REPUBLIC OF THE PHILIPPINES
Fourth Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Calapan City
MARY ANN D. VILLAJUAN,
Plaintiff, Civil Case No. 3856-23
-versus- For: Action for Collection
of Sum of Money
FRANCISCO S. SALES III,
Defendant.
x----------------------------------------x
ANSWER
DEFENDANT, FRANCISCO S. SALES III, by undersigned
counsel and unto this Honorable Court, respectfully states:
I. PARTIES
1. Plaintiff MARY ANN D. VILLAJUAN is of legal age,
Filipino, married and with residence address at #24 Brgy.
Balingayan, Calapan City where she may be served summons
and other legal processes by the Honorable Court;
2. Defendant FRANCISCO S. SALES III is of legal age,
Filipino, married, and with residence address at #0306 Ferraren
Hills Subdivision, Lumangbayan, Calapan City where he may
be served summons and other legal processes by the Honorable
Court.
II. STATEMENT OF AFFIRMATIVE
AND NEGATIVE DEFENSES
1. Defendant admits that portion of par. 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.
2. Defendant denies under oath the execution and
authenticity of the promissory note, Annex “A” of the
complaint, the truth being that the same is a forgery and that
he did not execute nor sign the same.
3. Assuming, arguendo, that the promissory note is
genuine and duly executed, it was executed by a person on
behalf of the defendant, without any authority from the
defendant.
4. Assuming, further, that the agent who signed the
promissory note on behalf of the defendant is duly authorized
to do so, the amount of indebtedness therein stated actually
represented payment of gambling losses of defendant in favor of
plaintiff.
5. Assuming, finally, that the indebtedness shown in the
promissory note and the promissory note itself is legitimate,
plaintiff has been paid the amount thereof.
PRAYER
WHEREFORE, Defendant respectfully prays that that the
complaint be dismissed for being devoid of merit, with costs
against the plaintiff.
Defendant further prays for such other reliefs as may be
just and equitable in the premises.
Calapan City, Philippines, 30 April 2023.
ATTY. JUAN A. DELA CRUZ
Counsel for the Defendant
Roll of Attorneys No.: 123456
IBP Life Member Roll No.: 024689 / Oriental Mindoro
MCLE Compliance No.: VI-0001122/03-10-2022
Republic of the Philippines )
Province of Oriental Mindoro )
City of Calapan ) S.S.
VERIFICATION
I, FRANCISCO S. SALES III, of legal age, Filipino, married,
and a resident of #0306 Ferraren Hills Subdivision,
Lumangbayan, Calapan City, after having been duly sworn to
in accordance with law, do hereby depose and state:
1. That I am the Defendant in the above-entitled case;
2. That I have caused the preparation of the foregoing
Answer with defenses, and the allegations therein are true and
correct of my personal knowledge and/or based on authentic
records;
3. That I further state that the promissory note, Annex “A”
of the complaint, is a forgery and my signature therein has been
forged, I not having executed the said promissory note.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 30th day of April 2023 in the City of Calapan,
Oriental Mindoro, Philippines.
FRANCISCO S. SALES III
Affiant
SUBSCRIBED AND SWORN to before me this 30th day of
April 2023 in the City of Calapan, Philippines, affiant exhibiting
to me his valid PRC License with ID No. 0531621 as his
competent proof of identity.
Doc. No.: 107;
Page No.: 69;
Book No.: 8;
Series of 2023.
(Dry Seal)
Copy furnished by personal service:
ATTY. ERICK YSMAEL I. YLAGAN
Counsel for the Plaintiff
Ylagan Law Office
Brgy. Camilmil, Calapan City
Republic of the Philippines )
Province of Oriental Mindoro )
City of Calapan ) S.S.
AFFIDAVIT OF PERSONAL SERVICE
I, REYMUNDO L. REPOMANTA, of legal age, Filipino, married, and
a resident of Blk. 31, Lot 22, Xevera, Bulusan, Calapan City, after having
been duly sworn to in accordance with law, do hereby depose and state:
That I am the messenger of Atty. Juan A. dela Cruz or the law firm Dela
Cruz Law Office, counsel for Defendant FRANCISCO S. SALES III in the
case entitled “MARY ANN D. VILLAJUAN v. FRANCISCO S. SALES III”,
Civil Case No. 3856-23, and that such messenger, I served upon the counsel
of adverse party the pleading filed in said case, as follows:
ATTY. ERICK YSMAEL I. YLAGAN, counsel for Plaintiff MARY
ANN D. VILLAJUAN, by personal service, by delivering personally the copy
of said pleading upon said lawyer who acknowledged receipt thereof as shown
by his signature on the said pleading, this 30th day of April 2023.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
th
30 day of April 2023 in the City of Calapan, Oriental Mindoro, Philippines.
REYMUNDO L. REPOMANTA
Affiant
SUBSCRIBED AND SWORN to before me this 30th day of April 2023
in the City of Calapan, Philippines, affiant exhibiting to me his valid PRC
License with ID No. 0531621 as his competent proof of identity.
Doc. No.: 147;
Page No.: 71;
Book No.: 9;
Series of 2023.
(Dry Seal)
