REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

REGION 7
Branch __, CEBU

BIEN E. EVANGELISTA
Plaintiff,
Civil Case No. _________
-versus- For: Collection of Sum of Money

CAMILLA Y. DELA TORRE

Defendant.
X-----------------------------------------X

ANSWER

COMES NOW the Defendant, through the undersigned counsel and

unto this Honorable, respectfully avers that:

1. Paragraph 1 of the Complaint insofar as the personal circumstances of

the Defendant is concerned is admitted. The portion pertaining to the
personal circumstances of the Plaintiff is specifically denied for lack of
knowledge or information on the veracity of falsity thereof;

2. Paragraphs 2 and 3 are hereby admitted;

3. Paragraph 4 is admitted insofar as it alleges that the amount of

THREE MILLION PESOS (Php 3,000,000.00) was paid by Defendant
Camilla though online bank transfer via ENG Bank as downpayment for the
price of the wedding gown and the gowns for the entourage. However, it is
specifically denied that Defendant Camilla Dela Torre received and signed a
contract purportedly sent by Plaintiff evidencing the agreement for the
contract of sale entered into by the parties. The truth of the matter is that no
contract, sent through the Telegram Application or in any manner or
platform, was received and signed by Defendant Camilla Dela Torre.
Further, it is categorically denied that an agreement to pay the remaining
balance for the purchase price on 21 May 2019 was agreed upon by
Defendant Camilla Dela Torre and the Plaintiff. The truth of the matter is
that no such agreement was made and agreed upon and no written or
electronic contract was signed by Defendant Camilla Dela Torre to that
effect;

4. Paragraph 5 is specifically denied for lack of knowledge or

information on the veracity or falsity of the allegation;

5. Paragraph 6 is specifically denied under oath for the truth of the

matter is that, on 30 April 2019, there was no meeting and delivery of the
gowns and entourage set for the reason that Defendant Camilla Dela Torre
was, at the time, visiting her ailing grandmother in Dubai. Attached is a copy
of the Airline Ticket dated 29 April 2019 in the name of Camilla Dela Torre,
marked as “Annex 1”;
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6. Paragraph 7 is specifically denied for the truth of the matter is that no
agreement was reached between the parties as to the payment of the balance
of the purchase on the date specified in Paragraph 7 of the Complaint;

7. Paragraph 8 is categorically denied for the truth of the matter is that

no demand, written or otherwise, was received by Defendant Camilla Dela
Torre for the payment of the balance of the purchase price;

8. Paragraphs 9, 10, and 11 are specifically denied for lack of knowledge

or information on the veracity or falsity of the matter.

AFFIRMATIVE DEFENSES

9. Defendant Camilla Dela Torre entered into a contract of sale with the
Plaintiff for the purchase of an expensive couture wedding gown and
entourage set;

10. Sometime in August 2018, the Plaintiff and the Defendant agreed that
the delivery of the gowns to Defendant Camilla would be on the 12 th of April
2019, one (1) week before the pre-wedding shoot of Defendant Camilla with
renowned photographer BJ Pascual. The delivery was agreed to be shipped
to 21e Andres Abellana, Guadalupe, Cebu City in the name of Camilla Y.
Dela Torre. Attached is the Electronic Mail exchanges between the Plaintiff
and the Defendant marked as “Annex 2”;

11. On the 1st day of April 2019, Defendant Camilla Dela Torre reminded
the Plaintiff of the date on which the gowns were due for delivery.
Defendant Camilla reiterated this reminder on the 10 th day of April 2019. In
both instances, Plaintiff assured Defendant Camilla that the beautiful
expensive gowns would be delivered and received by her on the 12 th of April
2019. Attached are the Electronic Mail exchanges between the Plaintiff and
the Defendant, marked as “Annex 3”;

12. On the 12th day of April 2019, the gowns did not arrive at the
stipulated address. On the evening of the same day, Defendant Camilla sent
a text message to the Plaintiff demanding the delivery of the gowns, to
which the plaintiff did not reply. Attached is the printed output of the text
messages, marked as “Annex 4”; (phrase the text messages in a way na dili
siya mahug as a demand, “hello madam! Kumusta gowns?” ing-ana lang)

13. On the 14th day of April 2019, Defendant Camilla expressed to the
Plaintiff through a text message that she is ready and willing to pay the
balance of the purchase price, if the Plaintiff would demand, and that she is
demanding the delivery of the gowns on the very same day. Attached is the
output of the text messages marked as “Annex 5”; (same as Annex 5 lang
dapat ang tenor, dili siya categorical demand and iya willingness kay dili
gyud willingness, like iya text ra kay “Hi madam! Ganda ba gowns ko? My
echosera friend paid me her utang na, I have money!!! Yay!”) (Pero later on
it will be discovered na iya ra diay gibuhat2 ang text messages, and sa other
people niya gisend or anything which would make Camilla a liar)
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14. The Plaintiff, ultimately, failed to deliver the gowns which were
already partially paid;

