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REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
City of Makati
Branch 08


MARIA BEATRICE C.
MADRIGAL, Plaintiff,

-versus-

JOSEPH HALLEY P. SANTOS,
Defendant.



Civil Case No. 8808
For: Compulsory
Recognition and Support
pendente lite.

x---------------------------------------------------x


ANSWER


COMES NOW, the defendant thru the undersigned counsel and unto
this honorable Court, and in answer to plaintiffs complaint, respectfully
avers:

ADMISSIONS/DENIALS

1. That the defendant ADMITS paragraph 1, 3, 4, 5, 6, 7, 8, 9, 10,
12, 13, 14 and 15 of the complaint;

2. That the defendant ADMITS the allegations in paragraph 11 of
the complaint, that the plaintiff and the defendants sexual encounter would
normally occur thrice a month, but DENIES the allegation that it became
more frequent after their first anniversary in August 2011. The truth of the
matter being that it is only for the period of August and September 2011 that
it became frequent because the defendant was in Dubai, United Arab
Emirates from October 5, 2011 to December 5, 2011 for training sponsored
by the BPI. Proofs of the defendants absence are his passport, marked as
ANNEX 1, the formal invitation from NASDAQ DUBAI, marked as
ANNEX 2 and the certificate of completion of Anti-Money Laundering
and Corporate Governance Workshop, marked as ANNEX 3. Plane
tickets, boarding passes, hotel accommodation receipts, and various
commercial receipts are also attached as annexes 7 to 8 respectively.

3. That the defendant DENIES the truth of the allegations in
paragraphs 2 and 16 alleging that he is the father of the plaintiffs child, the
truth of the matter being that the defendant was recently declared as
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CONGENITALLY STERILE caused by Cystic Fibrosis. Medical Abstract
of the defendant marked as ANNEX 4 proves such claim.

4. That the defendant is without knowledge or information to form
a belief as to the truth of the averments made in paragraphs 17, 18, 19 and
20 thereof;

AFFIRMATIVE DEFENSES:

5. Defendant reiterates, pleads and incorporates by reference all the
foregoing insofar as they are material and additionally submit that:

5.1. The complaint fails to state a cause of action because
the child being the beneficiary shall be included in the title of
the case and shall be deemed to be the real party-in-interest.
Section 3, Rule 3 of the Rules of Court and the case of Republic
of the Philippines vs. Gregorio Aquino Sr.
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provide that every
action must be prosecuted and defended in the name of the real
party-in-interest.

5.2. The complaint fails to state a cause of action on the
ground that a condition precedent was not complied with. That
that there is non-compliance with Sec. 6 of P.D. 1508.

5.3. The complaint states no cause of action on the ground that,
to be entitled to support, an illegitimate child must establish filiation
to his/her illegitimate parent. Under Article 172 in relation to Article
175 of the Family Code (FC), such filiation can be established by an
admission in a public document or a private handwritten instrument
signed by the parent concerned. The defendant did not acknowledge
their illegitimate relationship in the childs birth certificate as
evidenced by ANNEX 5.

5.3a. That there is no resemblance between the
putative father, herein defendant and the child.

5.3b. The impossibility to sire a child with the
plaintiff because of of the defendants physical absence
during which conception should have occurred.

5.3c. The physical impossibility to sire a child
because of his sterility as evidenced by the previously
mentioned ANNEX 4.

5.4. The defendant, assuming arguendo that Benjamin Madrigal
is his child, is not capable to give support because he is jobless,

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451 SCRA 735
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unemployable caused by the revoked license, savings depleted due to
an unsuccessful business venture and no other source of livelihood
plus the fact that he is still nurturing the pain of his inability to
procreate.

5.4a. That the defendants PRC license, after the
finding of Professional Regulatory Board of
Accountancy of the complaint filed by the plaintiff
against the defendant, was revoked on the ground of
Immorality and dishonorable conduct on February 10,
2011. This is evidenced by the copy of the Resolution of
the Adm. Case No. LCA-0016 marked as ANNEX 6.

5.4b. That the defendants employer terminated
his employment because of the revocation of his PRC
license effective on March 15, 2012 marked as ANNEX
7.

5.4c. That the defendant being out of work and
unemployable as an accountant, ventured and invested all
his savings in retail business in his provincial root,
Bohol. The convenience store OPEN ALL THE TIME
started its operation on October 1, 2012. Proofs of the
existence of the store are the certificate of registration
issued by the DTI and mayors permit to operate
business. Marked as ANNEX 8 and 9 respectively.

5.4d. That the defendants store was one of the
businesses and infrastructures that were damaged during
the 7.2 magnitude earthquake in Bohol. This is
evidenced by the report submitted by the Local
Government of Bohol to The National Disaster Risk
Reduction and Management Council (NDRRMC)
marked as ANNEX 10.

5.4e. That the defendant upon his return in his
Makati residence on November 4, 2013 found out that his
house is being levied in favor of the government because
of his refusal to pay his internal revenue tax liability after
demand over the same property. A copy of the Notice of
Delinquency is attached as ANNEX 11.

COUNTERCLAIM

6. Defendant reiterates, pleads and incorporates by reference all the
foregoing insofar as they are material and additionally submit that he is
entitled to relief arising from the filing of this unfounded and baseless suit,
as follows:
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6.1. Moral Damages amounting to One Million Pesos
(PHP1,000,000/00) because his name and reputation were
besmirched by this malicious and baseless suit.

