Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 16
Davao City

MICHAELA DEE, CIVIL CASE NO. 28671-

Plaintiff, 2018

For: COLLECTION OF SUM

-versus- OF MONEY

HANNAH CAY,
Defendant.
x----------------------------------x

ANSWER

COMES NOW Defendant Hannah Cay, through the

undersigned counsel and unto this Honorable Court, in answer to the
Complaint dated 05 August 2018, respectfully state that:

1. Defendant ADMITS the contents of Paragraphs 1, 2, and

4 of the Complaint;

2. Defendant SPECIFICALLY DENIES the contents of

Paragraphs 3 and 5 of the Complaint, the truth of which will be
discussed in the special and affirmative defenses.

3. As SPECIAL and AFFIRMATIVE DEFENSES:

A. In contrast to what Plaintiff alleged, the loan

contract for the sum of One Million Pesos (P 1,000,000.00) had
an interest rate of one percent (1%) per month. The verbal
agreement prior to the execution of the Promissory Note was
for the interest rate to be 1% and not 5%. The Promissory
Note did not reflect the true agreement between the parties. In
fact, the said instrument, drafted by Plaintiff, only had a blank
space provided for the interest rate. Out of trust to the Plaintiff,
Defendant nevertheless signed the Promissory Note;

B. Contrary to what Plaintiff alleged, Defendant was

able to pay the loan on 21 January 2016. In fact, Defendant
paid the sum of One Million Pesos (P 1,000,000.00) plus eight
 (8) months of accumulated interest. Moreover, the payment
was not embodied in a receipt of any form. In consideration of
such fact, it is actually Plaintiff who has the obligation to return
to Defendant any excess amount paid by the latter in the
performance of the said contract.

PRAYER

WHEREFORE, in view of the foregoing, Defendant spouses

most respectfully pray that the Complaint dated 05 August 2018 be
DISMISSED with costs against the Plaintiff.

Defendant spouses pray for such other reliefs as may be

deemed just and equitable.

RESPECTFULLY SUBMITTED in Davao City, Philippines on 01

September 2018.

TANJILI TAGTAGAN LAW OFFICE

Napao Bldg.,
J. Abad Santos St., Davao City
Tel. No. 228-7892
Email Address: tanjili.tagtagan_law@gmail.com

By:

ATTY. KARLO MAURO C. TANJILI

ROLL NO.: 98707
IBP NO. 078453/01-08-2018/Davao City
PTR. NO. 8309970/01-03-2018/Davao City
Exempted, pursuant to MCLE Governing Board Order No. 1, S. 2018

VERIFICATION
 I, HANNAH CAY, after having been sworn to in accordance with
law, do hereby depose and declare that:

1. I am the Defendant in the instant case;

2. I have read the foregoing Answer and the allegations therein

are true and correct of my own knowledge and based on
authentic records on hand.

SIGNED this 1st day of September 2018.

HANNAH CAY

Copy Furnished:

ATTY. YASMINE A. IBAY

Suite 3-B, Plaza de Luisa Comm’l. Bldg.,
140 R. Magsaysay Avenue, Davao City
Received by: ______________
Date: ______________