Answer To Complaint

Republic of the Philippines
REGIONAL TRIAL COURT

5th Judicial Region
Branch 10
Legazpi City
AB C. IGNACIO,
Plaintiff, CIVIL CASE NO.___________
- versus – FOR: SUM OF MONEY
DE X. FORTUN
Defendants
ANSWER
COMES NOW, the defendant by undersigned Counsel and in answer to plaintiff’s
complaint in the above- entitled case, respectfully allege:
1. Defendant admits the averment in paragraph 1 of the complaint;
2. Defendant admits the contents of paragraph 2a, 2b, 2c and 2d;
3. Defendant specifically deny the allegation in the paragraph 2e of the complaint, the
truth being that, the defendant paid the second monthly installment of Fifty Thousand
Pesos (Php50,000.00) together with an interest of One Thousand Two Hundred Fifty
Pesos (Php1,250.00) or a total of Fifty One Thousand Two Hundred Fifty Pesos
(Php51,250.00), as evidenced by a receipt of the same date issued by the plaintiff and
signed by Mr. Xy Torre representative of the defendant who was authorized to pay. A
copy of which is herewith attached and marked as Annex “A” and made integral part
hereof;
4. Defendant specifically deny the allegation in the paragraph 2f, the truth the truth being
that, the defendant never received demand letter and that his signature was forged and
that he did not in fact signed and received the letters dated November 29, 2020 and
December 6, 2020 because the defendant is in a business trip on November 26, 2020
to December 9, 2020. As evidenced by the photocopy of boarding pass and stamped
passport for the flight of the defendant to Jeju, South Korea. (Annex “B”) Defendant
admit that the signature in the demand letter dated December 28, 2020 was his
signature but deny the content of the letter as it was not what he signed for.
5. Defendant specifically deny the averment in paragraph 2g of the complaint for the
reasons stated in the Affirmative Defenses below;
6. Any allegation not expressly and specifically admitted herein shall be generally denied.
AFFIRMATIVE DEFENSES
Having answered the Complaint, the Defendant, DE X. FORTUN, assert the following
enumerated Affirmative Defenses.
1. The defendant paid the second installment;
2. Signatures of the defendant are forged and that he did not in fact sign and receive the
alleged demand letters;
3. The defendant paid the third monthly installment as evidenced by a receipt of the same
date issued by the plaintiff and signed by Mr. Xy Torre, the representative of the
defendant who was authorized to pay. A copy of which is herewith attached and
marked as Annex “C” and made integral part hereof;
4. All statements and comments made by Defendants about Plaintiff were made by the
Defendants with good motive and were fair comments;
5. The Plaintiff has failed to sign the VERIFICATION & AFFIDAVIT OF NON-
FORUM SHOPPING attached in the complaint.
COUNTERCLAIM
Defendant, DE X. FORTUN allege;
1. That by virtue of this unwarranted and malicious act initiated by the Plaintiff,
Defendant are forced to engage counsel in the sum of Twenty Thousand Pesos
(P20,000.00)
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be

awarded the amount of Thirty Thousand Pesos (P30,000.00)
Other just and equitable reliefs are likewise prayed for.
January 10, 2021, Legazpi City
Andrew T. Oliver
ATTY. ANDREW T. OLIVER
Rawis, Legazpi City
Attorney’s Roll No. 54654
IBP No. 927307, Legazpi 1-05-2021
PTR No.3202399, Legazpi City, 1-9-2021
MCLE Compliance No. 1110016263, 05-31-2020
VERIFICATION/CERTIFICATION
I, DE X. FORTUN,of legal age, Filipino Citizen and residing at 541 Cruzada St. Legazpi City
after first having duly sworn to in accordance with law depose and say:
1. I am the defendants in the above- entitled case
2. I have caused the preparation of the foregoing complaint
3. The contents therein are true and correct to the best of my personal knowledge and
based on authentic documents.
4. I hereby certify that I have not commenced any action or proceeding involving the
same issue in any tribunal or agency, to the best of my own knowledge, no such
action or proceeding is pending in any other tribunal or agency and should I
thereafter learn that a similar action or proceeding has been filed or is pending in
Court, I will undertake to report such fact within five (5) days therefrom to the court
wherein this Petition and this certification have been filed.
IN WITNESS WHEREOF, I have hereunto affixed our signatures this 10th day of January
2021 in Legazpi City, Philippines.
D x Fortun
DE X. FORTUN
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of January 2021 by DE

