Republic of the Philippines

6TH JUDICIAL REGION

Regional Trial Court
Branch 25
Iloilo City

MARIO A. SAKAY, Civil Case No. CV-2018-23

Plaintiff,
For: Collection of Sum of
-versus- Money with Damages

TOMAS B. TIMBO,
Defendant.
x--------------------------------x

ANSWER

DEFENDANT TOMAS B. TIMBO, by undersigned counsel,

unto this Honorable Court most respectfully states that:

1. Paragraphs one (1) and two (2) of the Complaint are admitted;

2. Paragraphs four (4) of the Complaint is denied for lack of

knowledge or information sufficient to form a belief as to the veracity
or falsity thereof, the allegation therein being matters known only to
and are within the control only of the plaintiff;

3. Paragraph five (5) to seven (7) of the Complaint are denied

insofar as it alleges that the defendant owes the plaintiff a sum of
money and fails to pay the same, the truth being those alleged in the
special and affirmative defenses part hereinbelow;

SPECIAL AND AFFIRMATIVE DEFENSES

1. On February 14, 2018, the Defendant and the Plaintiff did not
see each other because the former was having a business meeting in
Davao City as evidenced by the photos of group pictures of the said
business meetings, attached herein, marked as Annex “A”, and made
an integral part hereto. Such photos are provided by the
photographer himself of such business meetings.

2. That Defendant did not sign the alleged promissory note; and
that Defendant’s signature is forged.

3. On February 13 to 15 2018, the Defendant and the Plaintiff did

not see each other because the former went to Baguio City with his
wife to celebrate the Valentine’s Day and to visit his wife’s relatives
as evidenced by the photocopy of entry/exit of vehicles monitoring
sheet, attached herein, marked as Annex “B”, and made an integral
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part hereto. Such monitoring sheet is issued by the Gate Security
Department of the Subdivision where the Defendant resides.

COMPULSARY COUNTERCLAIM

1. By reason of the abuse of right committed by the plaintiff and

by reason of the instant precipitate and unfounded suit, the
defendant was constrained to hire the services of a lawyer to defend
his rights and interests for a professional fee of Thirty-Thousand
Pesos (₱30,000.00) and Three Thousand Pesos (₱3,000.00) per court
appearance;

2. Similarly, the plaintiff’s unfounded suit has caused the

defendant mental anguish, wounded feelings, sleepless nights,
serious anxieties, and other similar sufferings for which the
defendant claims moral damages of Two Hundred Thousand Pesos
(₱200,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully

prayed to this Honorable Court the dismissal of the complaint for
lack of merit with costs against the plaintiff; and that the defendant’s
compulsory counterclaim be granted, i.e., moral damages of Two
Hundred Thousand Pesos (₱200,000.00), attorney’s fees of Thirty-
Thousand Pesos (₱30,000.00), and Three Thousand Pesos
(₱3,000.00) per court appearance and costs of suit.

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

Oton, Iloilo City. December 19, 2018.

ATTY. ANDREA B. DELOVIAR

Counsel for Petitioner
_________________ Law Office, CPT, Oton, Iloilo City
Roll of Attorneys No. __________
PTR NO. _______________, Iloilo City
IBP NO. ________________, Iloilo City
MCLE Comp. No. ____________________

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 VERIFICATION and CERTIFICATION OF NON-FORUM
SHOPPING

I, TOMAS B. TIMBO of legal age, Filipino, married, and a

resident of Bituon, Jaro, Iloilo City, after having been duly sworn to
in accordance with law, hereby depose and state that:

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

2. I have caused the preparation and filing of the foregoing

Answer and have read the allegations therein, and that they are true
and correct of my personal knowledge and belief and based on
authentic documents;

3. I have not commenced any other action or proceeding

involving the same issues before the Supreme Court, Court of
Appeals or any other tribunal or agency and, to the best of my
knowledge, there is no such action or proceeding pending before any
tribunal;

4. If I should 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 have hereunto set my hand this 9th

of January, 2019 in _______________, Iloilo City.

TOMAS B. TIMBO
Affiant

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 SUBSCRIBED AND SWORN to before me this January 9, 2019
in ____________, affiant exhibiting to me her driver’s license with No.
L01-12347890 issued on May 2017, as competent proof of her
identity.

ATTY. ANDREA B. DELOVIAR

Counsel for Petitioner
_________________ Law Office, CPT, Oton, Iloilo City
Roll of Attorneys No. __________
PTR NO. _______________, Iloilo City
IBP NO. ________________, Iloilo City
MCLE Comp. No. ____________________

Doc. No. __;

Page No. __;
Book No.__;
Series of _____;

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