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Republic of the Philippines

Regional Trial Court


National Capital Judicial Region
Branch 39, Manila

ROLLIE C. ANG
Plaintiff,
-versusNOEN TRIX SITONLI

Civil Case No.: 794413-B


For: Collection of Sum of Money
Defendant,

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

ANSWER WITH COUNTERCLAIM


Comes now the defendant, through the undersigned counsel and unto this
honorable court, most respectfully avers:
1. That paragraphs 1 and 2 of the Complaint are admitted.
2. That paragraph 3 is partially admitted insofar as the defendant has borrowed
to the plaintiff a sum of money but deny as to the amount borrowed and the
existence of a promissory note
3. That paragraphs 4 and 5 are specifically denied for lack of basis.
4. That defendant is without knowledge or information sufficient to form a belief
as to the veracity of the averments in paragraph 6 of the complaint and
hence, hereby deny;

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.

2012 up to January 5, 2012.


That since the plaintiff and defendant have known each other for so long, the

3.

agreement was made verbally.


That the defendant has fully paid its obligation on December 05, 2012, which was
received

4.

and

accepted

by

the

plaintiff

himself,

as

reflected

in

the

acknowledgment receipt, attached hereto as Annex 1.


The defendant is likewise not liable to the interest since no stipulation as to that
matter was agreed upon. And even if there was such agreement, such

agreement was not binding as no interest shall be due unless it has been

5.

expressly stipulated in writing. (Art. 1956, New Civil Code.)


The payment in full by the defendant extinguished the obligation of the
defendant to the plaintiff.

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

1422 Scout Albano St. Quezon City


IBP No. 143432, 1/4/2014, Quezon City
PTR No.489322 1/16/2014, Quezon City
Copy furnished:
Atty. Maria Glory Maurat
Counsel for the plaintiff
1232 Paseo de Roxas St. Makati

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

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING


I, NOEN TRIX SITONLI, of legal age, after having been duly sworn in accordance with
law, depose and state that:
1. I am the defendant in the above-stated case;
2. I caused the preparation of the foregoing answer;

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.

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