Republic of the Philippines

Municipal Trial Court in Cities

Tacloban City
Pedro Grapa,
Plaintiff,
Civil Case No. 1234
- vs For: Collection
Money

of

Sum

of

Maria Ozawa,
Defendant
x----------------------------x
ANSWER
COMES NOW THE DEFENDANT,
through
the
undersigned counsel, and unto this Honorable Court most
respectfully states that:
1. DEFENDANT admits that par. 2 of the complaint
regarding the names and residences and status of the
parties.
2. DEFENDANT denies executing the promissory note in
favor of the plaintiff but however, admits to signing a
blanked pro-forma promissory note issued to him by the
plaintiff. She signed the promissory note in good faith
since the plaintiff is a respected person in the
community. Defendant only finished elementary studies
and does not know the importance of securing a
duplicate copy of which she signed. Due to the previous
relationship with Plaintiff, Defendant was deceived into
signing a receipt which he thought contained only a
reasonable rate of interest per Defendants oral
agreement with Plaintiff.

3. DEFENDANT claims that the real loan amount borrowed

is only P 150,000 while the other P 150,000 formed part
of the interest charges, amounting to a total payable of P
300,000 plus the 12% interest.
4. Upon securing a copy of the receipt of the demand letter
much later stated in paragraph 6 of the complaint,
Defendant discovered to his surprise that the amount
payable indicated in the demand letter exceeds the
amount she expects to pay.
5. He specifically denies each and every material allegation
on paragraph 3 of the complaint since such allegations
are maliciously false and meant only to unjustly enrich
the plaintiff at defendants expense. The truth is the
principal obligation amounts to only P 150,000 but due
to unconscionable interest and other charges, the
defendant was deceived to signing a blank promissory
note, as defendant much later only learned the aggregate
amount of indebtedness to be P 300,000 inclusive to
unconscionable interest and other charges.
Counterclaim
6. Defendant additionally submits that he is entitled to
relief arising from the filing of this malicious suit, as
follows:
7. Moral damages amounting to Fifty Thousand Pesos (P
50,000) because her name and reputation were tainted
by this malicious suit. Defendant was also compelled to
to engage the services of the counsel, in order to protect
Defendants interest, for an agreed professional fee of P
20,000 plus an appearance fee of P 5,000 per hearing

PRAYER
WHEREFORE, respectfully prays that judgment be
rendered in his favor by dismissing the Complaint and
granting defendants counterclaim by awarding the defendant:
(a) P 50,000 as moral damages and (b) P 20,000 plus P 5,000
per hearing attended by Defendants counsel as Attorneys
fees.
Other just and equitable reliefs are prayed for.
Tacloban City, Philippines, October 5, 2015
(sgd)
ATTY. POURG G. EERHT
Counsel for defendant
Address:Sagkahan,Tacloban City
Roll no. 0001
PTR no. 0002
IBP no. 0003
MCLE Compliance No. 0004

Republic of the Philippines

Province of Leyte
City of Tacloban

}
} S.S.
}

x-----------------------------------x
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
I, Maria Ozawa, Filipino, of legal age, married and a resident of
Tacloban City after having duly to in accordance with law, do
hereby depose and state:
1. That I am the defendant in the above entitled answer.
2. That I have caused the preparation by my counsel of said
answer.
3. That I further certify that there is no action or proceeding
involving the same issues in any other tribunal or
agency. If I should learn that the same or similar action
is pending, I shall undertake to inform the Honorable
Court of this fact within five (5) days therefrom.
EXECUTED this ___ day of October, 2015 at Tacloban.
(sgd)
MARIA OH OZAWA
Affiant

SUBSCRIBED AND SWORN TO before me this 31ST day of

October 2015, here in Tacloban City, Philippines, with
evidence of identity, Drivers License No. HO2-18456-466
issued at Tacloban City, issued on December 30, 2014.
(sgd)
ATTY. POURG G. EERHT
Notary Public for the City of Tacloban
Address: Sagkahan, Tacloban City
Roll no. 0001
PTR no. 0002

Doc. No. 45;

Page No. 78;
Book No. 1;
Series of 2015

IBP no. 0003

MCLE Compliance No. 0004

x----------------------------------------------------------------------------------x
AFFIDAVIT OF PERSONAL SERVICE

I, Israel Solis, of legal age and having been duly sworn depose and say:
That I am the messenger of Atty. Pourg Eerht, counsel for defendant in the
case entitled FOR A SUM OF MONEY Civil Case No. 1234 and that such
messenger I served upon the counsel of adverse party and other parties, the
pleading filed in said case, as follows:
Atty. Juan Dela Cruz, counsel for plaintiff, by personal service by delivering
personallycopy of said pleading upon said lawyer who acknowledged receipt
thereof as shown by his signature or initial on the said pleading, this April day
of 05.
IN WITNESS WHEREOF, I have signed this affidavit this 5th day of
October at Tacloban City.

(sgd)
MARIA OH OZAWA
Affiant
SUBSCRIBED AND SWORN TO before me this 5th day of April
2015, here in Tacloban City, Philippines, with evidence of
identity, Drivers License No. HO2-18456-466 issued at
Tacloban City, issued on December 30, 2014.

(sgd)
ATTY. POURG G. EERHT
Notary Public for the City of Tacloban
Address: Sagkahan, Tacloban City
Roll no. 0001
PTR no. 0002
IBP no. 0003
MCLE Compliance No. 0004

Doc. No. 45;

Page No. 78;
Book No. 1;
Series of 2015