REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Quezon City, Branch 28
ROLAND GREGORY I. CIVIL CASE NO. Q17-1103
DICTADO
Plaintiff, Collection of Sum of Money
-versus-
JONALD P. DIMAANO
Defendant.
x-----------------------------------x
ANSWER
DEFENDANT JONALD P. DIMAANO, by undersigned counsel,
unto this Honorable Court most respectfully states that:
1. Paragraphs one (1), two (2), three (3), and four (4) of the Complaint
are admitted; and
2. Paragraph five (5) of the Complaint is denied insofar as it alleges that
the defendant failed to pay the obligation stated therein, the truth being those
alleged in the special and affirmative defenses part hereinbelow;
SPECIAL AND AFFIRMATIVE DEFENSES
1. On October 16, 2017, the defendant informed the plaintiff that he will
settle his indebtedness on October 17, 2017 before the defendant leaves for
an out of the country business meeting;
2. On October 17, 2017, the plaintiff failed to meet the defendant for
unknown reasons to the later;
3. On October 17, 2017, upon failure of the plaintiff to meet the
defendant, the later went to the former’s house and handed the check
amounting to Five Hundred Sixty Thousand Pesos (₱560,000.00) to the
plaintiff’s mother GINA I. DICTADO;
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4. On October 17, 2017, after giving the check to GINA I. DICTADO,
the defendant informed the same that the check serves as a payment for his
indebtedness to the plaintiff;
5. On October 17, 2017, after GINA I. DICTADO received the check,
the defendant immediately left for NAIA International Airport as his flight
was scheduled at 8:00 in the evening of the same day as evidenced by the
photocopy of his boarding ticket, attached herein, marked as Annex “A”;
and
6. On November 10, 2017, the day of the defendant’s arrival to his
residence in the Philippines. The defendant was in shock upon learning that
a complaint has been filed against him by the plaintiff, that the plaintiff
never communicated with him during his business trip abroad, that such
action of the plaintiff made the defendant believed that his obligation had
already been settled upon the plaintiff’s receipt of the check he left to GINA
I. DICTADO.
COMPULSARY COUNTERCLAIM
1. By reason of the abuse of right committed by the plaintiff and by
reason of the instant precipitate and unfounded suit, the defendant was
constrained to hire the services of a lawyer to defend his rights and interests
for a professional fee of Twenty-Thousand Pesos (₱20,000.00) and Two
Thousand Pesos (₱2,000.00) per court appearance;
2. Similarly, the plaintiff’s unfounded suit has caused the defendant
mental anguish, wounded feelings, sleepless nights, serious anxieties, and
other similar sufferings for which the defendant claims moral damages of
One Hundred Thousand Pesos (₱100,000.00).
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is respectfully
prayed to this Honorable Court the dismissal of the complaint for lack of
merit with costs against the plaintiff; and that the defendant’s compulsory
counterclaim be granted, i.e., moral damages of One Hundred Thousand
Pesos (₱100,000.00), attorney’s fees of Twenty-Thousand Pesos
(₱20,000.00), and Two Thousand Pesos (₱2,000.00) per court appearance
and costs of suit.
Other reliefs just and equitable under the premises are likewise prayed
for.
Quezon City. November 12, 2017.
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CABRERA LAW OFFICE
Counsel for the Defendant
#13 Commonwealth Avenue, Quezon City
By:
EDWARD KEVIN C. CABRERA
Roll No. 1313
PTR No. 6136 / Quezon City
IBP Life Member Roll No. 4321 / Manila
MCLE Compliance No. 7890 / 12-31-15
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Complaint
VERIFICATION and CERTIFICATION OF NON-FORUM
SHOPPING
I, JONALD P. DIMAANO of legal age, Filipino, married, and a
resident of 17-A Saint Michael St., Project 8, Quezon City, after having been
duly sworn to in accordance with law, hereby depose and state that:
1. I am the defendant in the above-stated case;
2. I have caused the preparation and filing of the foregoing
Answer and have read the allegations therein, and that they are true and
correct of my personal knowledge and belief and based on authentic
documents;
3. I have not commenced any other action or proceeding involving
the same issues before the Supreme Court, Court of Appeals or any other
tribunal or agency and, to the best of my knowledge, there is no such action
or proceeding pending before any tribunal;
4. If I should learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, Court of Appeals or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court
IN WITNESS WHEREOF, I have hereunto set my hand this
December 5, 2015 in Lipa City, Batangas.
HAZEL ANNE M. MANALO
Affiant
SUBSCRIBED AND SWORN to before me this November 12, 2017
in Quezon City, affiant exhibiting to me his driver’s license with No. L03-
654321 issued on May 2015, as competent proof of his identity.
ANDREW M. ARCAY
Notary Public
Valid Until December 31, 2017
Roll of Attorney No. 7777
PTR No. 0707/ Q.C.
IBP Life Member Roll No. 6543/ Manila
MCLE Compliance No. 4765 / 12-31-15
Doc. No.: 49
Page No.: 8
Book No.: II
Series of 2015
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