6.2. Attorneys Fees amounting to One Hundred
Thousand Pesos (P100,000.00) because he was compelled to
secure services of counsel to vindicate his legal rights.

PRAYER

WHEREFORE, Defendant respectfully prays:

a) For a preliminary hearing on the affirmative defenses.

b) For the award of the amount of One hundred Thousand Pesos (P100,
000.00) for the expenses incurred in litigation.

c) For such other relief consistent with law and equity.


City of Makati, Philippines, December 02, 2013



B.O.S.S.E.S Law Firm
63A, 3/F St. Maur Building
Don Manolo Blvd. Alabang Hills Village
Muntinlupa City.
Tel # (046) 484 7256; Fax # 551 - 5055

By:

BALICAS, ATTY. ALEXIS VICTOR
Counsel for Defendant
IBP No. 523465; 01/01/12 - Muntinlupa
PTR. No. 6878234; 01/01/12 - Muntinlupa
Roll No. 34233; 08/10/09
MCLE No.I 354353; 01/01/11
MCLE No. II 343255; 01/01/11


OPERIANO, ATTY. GIDEON JOSEPH
Counsel for Defendant
IBP No. 685675; 01/01/12 - Muntinlupa
PTR. No. 8966422; 01/01/12 - Muntinlupa
Roll No. 265543; 08/10/08
MCLE No.I - 674534; 01/01/11
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MCLE No. II 666323; 01/01/11
SANGALANG, ATTY. MAY ALILI
Counsel for Defendant
IBP No. 763434; 01/01/12 - Muntinlupa
PTR. No. 6575543; 01/01/12 - Muntinlupa
Roll No. 353455; 08/10/08
MCLE No.I 643334; 01/01/11
MCLE No. II 564565; 01/01/11


SANTOS, ATTY. IRENE SAMANTHA ALEXIS
Counsel for Dfendant
IBP No. 232556; 01/01/12 - Muntinlupa
PTR. No. 6754423; 01/01/12 -Muntinlupa
Roll No. 423455; 08/10/09
MCLE No.I 434325; 01/01/11
MCLE No. II 343457; 01/01/11


EUSEBIO, ATTY. MARK ANTHONY
Counsel for Defendant
IBP No. 987976; 01/01/12 - Muntinlupa
PTR. No. 8766564; 01/01/12 - Muntinlupa
Roll No. 889877; 08/10/09
MCLE No.I 986766; 01/01/11
MCLE No. II 896765; 01/01/11


SIMBRE, ATTY. MARHEN JASON
Counsel for Defendant
IBP No. 546456; 01/01/12 - Muntinlupa
PTR. No. 5547676 01/01/12 - Muntinlupa
Roll No. 534534; 08/10/09
MCLE No.I 435477; 01/01/11
MCLE No. II 676544; 01/01/11


Copy furnished:

BAYLON, BAUTISTA, FORMALEJO, SORIANO & TARUCAN Law
Firm
Counsel for plaintif.
SAN BEDA COLLEGE ALABANG School of Law
63/E, 3/F St. Maur Bldg.
Don Manolo Blvd., Alabang Hills Village, Muntinlupa City.
Tel # 854 3098; Fax # 867 - 9122

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RECEIVED BY: DATE:
VERIFICATION/CERTIFICATION

REPUBLIC OF THE PHILIPPINES )
CITY OF MAKATI ) S.S.

I, JOSEPH HALLEY P. SANTOS, Filipino, of legal age residing at
Unit 18, 18/F Greenbelt Parkplace, 112 Don Carlos Palanca Street, Legazpi
Village, Makati City, after being sworn to in accordance with law, deposes
and says that:

1. I am the defendant in the above-entitled case;

2. That I have read and caused the preparation of the foregoing
Answer and have read the allegations contained therein;

3. The facts stated in the above answer are true and correct to the
best of my knowledge and/or based on authentic records;

4. I have not commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial agency
and, to the best of my knowledge, no such other action or claim
is pending in them; and

5. If I should learn that the same or similar action or claim has
been filed or is pending after its filing, I shall report that fact
within five (5) days from notice to the court or where the
complaint or initiatory pleading has been filed.

6. That I executed this verification/certification to attest to the
truth of the foregoing facts and to comply with the provisions of
Adm. Circular No. 04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my
signature this 2
nd
day of December, 2013 in the City of
Makati.



JOSEPH HALLEY P. SANTOS







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JURAT

SUBSCRIBED and sworn to before me, this day of December ,
in the City of Makati by Joseph Halley P. Santos with Passport No.
XY2398737 issued by the Department of Foreign Affairs issued on
August 1, 2013 at the City of Manila. .


Doc No. 565;
Page No. 343;
Book No. 54;
Series of 2013












ATTY. PAQUITO QUITOS
Notary Public for Makati
8/F Montepino Building, 138
Amorsolo Street, Legaspi Village
Makati City, Metro Manila

Commission Serial No. A-764
Until December 31, 2012
Roll of Attorney No. 544356
IBP No. 454576; 01/01/12; Makati
PTR No. 5645678; 01/01/12;
Makati