 5 equal monthly installment from February 6, 2013 to
June 6, 2013, as evidenced by Contract of Sale, attached hereto as annex 2.
2. That the plaintiff has not yet paid any of the installments as stipulated in the
contract.
3. That on June 20, 2013 the defendant demanded the payment of the car but the
plaintiff pleaded to give him 1 more week to pay.
4. That instead of paying him, the plaintiff filed this present case for collection of
sum of money.
5. That on June 27, 2013, the defendant demanded the payment of the car, but
denied and refused to pay the same.
6. That as a result, the defendant was forced to hire the services of a counsel for
the protection of his right.
PRAYER
Wherefore, it is respectfully prayed that this honorable court issued an order:
1. Dismissing the complaint filed by the plaintiff with costs against the plaintiff.
2. Ordering the plaintiff to pay the amount of Php 500,000 in favor of the
defendant, for the value of the car, including the interests accrued thereto.
3. Ordering the plaintiff to pay an amount of Php 50,000 as attorneys fees.
4 Other relief and remedies as may be deemed just and equitable under the
premises are likewise prayed for.
RESPECTFULL SUBMITTED
City of Manila, Philippines, July 10, 2013.
Phoenix Wright
Counsel for the defendant
EXPLANATION
Copy of the foregoing ANSWER was served to plaintiffs counsel by registered
mail due to time and distance constraints and for lack of the undersigneds staff who can
serve the same in person.
Phoenix Wright
3. I have read the contents thereof and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies of documents and records in my
possession;
4. I have not commenced any other action or proceeding involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this Honorable
Court.
________________
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of July 2013, at the City
of Manila, affiant exhibiting to me his Community Tax Certificate No. 125256 issued on
January
3,
2013
at
the
City
of
Manila,
Philippines
Doc. No. ;
Page No. ;
Book No. ;
Series of 2013.