Republic of the PhilippinesRegional Trial Court

National Capital Judicial RegionBranch 39, Manila

ROLLIE C. ANG

Plaintiff,

-versus-

NOEN TRIX SITONLI

Defendant,

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

Civil Case No.: 794413-BFor: Collection of Sum of Money

ANSWER WITH COUNTERCLAIM

Comes now the defendant, through the undersigned counsel and unto this

honorable court, most respectfully avers:

1. That paragraphs 1 and 2 of the Complaint are admitted.

2. That paragraph 3 is partially admitted insofar as the defendant has borrowed

to the plaintiff a sum of money but deny as to the amount borrowed and the

existence of a promissory note

3. That paragraphs 4 and 5 are specifically denied for lack of basis.

4. That defendant is without knowledge or information sufficient to form a belief

as to the veracity of the averments in paragraph 6 of the complaint and

hence, hereby deny;

AFFIRMATIVE DEFENSES

1. That on September 5, 2012, the defendant borrowed from the plaintiff the amount

of Php 100,000, payable on 4 equal monthly installments beginning October 5,

2012 up to January 5, 2012.

2. That since the plaintiff and defendant have known each other for so long, the

agreement was made verbally.

3. That the defendant has fully paid its obligation on December 05, 2012, which was

received and accepted by the plaintiff himself, as reflected in the

acknowledgment receipt, attached hereto as Annex 1.

4. The defendant is likewise not liable to the interest since no stipulation as to that

matter was agreed upon. And even if there was such agreement, such

agreement was not binding as no interest shall be due unless it has been

expressly stipulated in writing. (Art. 1956, New Civil Code.)

5. The payment in full by the defendant extinguished the obligation of the

defendant to the plaintiff.

COUNTERCLAIM1. That by way of counterclaim, on February 10, 2013, the defendant sold his

Montero car, with plate no. ANG143, to the herein plaintiff for the consideration of

Php 500,000 payable in 5 equal monthly installment from February 6, 2013 to

June 6, 2013, as evidenced by “Contract of Sale”, attached hereto as annex 2.

2. That the plaintiff has not yet paid any of the installments as stipulated in the

contract.

3. That on June 20, 2013 the defendant demanded the payment of the car but the

plaintiff pleaded to give him 1 more week to pay.

4. That instead of paying him, the plaintiff filed this present case for collection of

sum of money.

5. That on June 27, 2013, the defendant demanded the payment of the car, but

denied and refused to pay the same.

6. That as a result, the defendant was forced to hire the services of a counsel for

the protection of his right.

PRAYER

Wherefore, it is respectfully prayed that this honorable court issued an order:

1. Dismissing the complaint filed by the plaintiff with costs against the plaintiff.

2. Ordering the plaintiff to pay the amount of Php 500,000 in favor of the

defendant, for the value of the car, including the interests accrued thereto.

3. Ordering the plaintiff to pay an amount of Php 50,000 as attorney’s fees.

4 Other relief and remedies as may be deemed just and equitable under the

premises are likewise prayed for.

RESPECTFULL SUBMITTED

City of Manila, Philippines, July 10, 2013.

Phoenix Wright Counsel for the defendant

1422 Scout Albano St. Quezon City

IBP No. 143432, 1/4/2014, Quezon CityPTR No.489322 1/16/2014, Quezon City

Copy furnished:

Atty. Maria Glory MauratCounsel for the plaintiff1232 Paseo de Roxas St. Makati

EXPLANATION

  Copy of the foregoing ANSWER was served to plaintiff’s counsel by registered mail due to time and distance constraints and for lack of the undersigned’s staff who can serve the same in person.

Phoenix Wright

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, NOEN TRIX SITONLI, of legal age, after having been duly sworn in accordance with law, depose and state that:

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

2. I caused the preparation of the foregoing answer;

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

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.

                                                                                                                                           

      ________________                                                                                                                                          

    Affiant 

SUBSCRIBED AND SWORN to before me this 10th day of July 2013, at the City of Manila, affiant exhibiting to me his Community Tax Certificate No. 125256 issued on January 3, 2013 at the City of Manila, Philippines

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