Republic of the Philippines FIRST MUNICIPAL CIRCUIT TRIAL COURT OF ARORO-BALENO

Fifth Judicial RegionAroroy, Masbate

LOVELY TUBAY,Plaintiff, CIVIL CASE NO. 0010125

- versus - - for –

ROSELYN CUSPAO, COLLECTION OF SUM OF Defendant. MONEY WITH DAMAGES

X - - - - - - - - - - - - - - - - - - - - - X

A N S W E R

The Defendant, by the undersigned counsel, to this Honorable Court and in answer to the

Plaintiff’s complaint, most respectfully aver:

1. That the Defendants admit the allegations contained in paragraph 1 of the complaint but deny the allegations contained in paragraphs 2, 3, and 4 of the same having no knowledge sufficient to form a belief as to the truth and veracity of the same, the true facts being embodied in the special and affirmative defenses of this answer; and

2. That they likewise deny the allegations contained in paragraphs 5 and 6 of the complaint for being speculative and baseless under the circumstances.

SPECIAL AND AFFIRMATIVE DEFENSES

1. That the complaint states no cause of action;

2. That no sale ever transpired and that the promissory note issued to Ms. Tubay was a fabricated document and the defendant’s signature forged.

3. That in order to protect the rights and interests of the defendants, they solicited the services of counsel for which they obliged themselves to pay the sum of Fifteen Thousand Pesos ( P15,000.00) as acceptance for attorney’s fee plus Five Thousand Pesos ( P5,000.00 ) per appearance in court of counsel and they incurred and will incur the sum of Ten Thousand Pesos ( P10,000.00) as litigation expenses for which these amounts should be reimbursed by the plaintiff; and

4. That by reason of the filing of this instant action, the defendants had suffered mental anguish, wounded feelings, sleepless nights, serious anxities and other similar sufferings for which the same could be atoned by condemning the plaintiff to pay them the sum of Twenty Thousand Pesos ( P20,000.00 ) as moral damages and to give a lesson to the plaintiff and to deter others from doing the same act, a further sum of Ten Thousand Pesos ( P 10,000.00 ) as sundry litigation expenses.

WHEREFORE, premises considered, it is most respetfully prayed that judgment issue in

favor of the defendants and against the plaintiff, the following:

a. Ordering the dismissal of the complaint with costs against the plaintiff;b. Ordering the plaintiff to pay the defendants the following sums: Twenty Thousand

Pesos ( P20,000.00 ) as moral damages; Ten Thousand Pesos (P10,000.00 ) as exemplary damages; Fifteen Thousand Pesos ( P15,000.00) as acceptance for attorney’s fee plus Five Thousand Pesos ( P5,000.00 ) per appearance in court of counsel and Ten Thousand Pesos ( P10,000.00) as sundry litigation expenses; and

c. Such other reliefs and remedies just and equitable in the premises.

Aroroy, Masbate, February 25, 2015.

Copy furni

CERTIFICATION

I, ROSELYN C. CUSPAO, Filipino, of legal age, resident of Poblacion, Aroroy, Masbate, Philippines, under oath, hereby depose and say: I am the defendant in the above-entitled case; that I have caused the preparation and filing of the foregoing answer; that I have read and understood all the allegations contained therein and that the same are true and correct to the best of my knowledge and belief.

Aroroy, Masbate, February 25, 2015.

ROSELYN C.CUSPAO Defendant

SUBSCRIBED AND SWORN to before me this 25th of February 2015 at Aroroy, Masbate, Philippines.

Copy furnished:

Atty. HILDA ANGELIE BERNALCounsel for the PlaintiffAroroy, Masbate

LANIE C. LAURIOCounsel for the DefendantsRoll of Attorney No. 56567

IBP O.R. No. 654321 (11/20/15)PTR O.R. No. 0134876(10/10/14)

Aroroy, MasbateMCLE No. 145879 (01/08/14)

LANIE C. LAURIORoll of Attorney No. 56567

IBP O.R. No. 654321 (11/20/15)PTR O.R. No. 0134876(10/10/14)

Aroroy, MasbateMCLE No. 145879 (01/08/14)