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    Sample Answer With Counterclaim

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    Mary Joyce Lacambra Aquino
    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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    Sample Answer With Counterclaim

    Uploaded by

    Mary Joyce Lacambra Aquino
    202 views3 pages
    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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    Sample Answer With Counterclaim

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    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    202 views3 pages

    Sample Answer With Counterclaim

    Uploaded by

    Mary Joyce Lacambra Aquino
    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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    © All Rights Reserved
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    of 3

    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.

    1
    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

    2
    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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