Republic of the Philippines

COURT OF APPEALS
Manila, Philippines

JUAN BIGLANGYAMAN,

Appellant,

CIVIL CASE NO. 143-440

-versus- For: Collection of a Sum of
Money

PEDRO NAGHIRAP,

Appellee.

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

APPEALLEE’S BRIEF
The appellee, PEDRO NAGHIRAP, through the undersigned counsel, and
unto this Honorable Court, in answer to the allegations raised by the
defendant-appellant in his Brief, respectfully submits the following:

PREFATORY STATEMENT
Through this appeal, PLAINTIFF-APPELLANT assails the judgment, dated
14 September 2013 rendered by Judge Zosimo Allegre of the Regional Trial
Court Branch 1 of the National Capital Judicial Region of Manila, dismissing
his complaint for Collection of Sum of Money.

COUNTER-STATEMENT OF FACTS
Plaintiff – Appellant, JUAN BIGLANGYAMAN, filed a complaint for the
Collection of a Sum of Money against herein defendant-appellee, PEDRO
NAGHIRAP, based on a duly executed promissory note dated June 12, 2012.
Plaintiff – appellant is the owner of the BIGLANGYAMAN ENTERPRISES, a
lending company.

Herein Defendant – Appellee, PEDRO NAGHIRAP, testified that payment

was already made showing an official receipt (EXHIBIT 1) as proof of payment
which was issued to him on 12 December 2012. RYZZA MAE CHACHA, the
cashier of BIGLANGYAMAN ENTERPRISES, was presented to identify the
receipt and the signature (Exhibit 1-A) therein. Ms. Chacha, positively
identified the receipt as the official receipt of the BIGLANGYAMAN
ENTERPRISES and the signature therein as her own. The defense was also able
to present JOSE PANALO, a borrower of the BIGLANGYAMAN ENTERPRISES,
to attest that he witness the payment made on 12 December 2012.

Plaintiff-appellant likewise admitted the official receipt when it was

offered as evidence.

On 14 September 2013, on the strength of the defense’s evidence, the

Regional Trial Court promulgated its decision. The dispositive portion of the
decision reads:

“WHEREFORE, premises considered and in view of the admission of

the official receipt by the plaintiff, the Court finds that the defendant was
able to prove by preponderance of evidence that payment of the loan in
favor of the plaintiff was made and as such judgment is hereby rendered
in favor of the defendant and against the plaintiff, ordering the latter to
pay damages and the costs of litigation.

SO ORDERED.”
 COUNTER-ARGUMENT

Defendant-Appellee raises the following counter-arguments to the

assignment of error raise by the Plaintiff-Appellant:

1. The official receipt

DISCUSSION
A. THE REGIONAL TRIAL COURT HAD COMMITTED A REVERSIBLE ERROR
THROUGH MISAPPREHENSION OF FACTS WHEN IT FAILED TO APPRECIATE
THAT THE PROMISSORY NOTE, THE PRIVATE DOCUMENT EVIDENCING THE
CREDIT, IS STILL HELD BY THE PLAINTIFF – CREDITOR, THEREBY PROOF
OF NON-PAYMENT OF DEBT

8. The appellant submits that the Regional Trial Court had committed a
reversible error when it did not look into the credence of the promissory note as
held by plaintiff-appellant. This promissory note was marked “Exhibit A.”
Jurisprudence abounds that in civil cases, one who pleads payment has the
burden of proving it.1 When the creditor is in the possession of the document of
credit, proof of non-payment is not needed for it is presumed. 2 The debtor has
the burden of showing with legal certainty that the obligation has been
discharged by payment.3

PRAYER

1
Royal Cargo Corporation v. DFS Sports Unlimited, G.R. No. 158621, December 10, 2008.

2
Tai Tong Chuache & Co. v. Insurance Commission, 242 Phil 104, 112, (1988).

3
Supra note 1, at 422.
 WHEREFORE, it is respectfully prayed and pleaded of this Honorable
Court that the decision promulgated on 14 September 2013 dismissing the
complaint be RECONSIDERED, REVERSED, and SET ASIDE.
Other reliefs just and equitable are likewise prayed for.

21st day of September 2013, City of Manila.

GERALD CO
Counsel for the Plaintiff
2134 Jose Abad Santos, Sta Mesa
PTR No. 12345/09-24-13/Manila
IBP No. 42956/10-10-14/Manila
Roll No. 912345
MCLE No. IV-0001234

COPY FURNISHED

Copy Furnished:

SAHLIE GONZALES
Counsel for the Defendant
123 Napoles Street,
Sta. Ana, Manila
IBP No. 14344/02-14-88
Roll No. 12345/04-24-93
MCLE Exempt
PTR Exempt

Received by: _______________________

Date: _____________________________
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JUAN BIGLANGYAMAN, of legal age, single, Filipino and a resident of 88

Mingoa St., Sta. Mesa, Manila, after having been duly sworn, depose and state
that:

1. I am the appellant in the above-stated case;

2. I have caused the preparation of the foregoing petition;

3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and as culled from authentic records;

4. To the best of my knowledge and belief, I have not commenced any

other action or filed any claim involving the same issues in the Supreme Court,
the Court of Appeals, or any other tribunal or agency;

5. 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.

IN WITNESS WHEREOF, I have hereunto set my hand this 20 th day of

September 2013 in the City of Manila, Philippines.

                                                                                                                                       
JUAN BIGLANGYAMAN
Affiant
 
SUBSCRIBED AND SWORN to before me this 21 st day of September, 2013
affiant exhibiting to me his Driver’s License No. N02-12345 issued on March
04, 2013 in Manila.

EDUARDO MINGOA
NOTARY PUBLIC
Until December 31, 2014
Roll of Attorneys No. 23456
IBP No. 333945/01-05-03
PTR No. 175456/02-07-13/Manila
MCLE Compliance No. I 0007865/04-01-13

Doc. No. ;_____

Page No.;_____
Book No.;_____
Series of 2013.

COPY FURNISHED:

SAHLIE GONZALES
Counsel for the Defendant
123 Napoles Street,
Sta. Ana, Manila
IBP No. 14344/02-14-88
Roll No. 12345/04-24-93
MCLE Exempt
PTR Exempt

REGIONAL TRIAL COURT

Manila