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    Tabanda Answer

    Uploaded by

    Miko Tabanda
    This document is an answer with affirmative defense and counter claim filed in response to a civil case regarding collection of a sum of money. It denies the allegations in the complaint regarding a check agreement and asserts that the parties instead agreed for the defendant to transfer ownership of his 2009 Subaru Impreza vehicle to the plaintiff in settlement of the debt. It admits the defendant previously had insufficient funds for the check but notified the plaintiff. It also includes a counterclaim seeking 20,000 PHP in attorney's fees from the plaintiff.

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    Tabanda Answer

    Uploaded by

    Miko Tabanda
    104 views9 pages
    This document is an answer with affirmative defense and counter claim filed in response to a civil case regarding collection of a sum of money. It denies the allegations in the complaint regarding a check agreement and asserts that the parties instead agreed for the defendant to transfer ownership of his 2009 Subaru Impreza vehicle to the plaintiff in settlement of the debt. It admits the defendant previously had insufficient funds for the check but notified the plaintiff. It also includes a counterclaim seeking 20,000 PHP in attorney's fees from the plaintiff.

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    This document is an answer with affirmative defense and counter claim filed in response to a civil case regarding collection of a sum of money. It denies the allegations in the complaint regarding a check agreement and asserts that the parties instead agreed for the defendant to transfer ownership of his 2009 Subaru Impreza vehicle to the plaintiff in settlement of the debt. It admits the defendant previously had insufficient funds for the check but notified the plaintiff. It also includes a counterclaim seeking 20,000 PHP in attorney's fees from the plaintiff.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    104 views9 pages

    Tabanda Answer

    Uploaded by

    Miko Tabanda
    This document is an answer with affirmative defense and counter claim filed in response to a civil case regarding collection of a sum of money. It denies the allegations in the complaint regarding a check agreement and asserts that the parties instead agreed for the defendant to transfer ownership of his 2009 Subaru Impreza vehicle to the plaintiff in settlement of the debt. It admits the defendant previously had insufficient funds for the check but notified the plaintiff. It also includes a counterclaim seeking 20,000 PHP in attorney's fees from the plaintiff.

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    © All Rights Reserved
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    You are on page 1of 9

    Republic of the Philippines

    First Judicial Region


    Branch No. 05
    Regional Trial Court
    Baguio City

    Dianne J. Bugayong Civil Case No.


    172
    Plaintiff, For: Collection of
    Sum of Money
    Vs.
    Aileen S. Gamboa
    Defendant.
    x------------------------------------------------------------------------------------------x

    ANSWER WITH AFFIRMATIVE DEFENSE AND COUNTER CLAIM

    With great respect to this Honorable Court.

    Answering Dianne J. Bugayong (Plaintiff), Aileen S.


    Gamboa (Defendant) most humbly makes this Answer with
    Counterclaim:

    DENIALS

    1. Defendant specifically denies the allegations in


    paragraph 12 and 13 of the complaint. Defendant and
    plaintiff came to an agreement to novate the contract
    that instead of payment through a check defendant is to
    instead give his 2009 Subaru Impreza to plaintiff. A copy of
    the contract is hereto attached as Annex 1 together with
    the Official receipt Annex 2 and Certificate of Registration
    Annex 3 of the vehicle before transfer.

    2. Said agreement was made on February 18, 2017.

    3. The vehicle in the new contract was delivered on March


    1, 2017 represented by a receipt signed by the plaintiff

    1
    himself; a copy of said receipt is hereto attached as
    Annex 4.
    4. The vehicle was successfully transferred to petitioners
    name on March 10, 2017.

    5. Defendant admits the allegations in paragraph 11 of the


    complaint. Defendant admits that on the date which the
    check was post-dated, he indeed had insufficient funds in
    his bank account, however he was able to notify plaintiff
    of such on January 10, 2017 and informed him to not yet
    encash the check.

    COUNTERCLAIM

    9. Due to this case, defendant expects to incur or spend


    attorney’s fees of not less than TWENTY THOUSAND PESOS
    (P20,000.00).

    PRAYER

    WHEREFORE, it is respectfully prayed of the Honorable


    Court that after hearing, it shall issue an order decreeing:

    10. That CIVIL CASE NO. 172 be dismissed.

    11. Order plaintiff to pay defendant actual attorney’s fees


    incurred in the amount of not less than TWENTY THOUSAND
    PESOS (P20,000.00).

    RESPECTFULLY SUBMITTED.

    In the City of Baguio, Philippines, this 25th day of August,


    2018.

    TABANDA LAW OFFICE


    Suite 308 3/F Laperal Building
    2
    Session Road, Baguio City
    2600 Philippines
    Telefax (083)552-5627
    Email: mikotabanda@gmail.com

    ________________________________
    ATTY. MIKAEL LORENZO TABANDA
    Roll No. 51814
    IBP No. 021828-08/05/2017,
    Baguio City
    PTR No. 082818-08/06/2017,
    Baguio City

    3
    VERIFICATION

    I, Aileen S. Gamboa, single, of legal age and resides at


    No. No. 231 Aurora Hill, Philippines, after having been duly
    sworn in accordance with law, do hereby depose and state
    that:

    1. I am the defendant in this case;

    2. I have caused the filing of the above answer;

    3. I have read the contents thereof and the facts thereon


    are true and correct according to my personal
    knowledge and on the basis of the copies of the
    documents and records I hold in my possession;

    4. I have not commenced any action or proceeding


    involving the same issues before the Supreme Court,
    Court of Appeals or before any tribunal or agency;

    5. To the best of my knowledge, there is no such pending


    action or proceeding before the Supreme Court, Court
    of Appeals or before any 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, 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 hereunto sign my hand this 25th day of


    August, 2018.

    AILEEN S. GAMBOA

    4
    Subscribed and sworn to me this 25th day of August, 2018,
    in the City of Baguio, Philippines.

    WITNESS MY HAND AND NOTARIAL SEAL.

    Doc. No. 29 ATTY. SAUL ARIES MARCK ORTIZ


    Page No. 32 Roll No. 5551: 03-02-10
    Book No. XVII IBP Lifetime: 3356
    Series of 2018 MCLE Compliance: II 12345
    PTR No. 86710

    5
    ANNEX 1

    CONTRACT

    6
    ANNEX 2

    OFFICIAL RECEIPT

    7
    ANNEX 3

    CERTIFICATE OF REGISTRATION

    8
    ANNEX 4

    RECEIPT

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