REPUBLIC OF THE PHILIPPINES 8TH JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 3

Guiuan

ALEXANDER SISON, Civil Case No. 93113

Plaintiff FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
ALEXANDER SISON, Civil Case No. 93113
Plaintiff
FOR: COLLECTION
FOR A
SUM OF MONEY WITH
DAMAGES
- versus -
Juan Jamero
Defendant
X - - -- - - - - - -- - - -- x

Answer
Defendant, through the undersigned counsel unto this Honorable
Court, hereby respectfully avers that:

1. Paragraphs one (1) and two (2) of the complaint is admitted;

2. Paragraph five (5) is denied for lack of knowledge or

information sufficient to form a belief to the veracity and
falsity thereof, allegation therein being matters known only to
and within the control of the plaintiff; and

3. Paragraph three (3) and four (4) of the complaint is denied in

so far as alleges that the defendant has not made any
payment and as of December 10, 2023 the total amount of
one million pesos (PHP 1,000,000.00), with an accrued
interest of thirty thousand pesos (PHP 30,000.00) as stated
therein, the truth being alleged in the special and affirmative
defenses part herein below.

SPECIAL AND AFFIRMATIVE DEFENSES

 1. On January 3, 2020, plaintiff and defendant met in defendant’s
vacation home in Tacloban City to transact business. During their
negotiation, plaintiff agreed to let defendant borrow sum of one
million pesos (PHP 1,000,000.00).

2. On January 3, 2021, when the note became executory, defendant

delivered to plaintiff the sum of one million pesos (PHP
1,000,000.00) and the accrued interest amounting to one twenty
thousand pesos ( PHP 120,000.00).
3. However, plaintiff refused to accept payment. As a consequence,
thereof, and as advised by counsel, defendant consigned the
aforementioned amounts to Branch 29 of the Regional Trial Court
of Guiuan Eastern Samar, as evidence by “Annex-1”, “Decision of
the Consignation.”

4. That between January 3, 2023 up to the present date, defendant

repeatedly informed plaintiff that he had consigned the amount
due and its accrued interest to the Regional Trial Court Branch 3,
of Guiuan Eastern Samar. But, for some reason, within the last 3
years, plaintiff failed to do so.

COMPLUSORY COUNTERCLAIM

1. By reason of the abuse 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 her rights and
interests for a professional fee of one hundred thousand pesos (PHP
100,000.00) and two thousand pesos (PHP 2,000.00) per court
appearance;

2. Similarly, the plaintiff’s unfounded suit has caused the defendant

mental anguish, wounded feelings, sleepless nights, serious anxiety
and other similar sufferings for which the defendant claims moral
damages of two hundred thousand pesos (PHP 200,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed

to this Honorable Court the dismissal of the complaint for lack of merit cost
against the plaintiff; and that the defendant’s compulsory counterclaim be
granted, i.e., moral damages of two hundred thousand pesos (PHP
200,000.00), attorney’s fee of one hundred thousand pesos (PHP
100,000.00), and two thousand pesos (PHP 2,000.00) pers court
appearance cost of suit.

Other relief and remedies deemed just and equitable under foregoing
premises are likewise prayed for.

Guiuan, Eastern Samar January 26, 2023.

ATTY. JOSH JAY C GABRIEL

NOTARY PUBLIC for Province of Eastern Samar
Commission Serial No. 157775
Until December 3, 2023
JCG Law Offices
Roll of Attorney 082557
IBP No. 312421/04/04/14/Guiuan Eastern Samar
PTR No. 397564/ Eastern Samar
MCLE No. V-19022568
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF EASTERN SAMAR ) SS.
Municipality of Guiuan )

X - - - - - - - - - - - - - - - - - - - - - - -x

VERIFICATION AND CERTIFICATION

I, JUAN JAMERO, of legal age, after having duty sworn in

accordance with law, depose and state that:

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

2. I caused the preparation of the foregoing petition;

3. I have read the complaints thereof and the facts stated therein are
true and correct to my personal knowledge and/or on the basis of
the documents and record in my possession;

4. I have not commenced any other action or proceeding involving

the same 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 withing five (5) days therein to this Honorable Court.

JUAN JAMERO
Affiant
TIN 49932-442; Guiuan Eastern
Samar
 ACKNOWLEDGEMENT

(Republic of the Philippines)

Province of Eastern Samar ) SS.
Municipality of Guiuan )

SUBSCRIBED AND SWORN to before me, a Notary Public, for and

in the Municipality of Guiuan this 28th day of January 2023 personally
appeared:

Name Identification Card Issued On/At

Juan Jamero TIN ID Guiuan Eastern Samar, 03/28/2022

all known to me to be the same person who executed the foregoing

instrument and hereby acknowledge to me that the same id their free and
voluntary act and deed.

This instrument is consisting of five (5) pages, including this page on

which this acknowledgement is written refers to a COLLECTION FOR SUM
OF MONEY WITH DAMAGES and has been signed by the party and
sealed with my notarial seal.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. 67;

Page No. 87; ATTY. JOSH JAY C GABRIEL
Book No. 3; NOTARY PUBLIC for Province of Eastern Samar
Series of 2023. Commission Serial No. 157775
Until December 3, 2023
JCG Law Offices
Roll of Attorney 082557
IBP No. 312421/04/04/14/Guiuan Eastern Samar
PTR No. 397564/ Eastern Samar
MCLE No. V-19022568