REPUBLIC OF THE PHILIPPINES 7th JUDICIAL REGION MUNICIPAL TRIAL COURT IN CITIES City of Cebu, Branch 3 JUAN DELA A. CRUZ, Plaintiff, - versus -
CIVIL CASE NO. M-011035 For: Collection of a sum of money and Damages
PEDRO A. SANTOS, Defendant. x---------------------------/ REPLY WITH MOTION TO SET PRE-TRIAL PLAINTIFF, by undersigned counsel, unto the Honorable Court, most respectfully manifest that on February 3, 2017, he received a copy of the ANSWER WITH COMPULSORY COUNTERCLAIMS of Defendant in the above-entitled case and, by way of a REPLY to new matters alleged therein, hereby state THAT: I 1.
The allegation in Paragraph 8 of the Answer with Compulsory Counterclaim is specifically denied, the truth being that alleged in the Complain;
2.
Paragraphs 9, 10, 11, and 12 are specifically denied for lack of knowledge sufficient to form a belief as to the truth or falsity thereof;
3.
The allegation in Paragraph 13 is admitted insofar as the Plaintiff’s refusal to acknowledge the receipt issued by the Plaintiff’s wife, the truth being that the Plaintiff did not authorize any other person, including his wife, to receive payment from the Defendant;
4.
Paragraphs 14, 15, and 16 are specifically denied, the truth being that the present action is well-founded in fact and in law, filed in good faith to protect and vindicate the rights of the Plaintiff violated by the Defendant; therefore, there is no basis whatsoever 1
for the Defendant to recover any damages, attorney’s fees nor expenses of litigation from the Plaintiff; II The issues are joined. The case is ripe for pre-trial. PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the counterclaim of the Defendant be dismissed and that the case be set for pre-trial Cebu City, February 6, 2017. PABUAYA & SANTOS LAW OFFICE Counsel for the Plaintiff Room 204, CRM Building, Escario cor. Molave Sts., Lahug, Cebu City 6000 Telephone Number: (032) 253-1890 to 91 Fax Number: (032) 253-1892 E-mail Address:
[email protected] By: ATTY. CRISTIE PEARL O. PABUAYA Roll No. 374435 IBP No. 827847, 01/04/17, Cebu City PTR No. 576784, 01/04/17, Cebu City MCLE Compliance No. V-0008811 Telephone No. (032) 253-1890 local 101 E-mail Address:
[email protected]
ATTY. MARIA EMMA C. SANTOS Roll No. 383325 IBP No. 8448436, 01/05/17, Cebu City PTR No. 599013, 01/05/17, Cebu City MCLE Compliance No. V-0008815 Telephone No. (032) 253-1890 local 102 E-mail Address:
[email protected]
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Copy furnished, in accordance with Section 11, Rule 13 of the Revised Rules of Court, by registered mail, due to shortage of messengerial services, to: CORCUERA & OTADOY LAW OFFICE Counsel for the Plaintiff Unit 164, SCR Building, General Maxilom Avenue, Cebu City 6000 ATTY. ALVIN Q. VASQUEZ Clerk of Court Municipal Trial Court in Cities, Cebu City, Branch 9, 3/F Qimonda IT Center, Sergio Osmeña Boulevard, Cebu City
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