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I.  Admissions

a.  Defendants name

b. 

Placement of purchase orders

c. 

Sales invoice

II. 

Denials

a.  Specific

i.  Receipt of demand letter the truth of the matter being that, the defendant

received no demand letter, defendant was out of the country from August 15,

2014-September 7 2014

ii.  Failure to pay the truth being

b.  Disavowal of knowledge

i. 

Plaintiffs name

ii. 

President

iii. 

Creation of demand letter

iv. 

Compelled to file instant action?

III.  Affirmative allegations

a.  defendant placed purchase orders of Samsung phone, but upon inspection after receipt

of the goods, defendant found out that the goods are defective and are fake

b.  That defendant went to plaintiff to return the orders and have them replaced with

original and authentic Samsung phones

c.  That plaintiff refused to replace the goods averring that the goods delivered were in

good condition as stated in the sales invoice

d. 

Upon refusal of plaintiff to replace the goods, defendant tried to return the 40 samsung

phones to plaintiff, averring that the contract be rescinded

IV.  Affirmative defenses

a.  Lack of cause of action

i.  HEIRS OF LORETO C. MARAMAG vs EVA VERNA DE GUZMAN MARAMAG et al.

G.R. No. 181132 June 5, 2009

A cause of action is the act or omission by which a party violates a right of another.[16] A complaint

states a cause of action when it contains the three (3) elements of a cause of action—(1) the legal

right of the plaintiff; (2) the correlative obligation of the defendant; and (3) the act or omission of the

defendant in violation of the legal right. If any of these elements is absent, the complaint becomes

vulnerable to a motion to dismiss on the ground of failure to state a cause of action.[17]

ii.  FLUOR DANIEL, INC.-PHILIPPINES vs E.B. VILLAROSA &

PARTNERS CO., LTD., July 27, 2007 g.r.159648 

The essential elements of a cause of action are as follows: 1) A right in favor

of the plaintiff by whatever means and under whatever law it arises or is

created; 2) An obligation on the part of the defendant not to violate such

right; and 3) An act or omission on the part of the defendant in violation of the

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right of the plaintiff or constituting a breach of the obligation of the defendant

to the plaintiff for which the latter may maintain an action for recovery of

damages or other relief .[12]

 

It is, thus, only upon the occurrence of the last element that a cause of action

arises, giving the plaintiff a right to file an action in court for recovery of

damages or other relief .[13]

  The test of sufficiency of facts alleged in the

complaint as constituting a cause of action is whether or not admitting the facts

alleged, the court could render a valid verdict in accordance with the prayer of

the complaint.[14]

  That in determining sufficiency of cause of action, the court

takes into account only the material allegations of the complaint and no other,

is not a hard and fast rule. In some cases, the court considers the documents

attached to the complaint to truly determine sufficiency of cause of action.[15]

 

We have ruled that a complaint should not be dismissed for insufficiency of

cause of action if it appears clearly from the complaint and its attachments that

the plaintiff is entitled to relief .[16]

  The converse is also true. The complaint may

be dismissed for lack of cause of action if it is obvious from the complaint and its

annexes that the plaintiff is not entitled to any relief.

b. 

Venue

c. 

Extinguished

V.  Counterclaim

a.  Exemplary damages?

VI. 

Prayer

WHEREFORE, premises considered, defendant prays that the complaint be dismissed

for lack of merit.

Other relief and remedies as may be deemed just and equitable under the premises are

likewise prayed for