X. FORTUN who has satisfactorily proven to me his identity through his Postal Identification No.
58482 issued at the City of Legazpi, Philippines on January 5, 2020, that he is the same person
who personally signed the foregoing affidavit before me and acknowledged that he executed the
same.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.
Andrew T. Oliver
Rawis, Legazpi City
IBP No. 927307, Legazpi 1-05-2021
ANNEX “A”
AKNOWLEDGMENT RECEIPT
RECEIVED from DE X. FORTUN the sum total of Fifty One Thousand Two
Hundred Fifty Pesos (Php51,250), inclusive of the 2.5% interest due on the
principal amount, as first installment payment for the loan secured on September
25, 2020 amounting to Three Hundred Fifty Thousand Pesos, (Php350,000.00).
Issued this 25th of November 2020.
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
Representative of De X. Fortun
ANNEX “B”
FORTUN, DE X.
26 Nov 2020
Thursday
ANNEX “C”
Issued this 25th of December 2020.
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
CERTIFICATE OF SERVICE
We certify that on 10th of January 2021 the original of this document was filed with the
Clerk of Court; and, a true and accurate copy of this document was served on the other party mail,
addressed to the following:
CC: ATTY. CRISANTO DELA CRUZ

ANST Building 2nd Floor, Washington Drive, Legazpi City 4500
D x Fortun
DE X. FORTUN
Defendant
EXPLANATION
A copy hereof is served on opposing counsel and the Regional Trial Court by registered
mail, instead of by personal service, due to the urgency of filing the same and due to lack of
messenger of the undersigned counsel for the moment.
Andrew T. Oliver
Counsel for Defendant

5th Judicial Region
Branch 10
Legazpi City
AB C. IGNACIO,
DE X. FORTUN
Defendants
JUDICIAL AFFIDAVIT OF
DE X. FORTUN
I, De X. Fortun of legal age, married, and living at 541 Cruzada St. Legazpi City, defendant
in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Julio Morales with address at Arimbay, Legazpi City. The
examination is being held at the same address. I am answering his questions fully conscious that I
do so under oath and may face criminal liability for false testimony and perjury.
This affidavit/testimony of petitioner De X. Fortun is being offered to prove that the he is not
indebted to plaintiff the sum of Three Hundred Fifty Thousand Pesos (Php 350,000.00). The
defendant’s testimony is also offered to prove that his signature in the promissory note was
forged.
1. Q. Please state your name and other personal circumstances for the record.
A. I am De X. Fortun, 30 years old, businessman residing in 541 Cruzada St. Legazpi City
2. Q. Are you the same De X. Fortun, the defendant in this case?
A. Yes sir.
3. Q. Do you know a certain Ab C. Ignacio?

A: Yes sir. I borrowed Three Hundred Fifty Thousand (P350,000.00) from him.
4. Q: When did you borrow money from Mr. Ignacio?
A: September 25, 2020
5. Q: Do you execute any instrument as proof that you borrowed money from him on the said date?
A: Yes sir. I executed a promissory note on the same date as mentioned earlier.
6. Q: What are the terms and conditions of the promissory note?

A: a. The principal loan obligation shall be payable in seven (7) monthly installments of Fifty
Thousand Pesos (Php50,000.00); b. Each installment shall earn an interest of 2.5% or One
Thousand Two Hundred and Fifty Pesos (Php1,250.00), which shall be paid together with the
monthly installment on the 25th of the month following the execution of the promissory note;
c. Failure to pay at least one monthly installment, together with its interest, will render the
remaining balance of the loan obligation immediately due and demandable.
6. Q: Did you pay the first monthly installment?
A: Yes sir.
7. Q: Did you pay the second monthly installment?
A: Yes sir. I paid the second monthly installment of Fifty Thousand Pesos (Php50,000.00)
together with an interest of One Thousand Two Hundred Fifty Pesos (Php1,250.00) or a total
of Fifty One Thousand Two Hundred Fifty Pesos (Php51,250.00), as evidenced by a receipt of
the same date issued by the plaintiff and signed by Mr. Xy Torre my representative who I
authorized to pay. A copy of which is herewith attached and marked as Exhibit “A”
8. Q: Did you received and signed any demand letters from Mr. Ignacio?
A: No sir.
9. Q: Did you received and signed any document from Mr. Ignacio?
A: Yes sir. The acknowledgment of the remaining balance for the loan. Attached is the copy of
said document as Exhibit “B”
9. Q: Did you pay the third monthly installment?
A: Yes sir. I paid the third installment as evidenced by a receipt of the same date issued by the
plaintiff and signed by Mr. Xy Torre, my representative who I authorized to pay. A copy of
which is herewith attached and marked as Annex “C”
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January 2021 at
Legazpi City.
D x Fortun
De X. Fortun
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Legazpi City
this 10th day of January 2021. Affiant personally came and appeared with Voter’s ID issued by
the COMELEC on July 13, 2020 at Legazpi City bearing his photograph and signature, known to
me as the same person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument
A Tuazon
Atty. ADRIAN TUAZON

