REPUBLIC OF THE PHILIPPINESRegional Trial Court

11th Judicial RegionDavao CityBranch ___

Anecita Be Civil Case No. ________-

Plaintiff,FOR: Sum of Money, Attorney’s Fees, and

Damages

-versus-

Teresita LuDefendant,

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A N S W E RWITH COUNTERCLAIMS

COMES NOW Defendant Teresita Lu, by counsel and unto this Honorable Court, most

respectfully states and avers that:

1. Defendant admits the allegations contained in paragraphs 1, 2, 3, 4 and 5 of the

Complaint;

2. Defendant denies the allegations contained in paragraph 9 and 10 of the Complaint.

Defendant’s action when the loan became due and demandable was to ask for a

consideration to give her a few more days to pay the equivalent of the borrowed money

of One Million Pesos (Php 1,000,000.00) in which the Petitioner agreed by virtue of a

written agreement marked as ANNEX “1”.

3. Insofar as Paragraph 11 of the Complaint is concerned.

Defendant actually received the demand letter but there was no refusal to pay the said

amount and upon the said verbal agreement, after a few days, Petitioner’s decided not to

continue with the said agreement.

4. Paragraph 12 is deemed admitted by the Defendant that both parties referred the case for

Barangay Conciliation but no settlement was reached between the parties as the Petitioner

denies that there was a written agreement that took place between the parties.

AS COMPULSORY COUNTERCLAIMS

5. Defendant hereby restates and repleads all the allegations in the preceding paragraphs by

way of reference and incorporation;

6. As a consequence of the malicious and wrongful filing of this entirely baseless and

unjustified action, which is attended by extreme bad faith, lies and deception, denial of

payments made, and the unjustified seizure of the subject motor vehicle from the

Defendant, the latter and her family had suffered sleepless nights, mental anguish, serious

anxiety, severe stress, wounded feelings, besmirched reputation and social humiliation

for which Plaintiff should be made liable for moral damages in the total amount of One

Hundred Thousand Pesos (P 100,000.00);

8. In instituting this unwarranted and clearly unfounded suit against the Defendant, Plaintiff

had acted in a wanton, fraudulent, reckless and malevolent manner and, by way of

example or correction for the public good, Plaintiff should be made liable to pay

Defendant exemplary damages in the total amount of Fifty Thousand Pesos (P

50,000.00);

9. As a further consequence of the malicious and wrongful filing of the present action,

Defendant was constrained to hire the services of counsel for a legal fee of Three

Hundred Thousand Pesos (P300,000.00), plus Two Thousand Pesos (P2,000.00) per court

appearance, and to incur expenses of litigation for which plaintiff should be made to pay.

P R A Y E R

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that after

hearing on the merits, this Honorable Court issue an Order :

a) Dismissing the Complaint in toto for utter lack of merit and ordering

Plaintiff ANECITA BE to pay defendant as follows:

1) That the written agreement marked as ANNEX “1” should be the governing

agreement between the parties for the reason that Plaintiff was in bad faith for

denying such agreement.

2) Plaintiff is liable for moral damages in the total amount of One Hundred Thousand

Pesos (P 100,000.00);

3) Defendant is liable to pay exemplary damages in the total amount of Fifty Thousand

Pesos (P 50,000.00);

4) To pay Attorney’s fees of Three Hundred Thousand Pesos (P 300,000.00) plus Two

Thousand Pesos (P2,000.00) as court appearance fee per hearing.

Other reliefs just and equitable under the premises are likewise prayed for.

Davao City, Philippines, August 13, 2014.

BY:

ATTY. RABMOR T. BARTOLOMEPTR No.957893-01/02/14-D.C.IBP No. 984739-01/03/14-D.C.

Roll No. 768768MCLE Compliance No. IV-004321

Tel Nos. (082) 222-2222Email Address: attyrabmor@yahoo.com

REPUBLIC OF THE PHILIPPINES)CITY OF DAVAO )ssx-------------------------------------------------x

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Teresita Lu, of legal age, Filipino, and a resident of Davao City, Philippines, after having been duly sworn to in accordance with law hereby depose and state that:

1) I am the Plaintiff in the Civil Case No. 17-8941 for Collection of Sum of Money entitled Anacita Be versus Teresita Lu;

2) I have caused the preparation and filing of the Answer to the above-entitled case;

3) I have read and understood the contents thereof; and that all the allegations therein are true and correct of my personal knowledge and based on authentic records I have reviewed;

4) I have not commenced any other action or proceeding involving the same issues 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 within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of August 2014 at Davao City, Philippines.

TERESITA LUAffiant

SUBSCRIBED AND SWORN to before me this 13th day of August 2014 at Davao City, Philippines; affiant exhibiting to me her proofs of identity her Social Security Identification no. 123456789 and her Community Tax Certificate No. 987654321 issued on DATE, 2014 at Davao City.

COPY FURNISHED:

Atty. Izumaki Naruto, CPA