Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 41
Dumaguete City
BEATRIZ CHEENI S. DY, Case No. 100251
Plaintiff, For: Sum of Money
-versus-
KERYNNE L. RAMOS,
Defendant,
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ANSWER
Defendant, through counsel, and in answer to plaintiff’s complaint,
respectfully states that:
1. She admits the allegations contained in paragraphs 1, 2, and 3 of the
complaint;
2. She denies the allegations in paragraphs 4 and 5 of the complaint.
AFFIRMATIVE DEFENSES
1. The alleged indebtedness has already been paid by the defendant, as
shown, and evidenced by the receipt issued by the plaintiff on
November 5, 2020. A copy of the receipt is hereto attached and marked as
Annex “1” and made integral part hereof.
2. The Honorable Court has no jurisdiction over the subject matter of the case
since the alleged claim of the plaintiff is ₱ 250,000.00.
OCA Circular No. 45-2019 which amended the amounts under the Revised
Rules of Procedure for Small Claims Cases provides that:
Section 2. Scope- Theses Rules shall govern procedure in
actions before the Metropolitan Trial Courts (MeTCs),
Municipal Trial Courts in Cities (MTCCs), Municipal Trial
Courts (MTCs) and Municipal Circuit Trial Courts (MTCTs) for
payment of money where the value of the claim does not exceed
the jurisdictional amount of these courts under Republic Act
No. (R.A.) 7691 (Four Hundred Thousand Pesos
[P400,000.00] for the MeTCs and Three Hundred Thousand
Pesos [P300,000.00] for the MTCCs, MTCs, and the
MCTCs), exclusive of interest and costs.
COUNTERCLAIM
1. By virtue of this unwarranted and malicious act initiated by the
plaintiff, defendant was forced to engage counsel in the sum of
₱ 25,000.00.
PRAYER
WHEREFORE, the defendant respectfully prays for judgment:
1. Dismissing the complaint for lack of merit with costs against plaintiff;
and
2. On the counterclaim, ordering plaintiff to pay the defendant the sum of
₱ 25,000.00.
Other reliefs and remedies as may be deemed just and equitable under
the premises are likewise prayed for.
Sibulan, March 26, 2021.
(sgd)
ATTY. JAIME RAPHAEL Y. SANTOS
Counsel for the Defendant
Unit 213 2F, Doña Yzabel Building
National Highway, Airport Road,
Sibulan, Negros Oriental
Roll of Attorney No. 11478
IBP Lifetime Member No. 09927
PTR No. 120345 (01/18/2021) Dumaguete City
MCLE Compliance No. VI-00078901
valid until April 14, 2022
VERIFICATION
I, KERYNNE L. RAMOS, of legal age, singe, Filipino, and a resident
of Unit 23, 2F, Don Milagros Building, Perdices Street, Dumaguete City,
having been sworn in accordance with law, hereby depose and state that:
1. I am the defendant in the above-entitled case;
2. I have caused the preparation of the foregoing Answer;
3. I have read and understood all the allegations contained therein;
4. I certify that they are all true and correct based on my own personal
knowledge and/or based on authentic records;
IN WITNESS WHEREOF, I have hereunto set my hand this
March 26, 2021 at the Municipality of Sibulan, Negros Oriental.
(sgd)
KERYNNE L. RAMOS
Defendant
SUBSCRIBED and SWORN to before me this March 26, 2021 at the
Municipality of Sibulan, Negros Oriental, Philippines. Affiant exhibited to me
her SSS ID No. 8214065 issued at Dumaguete City, Philippines.
(sgd)
MARIA MIKAELA Y. DELA CRUZ
Notary Public for Dumaguete City &
Municipalities of Sibulan, San Jose,
Valencia, Bacong, Dauin,
Zamboanguita, Siaton
Unit 204 2F, Don Pablo Building
National Highway, Airport Road,
Sibulan, Negros Oriental
Commission Serial No. 4031
Until December 31, 2021
Roll of Attorney No. 17895
IBP Lifetime Member No. 09715
PTR No. 17294 (01/18/2021)
Dumaguete City
MCLE Compliance No. VI-00057293
valid until April 14, 2022
Doc. No. 165;
Page No. 122;
Book No. VIII;
Series of 2021.
Copy furnished by personal delivery:
ATTY. MATTHIAS DOMICO Y. GARCIA
Counsel for the Plaintiff
Unit 414 4F, Doña Maria Building,
National Highway, Airport Road, Sibulan