Notary Public
Doc. No. ____ Commission Serial No. 123456
Page No. ____ Notary Public for Legazpi City
Book No. ____ Until December 31, 2021
Series of 20__ Office: Bagumbayan, Legazpi City
Roll No. 34567
IBP Lifetime Roll No. 12345-56; 05/05/19 ;Legazpi
PTR No. 123457 04/13/19; Legazpi
MCLE Compliance Cert. No. 45678; 04/04/20
I, Julio Morales, of legal age, Filipino, with postal address Arimbay, Legazpi City after
being duly sworn depose and say:
1. I was the one who conducted the examination of defendant De X. Fortun at my

aforementioned office in Arimbay, Legazpi City;
2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;
3. I nor any other person then present or assisting her coached the witness regarding
her answers;
Legazpi City.
Julio Morales
ATTY.JULIO MORALES
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Legazpi City this 10th
day of January 2021. Affiant personally came and appeared with Voter’s ID issued by the
COMELEC on July 13, 2020 at Legazpi City bearing his photograph and signature, known to me
as the same person who personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.
A Tuazon
Atty. ADRIAN TUAZON

Notary Public
Roll No. 34567
PTR No. 123457 04/13/19; Legazpi
EXHIBIT“A”
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
EXHIBIT “B”
ACKNOWLEGMENT OF REMAINING BALANCE
I, DE X. FORTUN acknowledge the remaining balance of my loan from Ab C.

Ignacio in the amount of Two Hundred Thousand Pesos (P200,000.00) after paying
three monthly installments.
Signed received/dated
D x Fortun
DE X. FORTUN
EXHIBIT “C”
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
5th Judicial Region
Branch 10
Legazpi City
AB C. IGNACIO,
DE X. FORTUN
Defendants
JUDICIAL AFFIDAVIT OF
XY TORRE
I, Xy Torre of legal age, married, and living at Brgy. Baybay, Legazpi City, witness in this
case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Julio Morales with address at Arimbay, Legazpi City. The
examination is being held at the same address. I am answering his questions fully conscious that I
do so under oath and may face criminal liability for false testimony and perjury.
This affidavit/testimony of petitioner Xy Torre is being offered to prove that the defendant,
De X. Fortun has paid the second and third monthly installment of the loan in the amount of
P350,000.00 from Ab C. Ignacio.
1. Q. Please state your name and other personal circumstances for the record.
A. I am Xy Torre, 35 years old, residing in Brgy. Baybay, Legazpi City
2. Q. How are you related to Mr.Fortun?
A. I am his representative as evidenced by Special Power of Attorney herein attached as Exhibit
“A”
3. Q. Do you know a certain Ab C. Ignacio?
A: Yes sir. I paid him the second and third monthly installment of the loan of Mr. Fortun
4. Q: When did you pay him?
A: On November 25, 2020 and December 25, 2020 respectively.
5. Q: How did you pay him for the second installment?
A: I meet with him in a coffee shop in a mall in Legazpi City on November 25, 2020 and I
handed him the check as payment for second installment and he handed me the
Acknowledgment Receipt signed by him. I also signed and received the said receipt both his
copy and Mr. Fortun’s copy. Attached herewith is the Acknowledgment Receipt as Exhibit “B”.
6. Q: How did you pay him for the third installment?
A: Same as the second installment. I meet with him in a coffee shop in a mall in Legazpi City
on December 25, 2020 and I handed him the check as payment for second installment and he
handed me the Acknowledgment Receipt signed by him. I also signed and received the said
receipt both his copy and Mr. Fortun’s copy. Attached herewith is the Acknowledgment Receipt
as Exhibit “C”.
Legazpi City.
Xy Torre
Xy Torre
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Legazpi City
this 10th day of January 2021. Affiant personally came and appeared with Voter’s ID issued by
the COMELEC on July 13, 2020 at Legazpi City bearing his photograph and signature, known to
me as the same person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument
A Tuazon
Atty. ADRIAN TUAZON

Notary Public
Roll No. 34567
PTR No. 123457 04/13/19; Legazpi
I, Julio Morales, of legal age, Filipino, with postal address Arimbay, Legazpi City after
being duly sworn depose and say:
2. I was the one who conducted the examination of defendant De X. Fortun at my

aforementioned office in Arimbay, Legazpi City;
3. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;
4. I nor any other person then present or assisting her coached the witness regarding her
answers;
Legazpi City.
Julio Morales
ATTY.JULIO MORALES
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Legazpi City this 10th
day of January 2021. Affiant personally came and appeared with Voter’s ID issued by the
COMELEC on July 13, 2020 at Legazpi City bearing his photograph and signature, known to me
as the same person who personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.
A Tuazon
Atty. ADRIAN TUAZON

