Documentos de Académico
Documentos de Profesional
Documentos de Cultura
JD3
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH , ANGELES CITY
JOHN DOE, a minor as represented by HELEN DOE
Plaintif
Versus
PETER DOE
Defendant
Civil Case No. XXX
For a sum of money
x------------------------------------------------------------x
ANSWER
1. Defendant by counsel, and to this Honorable Court respectfully states:
2. Defendant admits the portion of paragraph 1 of the complaint regarding the
names, residences and status of the parties, but denies the rest thereof, for
lack of knowledge sufficient to form a belief as to the truth thereof.
3. The defendant admits the existence of the loan agreement between him and
the plaintiff and that it failed to pay the last installment payment of the
agreement but denies the allegation in paragraph 3 of the complaint that the
defendant failed to pay the whole amount of one million (Php 1,000,000.00).
4. To deny the plaintiffs allegations, attached herein are the receipts of
payments (ANNEX A) executed by the plaintiffs representative HELEN DOE
for the series of payments made by the defendant.
5. Assuming arguendo, that the allegations of the plaintiff are true and correct,
the filing of this complaint is premature because of the plaintiffs failure to file
the case before the Katarungang Pambarangay and come up with an
amicable settlement as required by law. Thus in the case Peregrina vs.
Panis, the Supreme Court stated:
Thus, Morata vs. Go, 125 SCRA 444 (1983), and Vda. de Borromeo vs.
Pogoy, 126 SCRA 217 (1983) have held that P.D. No. 1508 makes the
conciliation process at the Barangay level a condition precedent for
the filing of a complaint in Court. Non-compliance with that condition
precedent could affect the sufficiency of the plaintiff's cause of action
and make his complaint vulnerable to dismissal on the ground of lack
of cause of action or prematurity. The condition is analogous to
exhaustion of administrative remedies, or the lack of earnest efforts to
Attorney
Counsel for the Defendant
PTR No. :________________
IBP No,_________________