legal form answer

Pineda, Paul Christopher G. JD3

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

BRANCH , ANGELES CITY

JOHN DOE, a minor as represented by HELEN DOEPlaintiff

Versus

PETER DOEDefendant

Civil Case No. XXXFor a sum of money

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

ANSWER

1. Defendant by counsel, and to this Honorable Court respectfully states:2. Defendant admits the portion of paragraph 1 of the complaint regarding the names, residences

and status of the parties, but denies the rest thereof, for lack of knowledge sufficient to form a belief as to the truth thereof.

3. The defendant admits the existence of the loan agreement between him and the plaintiff and that it failed to pay the last installment payment of the agreement but denies the allegation in paragraph 3 of the complaint that the defendant failed to pay the whole amount of one million (Php 1,000,000.00).

4. To deny the plaintiff’s allegations, attached herein are the receipts of payments (ANNEX “A”) executed by the plaintiff’s representative HELEN DOE for the series of payments made by the defendant.

5. Assuming arguendo, that the allegations of the plaintiff are true and correct, the filing of this complaint is premature because of the plaintiff’s failure to file the case before the Katarungang Pambarangay and come up with an amicable settlement as required by law. Thus in the case Peregrina vs. Panis, the Supreme Court stated:

Thus, Morata vs. Go, 125 SCRA 444 (1983), and Vda. de Borromeo vs. Pogoy, 126 SCRA 217 (1983) have held that P.D. No. 1508 makes the conciliation process at the Barangay level a condition precedent for the filing of a complaint in Court. Non-compliance with that condition precedent could affect the sufficiency of the plaintiff's cause of action and make his complaint vulnerable to dismissal on the ground of lack of cause of action or prematurity. The condition is analogous to exhaustion of administrative remedies, or the


lack of earnest efforts to compromise suits between family members, lacking which the case can be dismissed.

The parties herein fall squarely within the ambit of P.D. No. 1508. They are actual residents in the same barangay and their disputes does not fall under any of the excepted cases."

PRAYER

WHEREFORE, defendant respectfully prays that the complaint be dismissed for lack of merit and for not complying with the condition precedent, with cost against the plaintiff.

Defendant further prays for such other reliefs as may be just and equitable in the premises

Angeles City, Philippines, March 9, 2016

AttorneyCounsel for the Defendant

PTR No. :________________IBP No,_________________Roll No._________________Address:________________

VERIFICATION AND CERTIFICATION

I, PETER DOE, of Legal age, married, Filipino Citizen and a resident of 2010 Mayflower Street, Brgy. Ninoy Aquino Marisol Subdivision, Angeles City, Philippines, after being sworn according to law, hereby depose and state that;

1. That he has caused the preparation of the foregoing answers with defenses, and the allegations therein are true and correct of his personal knowledge and/or based on authentic records.

2. That he further states that the receipt issued by the plaintiff, Annex “A” of thus answer are true and correct.

In witness thereof, I, Attorney, counsel of the defendant, have hereunto set my hand this 9 th of March 2016 at Angeles City.

Attorney


Counsel for the DefendantPTR No. :________________IBP No,_________________Roll No._________________Address:________________

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