Answer With Special and Affirmative Defenses

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM JUAN DELA CRUZ Plaintiff, CIVIL CASE NO. 12368 -versusPEDRO SANTOS Defendant, x------------------------------------------x ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM NOW COMES the defendant in the above entitled case, and to this Honorable Court most respectfully alleges: 1.

Defendant admits the averment in paragraph 1,2 and 3 of the complaint;

2.

Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being that…. ( State here the fact being claimed by the defendant as the true state of facts or the truth being those stated in the special and affirmative defenses herein set forth)

3.

Defendant has no knowledge or information to form a belief as to the truth of the averment in paragraphs 5,6,7 and 8 of the complaint;

By way of special and affirmative defenses, defendant avers: 1.

That the obligation has been paid;

2.

That the defendant had purchases said land from plaintiff and paid said promissory notes;

3.

That the cause of action has prescribed.

By way of counterclaim, defendant alleges: 1.

That by virtue of this unwarranted and malicious act initiated by the plaintiff, defendant was forced to engage counsel in the sum of P10,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of P5,000.00 Other equitable reliefs are likewise prayed for. Manila, Philippines, May 27, 2000. ERNESTO FLORES Attorney for the Defendant _______________________ Address P.T.R. No.______ Date & Place of Issue______ IBP O.R. No._____ Date & Place of Issue_____

(Under oath if document is denied.) (Copy furnished with Proof of Service and Explanation)

ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH THAT Defendant specifically denies under oath the genuiness and due execution of the instrument a copy of which is attached to Plaintiff’s complaint as Annex “A”, the truth being that his signature thereon is forged and that he did not in fact sign the said instrument. ERNESTO FLORES Attorney for the Defendant _________________________ Address P.T.R. No. ________ Date & Place of Issue________ IBP O.R> No. ______ Date & Pace of Issue________

VERIFICATION (Or Oath of the Defendant) ______________________ Defendant JURAT MOTIONS (NOTE: All motions must be addressed to the other/adverse party; it must contain a notice of hearing and proof of service or an explanation why personal service was not resorted to.