15. The failure of the Plaintiff to deliver the gowns caused the
cancellation and the forfeiture of the advance payment for the pre-wedding
shoot with renowned photographer BJ Pascual. The forfeited payment
amounted to THREE HUNDRED THOUSAND PESOS (Php 300,000.00).
Further, the cancellation caused Defendant Camilla great embarrassment and
humiliation as she became the subject of a tabloid news “Feelingerang
Merlat di sinipot si BJ Pascual”;

16. Worse, the continued failure of the Plaintiff resulted to the

cancellation of the wedding of Defendant Camilla with her boyfriend of ten
(10) years, Benedict Chua, which eventually lead to the demise of the happy
relationship between the two lovers; (this could also be a lie, basta bakakon
si Camilla)

17. Defendant Camilla spent millions of pesos for the wedding which
never materialized due to the Plaintiff’s failure to comply with her
obligation. Attached are receipts for all the wedding-related expenses paid
for by Defendant Camilla, marked as “Annex 5-A, 5-B, etc”; (kani di ta
maghatag ug official receipt, mga sinuwat ra ni Camilla ato i-present, kay
namakak ra man sya lol, except sa 3million na admitted)

18. Plaintiff’s failure to comply with her obligation resulted to the break-
up of the happy relationship between Defendant Camilla and her fiancé, for
which Camilla suffered anxiety and sleepless nights. The Defendant, hereby,
claims moral damages of Php 50,000.00;

19. Lastly, Defendant Camilla was forced to avail of the services of a

counsel to resist the unwarranted and malicious suit of the Plaintiff, for
which she paid a professional fee of Php 50,000.00 and Php 5,000.00 per
court appearance.

WHEREFORE, premises considered, it is respectfully prayed before

the Honorable Court to DISMISS the complaint filed against Defendant
Camilla Dela Torre for lack of merit and to order the Plaintiff to pay the
following:

a. Actual damages of FOUR MILLION PESOS (Php 4,000,000.00);

b. Moral damages of FIFTY THOUSAND PESOS (Php 50,000.00);
and
c. Attorney’s fee in the amount of FIFTY THOUSAND PESOS (Php
50,000.00) plus FIVE THOUSAND PESOS (Php 5,000.00)
per court appearance.

Other reliefs and remedies deemed just and equitable are likewise prayed
for.
Cebu City, Cebu, Philippines. 11 November 2019.

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 DEANARRA JILL BALAGASAY
Counsel for the Defendant
Notarial Commission No. 102-15; until Dec. 31, 2019
RM 501, EH Bldg., Pelaez St., Cebu City, Philippines.
Roll No. 40123
PTR No. 83321334 - 1/15/19
IBP No. 1234343 - 1/12/19
MCLE Compliance IV-0092380932 until 1/20/20

REPUBLIC OF THE PHILIPPINES)

CITY OF CEBU )SS.
X-----------------------------------------X

VERIFICATION AND CERTIFICATION

I, Camilla Dela Torre, of legal age, single and a resident of 21e

Andres Abellana, Guadalupe, Cebu City, after duly being sworn to in
accordance with law, hereby depose and say:

That I am the Petitioner of the above-entitled case; That I have

caused the preparation of the above Petition and I have read the same and
knows the contents thereof; That the allegations contained therein are true
and correct of my own personal knowledge.

That I further certify that: (a) I have not theretofore commenced any
action or filed any action or claim involving the same issue in any court,
tribunal or quasi-judicial agency and, to the best of my knowledge, no such
other pending action or claim is pending therein; ( b) If there is such other
pending action or claim, a complete statement of the present status thereof;
and (c) If I should thereafter learn that the same or similar action or claim
has been filed or is pending, I shall report that fact within five (5) days
therefrom to the court wherein the aforesaid complaint or initiatory pleading
has been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 11th of November 2019, Cebu City, Cebu, Philippines.

CAMILLA DELA TORRE

Affiant

SUBSCRIBED AND SWORN to before me, this 11th day of

November 2019 at Cebu City, Cebu, Philippines, affiant having exhibited to
me his Driver’s License Number H12-10-001881 issued on Oct 19, 2018 at
Cebu City, Cebu Philippines.

ATTY. RAUL JOSEPH ESPARCIA

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 Commission No. 100-20
NOTARY PUBLIC CITY & MUNICIPALITIES
OF CEBU
Until 31 December 2021
CRUZ & CRUZ
Unit 711, 7th Flr. TGU Tower, Asiatown, I.T.
Park, Cebu City
Roll of Attorney No. 65110
PTR No. 123456 - 12/30/2018 - Cebu Province
IBP Lifetime No. 123456 - Cebu Province
MCLE Compliance No. 123400 until 1/20/20
Doc. No. ___
Page No. ___
Book No. ___
Series of 2019