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GRINGOTTS CORPORATION,
Plaintiff,
Civil Case No. 16789
For: Collection of Sum of
Money
-versusGILDEROY ROY L. GIPIT,
Defendant.
x x
ANSWER
WITH SPECIAL AND AFFIRMATIVE DEFENSES
COMES NOW, the defendant together with the undersigned counsel to this most
honorable court, MOST RESPECTFULLY STATES THAT;
1. The defendant admits the allegation contained in paragraph 3 relative to the
personal circumstance and address of the defendant;
2. The defendant admits the allegation contained in Paragraph 4 insofar as the
existence of the loan;
3. The defendant admits the allegation contained in paragraph 5 relative to the
issuance and delivery of two post dated checks;
4. The defendant admits the allegation contained in paragraph 7 relative to the
demand letter sent to him;
5. The defendant specifically denied the allegation contained in paragraph 8
insofar as it alleges that the defendant without justification failed to make
good of the check, the same being untrue because defendant made the
payment of 400,000 pesos in cash representing the amount the check on
November 14, 2015 six days before its the due date to Josefina Dela Cruz,
the cashier of Gringotts Lending Company, as such there is no more reason
for the plaintiff corporation to deposit the said check and to file the instant
case.
SPECIAL AND AFFIRMATIVE DEFENSE
6. By reason of the payment by the defendant of the amount covered by the
check plaintiff has no more cause of action against the defendant;
7. Plaintiff is in bad faith;
8. Defendant has no more liability for the unpaid obligation to the plaintiff.
PRAYER
WHEREFORE, it is respectfully prayed that this Honorable Court renders
judgment dismissing the complaint with costs against the plaintiff.
The defendant further prays for such other reliefs and remedies as may be
deemed just and equitable under the premises.
Pasig City for Makati City. February 12, 2016.
Doc. No. 1
Page No.1
Book No.1
Series of 2016.
EXPLANATION
A copy of this pleading is served via registered mail, instead of via personal
service, on the adverse counsel due to the distance of his law office address and the
lack of field staff of undersigned counsel at this time.