REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
6th JUDICIAL DISTRICT
BRANCH __
City of Iloilo
123 Euro Drug,
Duly represented by
MARIA MERCEDES,
Plaintiff,
CIVIL Case No. ______
For: Sum of Money with Damages
-versus-
JUAN DELA PONCE,
Defendant.
x---------------------------------------x
ANSWER
WITH AFFIRMATIVE DEFENSES
COMES NOW, Juan Dela Ponce (hereinafter referred to as the
defendant), Atty. Maria Louisa Belle J. Guyod and unto this Honorable
Court, most respectfully states:
TIMELINESS
The defendant received a copy of the Complaint on February 26, 2024. The
defendant is given a period of five (5) days within which to file his
responsive pleading or until March 2, 2024, hence the timeliness of the
same.
ADMISSIONS AND DENIALS
1. The defendant admits paragraphs 1, 2, 3, 14, and 16 as to the personal
circumstances of the defendant.
2. The defendant admits paragraphs 4, 5, 6, 7, 8, 9 and 10 as to the fact
that the aforementioned series of events transpired.
3. The defendant specifically denies paragraph 11 and 17 for lack of
personal knowledge.
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4. The defendant PARTLY admits paragraph 12 as to the existence of a
Company Loan Agreement, also known as Employee Loan
Agreement based on the title of the form, executed between the
plaintiff and defendant. Although the same was executed, the content
of the Employee Loan Agreement is not consistent with the copy in
the possession of the defendant. Original copy of the Company Loan
Agreement is herewith attached and marked as Annex "A" and made
integral part hereof.
5. The defendant PARTLY admits paragraph 13 because the defendant
does not recognize the Company Loan Agreement, also known as
Employee Loan Agreement based on the title of the form, executed
between the plaintiff and defendant.
6. The defendant specifically denies paragraph 15 due to it being
inconsistent with the content of the Company Loan Agreement also
known as Employee Loan Agreement based on the title of the form
(Annex A) in the possession of the defendant. Clause contained in the
Company Loan Agreement are as follows:
“Separation Clause. If the employee decides to resign/terminated,
his/her entire remaining balance shall become due and demandable
upon demand. He/she shall settle his/her remaining balance based
on a new agreement to be executed.”
7. The defendant admits to paragraph 18 as to the obligation owed by the
defendant in favor of the plaintiff.
8. The defendant specifically denies paragraph 19 and 20 because it
failed to exhaust all means to recover the money. Thus, for failure of
the plaintiff to exhaust all possible means to recover the money, the
defendant shall not be held liable for all the damages, attorney fees,
pleading, research fee and appearance fee of plaintiff’s lawyer, and
litigation expenses incurred by the plaintiff.
COMPLIANCE WITH SECTION 6, RULE 7
OF THE 2020 AMENDMENTS TO
THE 1997 RULES OF CIVIL PROCEDURE
9. To prove his case, the Defendant is presenting his witness and will,
accordingly, give the following testimony, to prove, among others
that:
a. Mr. Juan Dela Ponce, defendant, in good faith and willingly
submits to pay plaintiff the sum of Php 356,866.27 by virtue of
the three (3) pages Incident Report Form that I have executed
on September 14, 2021 in favor of the plaintiff. However, I do
not submit myself to the payment of damages, attorney fees,
pleading, research fee and appearance fee of plaintiff’s lawyer,
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and litigation expenses incurred by the plaintiff for the failure
of the defendant to exhaust all possible remedies.
10. The Judicial Affidavit of the Defendant marked as Annex B is hereto
attached and made integral part hereof;
11. The other documentary evidence to support the material allegations in
the answer are attached, either to the Answer itself, or to the Judicial
Affidavits of the witnesses who identifies the same in the course of
their testimony, marked as Annex A and B and made integral parts
hereof;
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most
respectfully prayed of this Honorable Court that after due hearing, judgment
be rendered in favor of defendant in this manner:
1. Plaintiffs prays for an opportunity to pay the sum of Php 356,866.27
by virtue of the three (3) pages Incident Report Form;
2. Denying the complaint on payment of damages, attorney fees,
pleading, research fee and appearance fee of plaintiff’s lawyer, and
litigation expenses incurred by the plaintiff for the failure of the
defendant to exhaust all possible remedies.
3. Other relief and remedies as may be deemed just and equitable under
the premises are likewise prayed for.
RESPECTFULLY SUBMITTED.
Iloilo City, Iloilo, Philippines, 29th day of February 2024.
ATTY. MARIA LOUISA BELLE GUYOD
LEAD COUNSEL
PTR No. 7896899 / Iloilo City / 5/20/2024
IBP No. 213685 / Iloilo City / 5/20/2024
Roll of Attorney’s No. 81505
MCLE Initial Compliance until April 14, 2027
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Republic of the Philippines)
City of Iloilo) S.S.
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, JUAN DELA PONCE, Filipino, of legal age, married and residing at
Sitio 9, Viejo, Sto. Niño, Iloilo City, under oath, depose and state:
1. That I am of the defendant in the above-entitled case;
2. That I have caused the preparation and filing of the foregoing answer;
3. That I have read and understood the contents thereof and the same are
true and correct of my own knowledge and based on authentic
records;
4. I have caused the filing of this Answer not to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
5. The factual allegations therein have evidentiary support, or if
specifically so identified, will likewise have evidentiary support after
a reasonable opportunity for discovery;
6. I further certify under oath that no petition or any court action or
proceeding involving the same issue has heretofore been commenced
by us with the Supreme Court, the Court of Appeals, their different
Divisions, or any other tribunal or agency, and to the best of our
knowledge, no such action is pending before any of the foregoing
tribunals or agencies; and
7. If I should hereafter learn that a similar action or proceeding has been
filed or is pending before any of the above-mentioned tribunals or
agencies, I undertake to promptly inform this Honorable Court of such
within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this
th
29 day of February 2024 in Iloilo City, Iloilo, Philippines.
JUAN DELA PONCE
Affiant
SUBSCRIBED AND SWORN to before me at Sto. Niño Sur,
Arevalo, Iloilo City, this 29th day of February 2024, who has satisfactorily
proven to me his identity through her Passport with Passport No. 658952365
valid until August 29, 2028, to be the same person who presented and
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personally signed before me this Verification and Certification on Non-
Forum Shopping and attested that the contents thereof are true and correct;
and that she voluntarily executed the same.
ATTY. MARIA LOUISA BELLE GUYOD
NOTARY PUBLIC
A.M. No/Comm. No. 5684365
June 30, 2020 / Iloilo City
Commission expires on Dec. 31, 2025
Roll of Attorney Number: 81505
IBP No. 213685 / Iloilo City / 5/20/2024
PTR No. 7896899 / Iloilo City / 5/20/2024
MCLE Comp. 566842
April 14, 2020 until April 14, 2027
Sto. Niño Sur, Arevalo, Iloilo City / 09563485526
email address: attymlbg@bayombong&guyodlaw.com
Doc No. 0095
Page No. 1184
Book No. 0023
Series of 2024
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