By: Laika P.

Corral
Partner: Zerlaine Camasis

Republic of the Philippines

REGIONAL TRIAL COURT
5th Judicial Region
Branch ______
Legazpi City

MICHAEL M. NAVERA

Plaintiff,

-versus- Civil Case No. __________

For: Collection of Sum of
Money

ANDREW D. VARGAS
Defendant.
x------------------------------------------x

ANSWER

DEFENDANT, through counsel, by way of answer to plaintiff’s

complaint, respectfully states that:

ADMISSION / DENIALS

1. He admits the allegations in paragraph 1 of the Complaint regarding

his personal circumstances;

2. He is without knowledge or information to form a belief as to the

truth of the allegations in paragraphs 4, 5, 6, and 7 of the
Complaint;

3. He specifically denies each and every material allegation in

paragraph 2 of the Complaint, since such allegations are maliciously
false and meant only to unjustly enrich Plaintiff at Defendant’s
expense. The truth is the principal obligation amounts to only Seven
Hundred Thousand Pesos (P700,000.00). Defendant was deceived
into signing a receipt that showed, as Defendant much later on
 learned, the aggregate amount of indebtedness to be One Million
One Hundred Twenty Thousand Pesos (P 1, 120,000.00), inclusive
of the unconscionable interests, excessive penalties, and other
charges;

4. Paragraph 3 is being denied as it alleges that the defendant has not

made any payment until this date, the truth being alleged in the
special affirmative defenses.

SPECIAL AND AFFIRMATIVE DEFENSES

5. The complaint does not state a cause of action and is a sham

pleading;

5.1 On or about January 8, 2019, Defendant incurred an

indebtedness of Seven Hundred Thousand Pesos
(P700,000.00) with Plaintiff;

5.2 Due to a close and long relationship with Plaintiff, Defendant

was deceived into signing a receipt which he thought
contained only a reasonable rate of interest per Defendant’s
oral agreement with Plaintiff;

5.3 Upon securing a copy of the receipt much later, Defendant

discovered to his utter surprise that the aggregate sum of the
obligation is One Million One Hundred Twenty Thousand
Pesos (P 1, 120,000.00).

6. Consignment of the Payment was made before the Regional Trial

Court of Legazpi.

6.1 On January 9, 2020, when the obligation became

demandable, defendant delivered to the plaintiff the sum of
seven hundred thousand pesos (Php 700,000. 00) and the
interest of 12% amounting to eighty-four thousand pesos (P
84, 000. 00).

6.2 However, plaintiff refused to accept payment and was

demanding the amount of One Million One Hundred
Thousand Pesos (P 1, 120, 000. 00).

6.3 As a consequent thereof, and as advised by counsel, defendant

consigned the aforementioned amount to Branch 15 of the
 Regional Trial Court of Legazpi City. The Decision of
Consignation is attached as ANNEX “1”.

6.4 That between January 9, 2020 up to the present date,

defendant repeatedly informed plaintiff that he had consigned
the amount due and its accrued interest to the Regional Trial
Court, Branch 15, of Legazpi City. But for some reasons,
plaintiff failed to do so.

COUNTERCLAIM
7. Defendant additionally submits that he is entitled to relief arising
from the filing of this malicious and baseless suit, as follows:

7.1 Moral Damages amounting to Fifty Thousand Pesos

(P50,000.00) because his name and reputation were
besmirched by this malicious and baseless suit.

7.2 Despite full payment by Defendant of the principal obligation,

Plaintiff has instituted the instant malicious suit which
compelled Defendant to engage the services of counsel, in
order to protect Defendant’s interests, for an agreed
professional fee of P100,000.00, plus an appearance fee of
P3,000.00 per hearing.

7.3 Defendants also incurred other litigation expenses in the sum

of P 50,000.00. For all of said fees and litigation expenses,
Plaintiff should be adjudged liable to Defendant.

WITNESS
8. ANDREW D. VARGAS, the defendant in the instant case shall be
presented as the primary witness to prove the veracity and
truthfulness of the claims, denials and allegations stated herein. The
defendant shall prove the fact that the obligation incurred is only
seven hundred thousand pesos; and that prior tender and
consignation has already been made. His judicial affidavit as
conducted by the undersigned counsel shall be marked as ANNEX
“2”.
 PRAYER
WHEREFORE, Defendant respectfully prays that judgment be
rendered in his favor by dismissing the Complaint and granting
defendant's counterclaim by awarding defendant: (a) Fifty Thousand Pesos
(P50,000.00) as Moral Damages, and (b) One Hundred Thousand Pesos
(P100,000.00) plus Three Thousand Pesos (P3,000.00) for every hearing
attended by Defendant’s counsel as Attorney's Fees.
Other reliefs and remedies deemed just and equitable under the
foregoing premises are likewise prayed for.
Legazpi City, December 19, 2020.

