REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 17, BATAC CITY, ILOCOS NORTE

XANDER QUIZON,
Plaintiff,

-versus- CIVIL CASE NO.111

For: Collection of
Sum of Money with
Prayer of Writ for the
issuance of
Preliminary
Attachment

REBECCA AQUINO,
Defendan
ts.
x-----------------------------------------------x

ANSWER

COMES NOW defendant REBECCA AQUINO, by the

undersigned counsel, unto this Honorable Court, most
respectfully file the foregoing Answer.

TIMELINESS

Defendant received on December 20, 2020 a summons of

this Honorable Court directing the defendants to file an answer
within fifteen (15) days from receipt thereof.

ADMISSIONS & DENIALS

1. The allegations in paragraphs nos. 1 & 2 are admitted by the

defendant;

2. The allegations in paragraph 3 is denied by the defendants,

the truth of the matter is set forth in the Affirmative
Defense;

1
3. The allegations in paragraph 4 as to the existence of the
demand letter is admitted;

4. The allegations in paragraphs 5 and 6 are denied for the

application of the same in the instant case;

5. The allegation in paragraph 7 is admitted but only with

regard to the valid and sufficient cause of action against
herein defendant for the collection of sum of money that is
due and demandable as of today, the explanation of the
matter is set forth in the Affirmative Defense;

6. The allegations in paragraphs 8 and 9 are denied;

7. The allegation in paragraph 10 is denied as it has no basis in

fact and in law.

SPECIAL & AFFIRMATIVE DEFENSES

8. The plaintiff and defendant entered into a contract of loan on

January 03, 2018 that is due on January 03, 2019, as
evidenced by a promissory note executed by herein
defendant in favor of herein plaintiff. Said promissory note is
attached as Annex “A” in the complaint filed by herein
plaintiff on December 15, 2020;

9. The defendant, upon receipt of the demand letter sent by

herein plaintiff on March 01, 2020, immediately paid herein
plaintiff the amount of Five Hundred Thousand Pesos
(P500,000.00) as evidenced by an acknowledgement receipt
executed by said plaintiff in favor of herein defendant. Said
acknowledgement receipt is herein attached as Annex “A”;

10.When defendant received the second demand letter of the

plaintiff thru its counsel on July 01, 2020 she immediately
paid plaintiff the amount of Three Hundred Fifty Thousand
pesos (P 350,000.00) as evidenced by an acknowledgement
receipt executed by said plaintiff in favor of herein defendant.
Said acknowledgement receipt is herein attached as Annex
“B”;

11. Because of the above-mentioned partial payment of the

amount due to plaintiff the only remaining sum due and
payable to the latter is only One Hundred Fifty Pesos (P
150,000.00) plus interest of said amount and not One Million
Pesos (P1,000,000.00) plus interest or the original amount of
the contract of loan executed by plaintiff and defendant as
claimed by the former;

2
12.Inasmuch as the remaining sum due and demandable to the
plaintiff is only One Hundred Fifty Thousand Pesos (P150,
000.00), the complaint is dismissible on the ground that this
Honorable Court does not have jurisdiction over the subject
matter pursuant to A.M. No. 08-8-7-SC otherwise known as
The Revised Rules of Procedure for Small Claims Cases as
amended by OCA CIRCULAR NO. 45-2019. Section 2 of said
Rule provides that:

Section 2. Scope. – These rules shall

govern procedures in actions before the
Metropolitan Trial Courts (MeTCs), Municipal
Trial Courts in Cities (MTCCs), Municipal Trial
Courts (MTCs), and Municipal Circuit Trial
Courts (MCTCs) for payment of money where
the value of the claim does not exceed the
jurisdictional amount of these courts
under Republic Act No. (R.A.) 7691 (Four
Hundred Thousand Pesos) [P400, 000.00]
for the MeTCs and Three Hundred
Thousand Pesos [P300,000.00] for the
MTCCs, MTCs, and MCTCs), exclusive of
interest and cost.

13. The defendant’s willingness to comply with her obligation

can be shown by her prompt payment, though partial, of said
obligation upon receipt of the above-mentioned demand
letters sent by herein plaintiff;

14. Hence, the defendant has no intent to defraud her creditor

as she is willing to fulfill her obligation.

AS COUNTERCLAIM

15. That due to the filing of this unfounded suit, the defendant
was force to hire the services of a lawyer with an agreement
to pay an attorney’s fees in the amount of P50,000.00 plus
P2,000.00 as appearance fee;

16. That to protect the public and set an example to deter the
same wrongful act to happen in the future, an award for
exemplary damages of not less than P50,000.00 shall be
imposed against the plaintiff.

