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    Civil Complaint

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    cycc
    Laurence Gumabao was sued by Anne Curtis for failing to repay a loan of PHP 450,000 within 365 days as agreed. In his answer, Gumabao admits receiving a loan but denies the amount was PHP 450,000 and that it had to be repaid within a year. He claims the actual amount agreed was PHP 200,000. Gumabao also argues the promissory note is invalid as it was not certified by a notary public. As a counterclaim, Gumabao is seeking PHP 20,000 in litigation costs from Curtis.

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    Civil Complaint

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    cycc
    93 views3 pages
    Laurence Gumabao was sued by Anne Curtis for failing to repay a loan of PHP 450,000 within 365 days as agreed. In his answer, Gumabao admits receiving a loan but denies the amount was PHP 450,000 and that it had to be repaid within a year. He claims the actual amount agreed was PHP 200,000. Gumabao also argues the promissory note is invalid as it was not certified by a notary public. As a counterclaim, Gumabao is seeking PHP 20,000 in litigation costs from Curtis.

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    Laurence Gumabao was sued by Anne Curtis for failing to repay a loan of PHP 450,000 within 365 days as agreed. In his answer, Gumabao admits receiving a loan but denies the amount was PHP 450,000 and that it had to be repaid within a year. He claims the actual amount agreed was PHP 200,000. Gumabao also argues the promissory note is invalid as it was not certified by a notary public. As a counterclaim, Gumabao is seeking PHP 20,000 in litigation costs from Curtis.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    93 views3 pages

    Civil Complaint

    Uploaded by

    cycc
    Laurence Gumabao was sued by Anne Curtis for failing to repay a loan of PHP 450,000 within 365 days as agreed. In his answer, Gumabao admits receiving a loan but denies the amount was PHP 450,000 and that it had to be repaid within a year. He claims the actual amount agreed was PHP 200,000. Gumabao also argues the promissory note is invalid as it was not certified by a notary public. As a counterclaim, Gumabao is seeking PHP 20,000 in litigation costs from Curtis.

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    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    NATIONAL CAPITAL JUDICIAL REGION
    BRANCH 153
    TAGUIG CITY

    ANNE D. CURTIS
    Plaintiff,

    - Versus - Civil Case No. 04-95283


    For: Collection for a Sum of
    Money with damages

    LAURENCE S. GUMABAO,
    Defendant.

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

    ANSWER

    COMES NOW, the Defendant by undersigned Counsel and unto this


    Honorable Court, and in answer to plaintiff’s complaint in the above-
    mentioned case, respectfully allege:

    1. That Defendant admits the contents of in Paragraphs 1, 2 and 3 of the


    complaint;
    2. That Defendant admits the contents of paragraph 4 of the complaint
    insofar as to the fact that both parties agreed to a loan on the condition
    that he must be paid back, but specifically denies that (a) Plaintiff made
    a condition that the loan must be paid within 365 days; (b) the agreed
    amount to be loaned is PHP 450,000.00, as explained in the Affirmative
    Defense below;
    3. That Defendant admits the contents of paragraphs 5 insofar as to the
    fact that he affixed his signature on the promissory note, but specifically
    denies that the amount of the loan granted to him was not PHP
    450,000.00, as explained in the Affirmative Defenses below;
    4. and 6 of the complaint;
    5. That Defendant admits the contents of paragraph 7 of the complaint
    insofar as to the fact that Plaintiff made verbal and written demands,
    but specifically denies that his failure to settle payment was without just
    and valid reason, as explained in the Affirmative Defenses below.

    AFFIRMATIVE DEFENSES

    6. Defendant reiterates and incorporates all the foregoing insofar as they


    are material, and additionally submit that the following defenses:

    1
    6.1. That Plaintiff made no mention of being paid back within
    365 days or one (1) year as the Defendant was under the
    impression that both parties agreed under the condition
    that Defendant must pay back Plaintiff, without a
    prescribed date specified;
    6.2. That Defendant alleges that the promissory note was
    fabricated as the principal amount that he and Plaintiff
    initially agreed upon on May 15, 2018 was Two Hundred
    Thousand Pesos (PHP 200,000.00);
    6.3. That said promissory note is invalid evidence and thus, not
    legally binding as it was not certified by the Notary Public;
    6.4. That Defendant did not receive any demand letter from
    the Plaintiff by reason that he was out of town at that
    time on a 1-month long back-packing trip. By the time
    Defendant got home, he was only notified of such
    demand letter in his email, along with a civil case filed
    against him one (1) day thereafter;
    6.5. That Defendant maintains that due to his current
    circumstances at that time, he was unable see his email
    and be notified of such demand letter.

    COUNTERCLAIM

    7. That by virtue of this act initiated by the plaintiff, Defendant was


    forced to seek the services of a legal counsel in the sum of Twenty
    Thousand Pesos (Php 20,000.00).

    WHEREFORE, premises considered, it is respectfully prayed before this


    Honorable Court that the complaint be dismissed and order the plaintiff to
    pay the following:

    (1) Litigation costs amounting to Twenty Thousand Pesos (Php


    20,000.00)

    Other equitable reliefs are likewise prayed for.

    Taguig City, Philippines, Aug 24, 2019.

    TOM J. WELLING
    Attorney for the Defendant
    5/F Sullivan Building,
    San Lorenzo, Makati City
    PTR No. 1054321,1-20-99
    IBP No. 742948, 1-23-03

    2
    Republic of the Philippines )
    Taguig City ) S.S.

    VERIFICATION AND CERTIFICATION

    I, Laurence S. Gumabao, of legal age, Filipino, single, and a resident of Unit


    28-K, One Uptown Residences, Bonifacio Global City, Taguig City, Metro
    Manila, after being sworn in accordance with law, hereby depose and say:

    1. That I am the Defendant in the above-entitled case;


    2. That I have caused the preparation of the above Complaint Answer and
    I have read the same and understood the contents thereof;
    3. That the allegations contained therein are true and correct of my own
    personal knowledge and based on authentic records;
    4. That I further certify that: I have not theretofore commenced any other
    action or proceeding or filed any claim involving the same issues in any
    court, tribunal or quasi-judicial agency and, to the best of my
    knowledge, no such action or proceeding is pending therein; if we
    should thereafter learn that the same or similar action or proceedings
    has been filed or is pending before the Supreme Court, the Court of
    Appeals, or any other tribunal or quasi-judicial agency; I undertake to
    report such fact within five (5) days therefrom to the court or agency
    wherein the original pleading and sworn certification contemplated
    herein have been filed.

    IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of


    August, 2019 at Taguig City, Metro Manila, Philippines.

    LAURENCE S. GUMABAO
    Affiant

    SUBSCRIBED AND SWORN to before me in Taguig City this 24th day of


    August 2019, affiant Laurence S. Gumabao, who has satisfactorily proven to
    me her identity through her Government-issued Driver’s License with license
    no. D19-18-0110218 valid until October 29, 2022.

    Doc. No. ____;


    Page No. ____;
    Book No. ____;
    Series of 2019

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