REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 153
TAGUIG CITY

ANNE D. CURTIS
Plaintiff,

- Versus - Civil Case No. 04-95283

For: Collection for a Sum of
Money with damages

LAURENCE S. GUMABAO,
Defendant.

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ANSWER

COMES NOW, the Defendant by undersigned Counsel and unto this

Honorable Court, and in answer to plaintiff’s complaint in the above-
mentioned case, respectfully allege:

1. That Defendant admits the contents of in Paragraphs 1, 2 and 3 of the

complaint;
2. That Defendant admits the contents of paragraph 4 of the complaint
insofar as to the fact that both parties agreed to a loan on the condition
that he must be paid back, but specifically denies that (a) Plaintiff made
a condition that the loan must be paid within 365 days; (b) the agreed
amount to be loaned is PHP 450,000.00, as explained in the Affirmative
Defense below;
3. That Defendant admits the contents of paragraphs 5 insofar as to the
fact that he affixed his signature on the promissory note, but specifically
denies that the amount of the loan granted to him was not PHP
450,000.00, as explained in the Affirmative Defenses below;
4. and 6 of the complaint;
5. That Defendant admits the contents of paragraph 7 of the complaint
insofar as to the fact that Plaintiff made verbal and written demands,
but specifically denies that his failure to settle payment was without just
and valid reason, as explained in the Affirmative Defenses below.

AFFIRMATIVE DEFENSES

6. Defendant reiterates and incorporates all the foregoing insofar as they

are material, and additionally submit that the following defenses:

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 6.1. That Plaintiff made no mention of being paid back within
365 days or one (1) year as the Defendant was under the
impression that both parties agreed under the condition
that Defendant must pay back Plaintiff, without a
prescribed date specified;
6.2. That Defendant alleges that the promissory note was
fabricated as the principal amount that he and Plaintiff
initially agreed upon on May 15, 2018 was Two Hundred
Thousand Pesos (PHP 200,000.00);
6.3. That said promissory note is invalid evidence and thus, not
legally binding as it was not certified by the Notary Public;
6.4. That Defendant did not receive any demand letter from
the Plaintiff by reason that he was out of town at that
time on a 1-month long back-packing trip. By the time
Defendant got home, he was only notified of such
demand letter in his email, along with a civil case filed
against him one (1) day thereafter;
6.5. That Defendant maintains that due to his current
circumstances at that time, he was unable see his email
and be notified of such demand letter.

COUNTERCLAIM

7. That by virtue of this act initiated by the plaintiff, Defendant was

forced to seek the services of a legal counsel in the sum of Twenty
Thousand Pesos (Php 20,000.00).

WHEREFORE, premises considered, it is respectfully prayed before this

Honorable Court that the complaint be dismissed and order the plaintiff to
pay the following:

(1) Litigation costs amounting to Twenty Thousand Pesos (Php

20,000.00)

Other equitable reliefs are likewise prayed for.

Taguig City, Philippines, Aug 24, 2019.

TOM J. WELLING
Attorney for the Defendant
5/F Sullivan Building,
San Lorenzo, Makati City
PTR No. 1054321,1-20-99
IBP No. 742948, 1-23-03

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Republic of the Philippines )
Taguig City ) S.S.

VERIFICATION AND CERTIFICATION

I, Laurence S. Gumabao, of legal age, Filipino, single, and a resident of Unit

28-K, One Uptown Residences, Bonifacio Global City, Taguig City, Metro
Manila, after being sworn in accordance with law, hereby depose and say:

1. That I am the Defendant in the above-entitled case;

2. That I have caused the preparation of the above Complaint Answer and
I have read the same and understood the contents thereof;
3. That the allegations contained therein are true and correct of my own
personal knowledge and based on authentic records;
4. That I further certify that: I have not theretofore commenced any other
action or proceeding or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; if we
should thereafter learn that the same or similar action or proceedings
has been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or quasi-judicial agency; I undertake to
report such fact within five (5) days therefrom to the court or agency
wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of

August, 2019 at Taguig City, Metro Manila, Philippines.

LAURENCE S. GUMABAO
Affiant

SUBSCRIBED AND SWORN to before me in Taguig City this 24th day of

August 2019, affiant Laurence S. Gumabao, who has satisfactorily proven to
me her identity through her Government-issued Driver’s License with license
no. D19-18-0110218 valid until October 29, 2022.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2019