3
 WHEREFORE, premises considered, it is most respectfully
prayed unto this Honorable Court, that after due notice and
hearing judgment be rendered as follows:

1. Ordering that the instant complaint against defendant be

dismissed for lack of merit and for lack of jurisdiction of this
Honorable Court over the subject matter of the instant
case; and

2. Such other reliefs that are just and equitable under the
premises are equally prayed for.

This 5th of January 2021 at Laoag City, Philippines.

ATTY. NICCOLO VITTORIO T. SANTOS

Counsel for the defendant
Brgy. 00 Baro a Laoag Street, Laoag City
PTR No.1111111-01-01-2021, Laoag City
IBP No.1111111-01-01-2021, Laoag City
SC ROLL No.111111
MCLE Compliance Certificate No.V-111, 01-01-2021

VERIFICATION

I, REBECCA AQUINO, of legal age, Filipino and a resident

of Brgy. Tabug City of Batac City, Ilocos Norte, under oath state
that: I am the defendant in the above-captioned case; I have
caused the preparation of the foregoing Answer; I have read all
the allegations therein which are all true and correct of my own
personal knowledge and based on authentic records.

IN WITNESS WHEREOF, I have hereunto set my hand

th
this 5 of January 2020 at Laoag City, Philippines.

REBECCA AQUINO
Defendant
PNP ID No. 16L080078

4
 SUBSCRIBED AND SWORN to before me this 5TH of
January 2021 at Laoag City, Philippines.

Doc. No. 55; ATTY. NICCOLO VITTORIO T. SANTOS

Page No. 35; Counsel for the Petitioner
Book No. I; Brgy. 00 Baro a Laoag Street, Laoag City
Series of 2020. PTR No.1111111-01-01-2020, Laoag City
IBP No.1111111-01-01-2020, Laoag City
SC ROLL No.111111
MCLE Compliance Certificate No.V-111, 01-01-2020

Copy furnished:

ATTY. DI MAGIBA
Counsel for the Plaintiff

5
 ANNEX “A”

REPUBLIC OF THE PHILIPPINES)

LAOAG CITY )S.C.

ACKNOWLEDGEMENT RECEIPT

I, XANDER QUIZON, of legal age, single, Filipino citizen and a resident

of San Julian, Batac, Ilocos Norte Philippines, hereby acknowledged receipt of the
amount of FIVE HUNDRED THOUSAND PESOS (P500, 000.00) from
REBECCA AQUINO, of legal age, Filipino citizen and resident of Brgy. Tabug
City of Batac, Ilocos Norte as partial payment for the contract of loan executed by
Xander Quizon, as creditor, and Rebecca Aquino, as debtor, in the amount of One
Million Pesos (P 1,000,000.00).

IN WITNESS WHEREOF, I have hereunto set my hand this 1 st of March

2020 at Laoag City, Philippines.

XANDER QUIZON
Creditor
OSCA ID No. 1844138
Issued at Batac, Ilocos Norte

SUBSCRIBED AND SWORN to before me this 1st of March 2020 at

Laoag City, Philippines.

Doc. No. 16; ATTY. JUAN PAOLO FLOJO

Page No. 3; Notary public
Book No. II; Brgy. 20 Jepz Street, Batac City
Series of 2020. PTR No.118751-01-01-2020, Batac City
IBP No.1114097-01-01-2020, Batac City
SC ROLL No.1345
MCLE Compliance Certificate No.V-101, 01-01-2020

6
 ANNEX “B”

REPUBLIC OF THE PHILIPPINES)

LAOAG CITY )S.C.

ACKNOWLEDGEMENT RECEIPT

I, XANDER QUIZON, of legal age, single, Filipino citizen and a resident

of San Julian, Batac, Ilocos Norte Philippines, hereby acknowledged receipt of the
amount of THREE HUNDRED FIFTY THOUSAND PESOS (P350, 000.00) from
REBECCA AQUINO, of legal age, Filipino citizen and resident of Brgy. Tabug
City of Batac, Ilocos Norte as partial payment for the contract of loan executed by
Xander Quizon, as creditor, and Rebecca Aquino, as debtor, in the amount of One
Million Pesos (P 1,000,000.00).

IN WITNESS WHEREOF, I have hereunto set my hand this 1st of July

2020 at Laoag City, Philippines.

XANDER QUIZON
Creditor
OSCA ID No. 1844138
Issued at Batac, Ilocos Norte

SUBSCRIBED AND SWORN to before me this 1st of July 2020 at Laoag

City, Philippines.

Doc. No. 56; ATTY. JUAN PAOLO FLOJO

Page No. 25; Notary public
Book No. II; Brgy. 20 Jepz Street, Batac City
Series of 2020. PTR No.118751-01-01-2020, Batac City
IBP No.1114097-01-01-2020, Batac City
SC ROLL No.1345
MCLE Compliance Certificate No.V-101, 01-01-2020