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Sample Answer With Counterclaim

Defendant files an answer and counterclaim in response to Plaintiff's complaint. [1] Defendant and Plaintiff were engaged to be married on December 12, 2012. [2] However, on that date Defendant was in a car accident which caused amnesia, and as a result he cannot recall past events or people. [3] Defendant claims Plaintiff is estopped from filing the complaint due to prescription, as she should have sued after the cancelled wedding. Defendant also files a compulsory counterclaim seeking attorney's fees of P20,000 and moral damages of P100,000 for the baseless and unfounded suit.

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Mary Joyce Lacambra Aquino
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492 views3 pages

Sample Answer With Counterclaim

Defendant files an answer and counterclaim in response to Plaintiff's complaint. [1] Defendant and Plaintiff were engaged to be married on December 12, 2012. [2] However, on that date Defendant was in a car accident which caused amnesia, and as a result he cannot recall past events or people. [3] Defendant claims Plaintiff is estopped from filing the complaint due to prescription, as she should have sued after the cancelled wedding. Defendant also files a compulsory counterclaim seeking attorney's fees of P20,000 and moral damages of P100,000 for the baseless and unfounded suit.

Uploaded by

Mary Joyce Lacambra Aquino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

____________ Trial Court


Tagbilaran City
Branch ___

Basha
Plaintiff,
versus Civil Case No.:
Popoy
Defendant.
x---------------------------------------x

ANSWER WITH COUNTERCLAIM

Defendant, through undersigned counsel, most respectfully


file this Answer in response to the Complaint of Plaintiff and
interpose as well his Counterclaim against the latter:

1. The Defendant affirms that he and the Plaintiff are both of


legal age and had arranged to marry last December 12, 2012.
They had been in a relationship beginning 2003 as they are
starting in their freshmen year in college;

2. But at 1:00 in the morning of December 12, 2012, Defendant


figured in a collision with a GV Florida Bus at Buntun Bridge
and the reason for the collision was still unidentified. A copy
of the police report is hereto attached as “Exhibit A”;

3. Before Defendant was involved in an accident, he had a fight


with the Plaintiff, Basha, also his then fiancée. Their dispute
centered on Basha having undergone several plastic surgeries
involving her nose, chin and breasts.

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Defendant got really furious and walked out on her. He even
cancelled their wedding. And to cool his head off, he decided
to drive around the city

4. Because of the collision, Defendant sustained head injuries


which resulted with him being in a state of amnesia. He
cannot recall any past events or persons. Attached is the
medical certificate issued by Dr. Dencio as “Exhibit B”;

5. Defendant was still in the state of amnesia and only recovered


last June 2013. Also attached is the his medical clearance
from Dr. Dencio as “Exhibit C”;

6. Defendant interposes that Plaintiff is estopped from filing the


Complaint because of prescription. If she really wanted to sue
her ex-boyfriend who jilted her during their wedding, she
should have done so after the wedding;

COMPULSORY COUNTERCLAIM
7. 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
P20,000.00 plus P3,000.00 per court appearance;

8. Plaintiff’s complaint is baseless and unfounded and that as a


result thereof, he was unnecessarily dragged into court and
compelled to incur expenses, and has suffered mental anxiety
for which the defendant claims moral damages of
P100,000.00.

WHEREFORE, premises considered, it is respectfully prayed


that the complaint be dismissed for lack of merit and the

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defendant’s compulsory counterclaim be granted, i.e. attorney’s fees
of P20,000.00 plus moral damages of P100,000.00, plus costs of suit.

The defendant respectfully prays for such and other reliefs as


may be deemed just and equitable in the premises.

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