ATTY. LAIKA P. CORRAL

PTR No. 9173576 dtd. 2-11-2020
IBP No. 096908 dtd. 1209-2019
Roll No. 76387 dtd 4-29-20
MCLE COMPLIANCE No. VI-0005842
Valid until 04-14-2022
Old Albay, Legazpi City
 VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, ANDREW D. VARGAS, as defendant, under oath, hereby depose

and state that: the allegations in the pleadings are true and correct based
on her personal knowledge or based on authentic documents; the pleading
is not filed to harass, cause unnecessary delay, or needlessly increase the
cost of litigation; that and the factual allegations therein have evidentiary
support or, if specifically so identified, will likewise have evidentiary
support after a reasonable opportunity for discovery.
I further certify that I have not theretofore 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 therein and if I should thereafter learn that a same or
similar action or claim has been filed or is pending, I shall report that fact
within five (5) calendar days therefrom to the court wherein the aforesaid
complaint has been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

19th day of December 2020 in Legazpi City.

ANDREW D. VARGAS
Affiant

SUBSCRIBED AND SWORN to before me this 17th day of December

2020 in Legazpi City, by the above affiant who is personally known to me
to be the same person who executed and signed before me the foregoing
Verification/Certification. Affiant further presented to me her government
ID No. 89-090135, as competent proof of his identity.

ATTY. JOSE CRUZ

Notary Public
Commission Serial No. 1978
Until December 31,2022
Office Address Old Albay,
Legazpi City
Roll of Attorney No. 56789
PTR No. 2578, 11/20/19,
 Legazpi City
IBP No. 112067, 06/12/19
Albay
MCLE Compliance Cert. No
123456

Doc. No. 1
Page No. 2
Book No. 3
Series of 2020
 Annex 1

Republic of the Philippines

REGIONAL TRIAL COURT
5th Judicial Region
Branch 8
Legazpi City

ANDREW D. VARGAS

Petitioner,

-versus- Civil Case No. 1234

For: Consignation

MICHAEL M. NAVERA
Respondent.
x------------------------------------------x

DECISION

Before this court is a Petition for Consignation filed by Andrew D.

Vargas for failure of Michael M. Navera to accept the payment of a loan

incurred by Petitioner in his favor, despite Petitioner’s repeated attempt to

tender payment.

Consignation is the act of depositing the thing due with the court of

judicial authorities whenever the creditor cannot accept or refuses to

accept payment and it generally requires prior tender of payment.

In order to be valid, the tender of payment must be made in lawful

currency. Tender of payment must be distinguished from consignation.

Tender is the antecedent of consignation, that is, an act preparatory to

consignation, which is the principal, and from which are derived the

immediate consequences which the debtor desires or seeks to obtain.

Tender of payment may be extrajudicial, while consignation is necessary

judicial, and the priority of the first is the attempt to make private

settlement before proceeding to solemnities of consignation.

According to Article 1256 of the New Civil Code, if the creditor to

whom tender of payment has been made refuses without just cause to

accept it, the debtor shall be released from responsibility by the

consignation of the thing or sum due.

Petitioner tried to tender payment to the respondent however

respondent refused to receive such payment. Petitioner’s efforts prove

futile and he was left with no recourse other than depositing the said

amount in court.

On the basis of the foregoing, this Court finds that there is a ground

for the consignation of the payment for the balance of the loan obtained

by petitioner from respondent.

WHEREFORE, judgment is hereby rendered as follows:

1. The Court declares the consignation of the payment of the loan made

by petitioner to be valid and legal and hereby releases the petitioner

from the obligation of paying such the said balance.

SO ORDERED,

Legazpi City, February 28, 2020

PETER L. STO. TOMAS

Presiding Judge

Copy furnished:

LAIKA P. CORRAL
Counsel for Petitioner
Old Albay, Legazpi City
 Annex “2”

Republic of the Philippines

REGIONAL TRIAL COURT
5th Judicial Region
Branch ______
Legazpi City

MICHAEL M. NAVERA

Plaintiff,

-versus- Civil Case No. __________

For: Collection of Sum of
Money

ANDREW D. VARGAS
Defendant.
x------------------------------------------x

JUDICIAL AFFIDAVIT OF ANDREW D. VARGAS

This Judicial Affidavit of Andrew D. Vargas, is executed to serve as his

direct testimony in the instant case. This Judicial Affidavit is being offered
to prove the following:

A.) All the allegations in the answer including all annexes appended
thereto and which were already marked as exhibits in the case;

B.) All other related matters, facts and circumstances relevant and
material to this case. This Judicial Affidavit was taken at the office
of Atty. Laika P. Corral at #123 ABC Building, Old Albay, Legazpi
City were propounded by Atty. Laika P. Corral in English language
which the witness fully understands and are numbered
consecutively followed by an answer of the witness.