Notary Public
Roll No. 34567
PTR No. 123457 04/13/19; Legazpi
EXHIBIT“A”
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, De X. Fortun, single, of legal age, with residence and postal address at 541 Cruzada St. Legazpi
City do hereby APPOINT Xy Torre single, likewise of legal age, with postal address at Brgy
Baybay, Legazpi City as my rue and legal representative to act for and in our name and stead and
to perform the following acts:
1. To pay the monthly installment to a certain Ab C. Ignacio for my loan and the interest
in the amount of P350,000.00;
2. To demand, receive and sign the Acknowledgement Receipt for such payments;
3. To do all acts necessary to give effect to the foregoing authority.
Whereby giving and granting unto said attorney, full power and authority to perform each
and every act and thing whatsoever requisite or necessary to be done in and about the premises, as
fully to all intents and purposes as I might or could do if personally present and acting, and hereby
ratifying and confirming all that my said attorney shall lawfully do or cause to be done and virtue
of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day

of November 2020 in Legazpi City.
D x Fortun
DE X. FORTUN
Principal
Xy Torre
XY TORRE
Attorney in fact
BEFORE ME, personally appeared
Name ID No. Date/Place Issued
DE X. FORTUN 25845 July 31, 2020, Legazpi

XY TOREE 52848 May 4, 2020, Legazpi
Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act and
deed.WITNESS MY HAND AND SEAL, on the date and place first above written.
Leila Escobar
ATTY. LEILA ESCOBAR
Rawis, Legazpi CIty
IBP No. 951877, Legazpi 1-05-2021
EXHIBIT“B”
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
EXHIBIT “C”
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE

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Republic of the Philippines

REGIONAL TRIAL COURT

- versus – FOR: SUM OF MONEY

1. Defendant admits the averment in paragraph 1 of the complaint;

2. Defendant admits the contents of paragraph 2a, 2b, 2c and 2d;

1. The defendant paid the second installment;

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be

Other just and equitable reliefs are likewise prayed for.

January 10, 2021, Legazpi City

1. I am the defendants in the above- entitled case

2. I have caused the preparation of the foregoing complaint

SUBSCRIBED AND SWORN to before me this 10th day of January 2021 by DE

Issued this 25th of November 2020.

Issued this 25th of December 2020.

CC: ATTY. CRISANTO DELA CRUZ

ATTY. ANDREW T. OLIVER

Counsel for Defendant

- versus – FOR: SUM OF MONEY

in this case, state under oath as follows:

2. Q. Are you the same De X. Fortun, the defendant in this case?

3. Q. Do you know a certain Ab C. Ignacio?

4. Q: When did you borrow money from Mr. Ignacio?

A: September 25, 2020

6. Q: What are the terms and conditions of the promissory note?

6. Q: Did you pay the first monthly installment?

7. Q: Did you pay the second monthly installment?

9. Q: Did you pay the third monthly installment?

Atty. ADRIAN TUAZON

1. I was the one who conducted the examination of defendant De X. Fortun at my

Atty. ADRIAN TUAZON

Issued this 25th of November 2020.

ACKNOWLEGMENT OF REMAINING BALANCE

I, DE X. FORTUN acknowledge the remaining balance of my loan from Ab C.

Issued this 25th of December 2020.

- versus – FOR: SUM OF MONEY

case, state under oath as follows:

P350,000.00 from Ab C. Ignacio.

A. I am Xy Torre, 35 years old, residing in Brgy. Baybay, Legazpi City

2. Q. How are you related to Mr.Fortun?

A. I am his representative as evidenced by Special Power of Attorney herein attached as Exhibit

3. Q. Do you know a certain Ab C. Ignacio?

A: On November 25, 2020 and December 25, 2020 respectively.

5. Q: How did you pay him for the second installment?

6. Q: How did you pay him for the third installment?

Atty. ADRIAN TUAZON

2. I was the one who conducted the examination of defendant De X. Fortun at my

Atty. ADRIAN TUAZON

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

3. To do all acts necessary to give effect to the foregoing authority.

IN WITNESS WHEREOF, I have hereunto set my hand this 10th day

BEFORE ME, personally appeared

Name ID No. Date/Place Issued

DE X. FORTUN 25845 July 31, 2020, Legazpi

Issued this 25th of November 2020.

Issued this 25th of December 2020.

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