Q1. Do you swear to tell the truth and nothing but the truth?
A1. I do.

Q2. Are you aware that you can face criminal liability for false testimony
or perjury if you will not tell the truth?
A2. Yes, I am.

Q3. Please state your name, age, and address.

A3. I am Andrew D. Vargas, 30 years old and residing at #13 Samson St.,
Barangay. 4, Camalig, Albay.
Q4. Do you know Mr. Michael M. Navera?
A4. Yes.

Q5. How did you come to know Mr. Ante?

A5. I loaned money from him last January 8, 2019.

Q6. How much did you loan from him?

A6. Seven hundred thousand pesos.

Q7. Were you able to settle your obligation to Mr. Navera?

A7. Yes Ma’am.

Q8. What happened when the obligation became due and demandable?
A8. I went to their residence to settle my obligation but he refused to
receive the payment.

Q9. Why do you think did he refuse to receive the payment?

A9. He was demanding the amount of one million one hundred twenty
thousand pesos.

Q10. Why is Mr. Navera demanding that amount?

A10. I was deceived into signing the receipt. Because of our long and
close relationship, I thought what was stated therein is what we have
discussed as per our oral agreement. Upon demand of the same, I was
perplexed that the amount of the obligation is different from what I
actually borrowed.

Q11. What did you do after the refusal of Mr. Navera to receive the
payment of?
A11. I consigned it to the court.

Q12. I am showing you this document, herein referred to as Annex “1”.

Do you know this document?
A12. Yes. That is the decision for consignation.

Q13. What did you do after you consign the payment?

A13. I repeatedly informed Mr. Navera that the payment has been
consigned.

Q14. Did Mr. Navera do anything about it?

A16. No.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 19th
day of December 2020 at Legazpi City, Albay Philippines.

JACKIE A. VILLANUEVA
Affiant

SUBSCRIBED AND SWORN to before me this 17th day of December 2020

in Legazpi City, by the above affiant who is personally known to me to be
the same person who executed and signed before me the foregoing
Verification/Certification. Affiant further presented to me her government
ID No. 89-090135, as competent proof of his identity.

ATTY. JOSE CRUZ

Notary Public
Commission Serial No. 1978
Until December 31,2022
Office Address Old Albay,
Legazpi City
Roll of Attorney No. 56789
PTR No. 2578, 11/20/19,
Legazpi City
IBP No. 112067, 06/12/19
Albay
MCLE Compliance Cert. No
123456

Doc. No. 1
Page No. 2
Book No. 3
Series of 2020
 ATTESTATION OF COUNSEL

I, LAIKA P. CORRAL, 24 years of age, single, and a resident of

Mariroc, Tabaco City, after having sworn to in accordance with law, do
hereby depose and states:

1. That I conducted the examination of witness Ms. Jackie A.

Villanueva in connection with the case Collection for Sum of Money
docketed as Civil Case No. 2020-1234;

2. That I have faithfully recorded the questions asked and the

corresponding answers that the witness gave during the examination;

3. That neither I nor any other person then present coached the
witness regarding her answers at the time of or before the examination;
and

4. That I fully understand that any false attestation shall subject me

to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

19th day of December 2020 at Old Albay, Legazpi City.

LAIKA P. CORRAL
Examining Lawyer

SUBSCRIBED AND SWORN TO BEFORE ME, this 19th day of

December 2020 at Old Albay, Legazpi City. The examining lawyer is
personally known to me to be the same person executing this attestation.

ATTY. JOSE CRUZ

Notary Public

Copy furnished:
Atty. Jyka D. Salomon
Counsel for the Defendant
Bitano, Legazpi City
 PROOF OF SERVICE

I, John Santos, messenger for Atty. Laika P. Corral, herein counsel

for Defendant Andrew D. Vargas, hereby certify that I personally delivered
Defendant’s Answer dated December 19, 2020 to Plaintiff’s counsel Atty.
Zerlaine Camasis with address at Rawis, Legazpi City. The Answer was
received by the counsel herself.

JOHN SANTOS
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in the

city of Legazpi this 19th day of December 2020, affiant personally came
and appeared with her Social Security Service (SSS) No. 07-133156714-9
issued in Legazpi City on April 15, 2017, bearing her photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of the said instrument.

Atty. Jose Cruz

Notary Public
Commission Serial No. 1978
Until December 31,2022
Office Address Old Albay,
Legazpi City
Roll of Attorney No. 56789
PTR No. 2578, 11/20/19,
Legazpi City
IBP No. 112067, 06/12/19
Albay
MCLE Compliance Cert. No
123456

Doc. No. 11
Page No. 1
Book No. 1
Series of 2020
Copy furnished through personal service:
Atty. Zerlaine Cmasis
Counsel for the Plaintiff
Rawis, Legazpi City