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    Answer With Negative and Affirmative Defenses

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    Michael Vincent Bautista
    This document contains an answer with affirmative defenses filed by the defendant Lorna R. Fernandez in response to a civil complaint filed by Lorelei G. Lopez for collection of debt. Fernandez denies signing the promissory note and asserts it is a forgery. Alternatively, she argues that if signed, the agent lacked authority, the debt was from gambling losses, or has already been paid. Fernandez verifies the contents and denies the authenticity of her signature on the note.

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    Answer With Negative and Affirmative Defenses

    Uploaded by

    Michael Vincent Bautista
    1K views2 pages
    This document contains an answer with affirmative defenses filed by the defendant Lorna R. Fernandez in response to a civil complaint filed by Lorelei G. Lopez for collection of debt. Fernandez denies signing the promissory note and asserts it is a forgery. Alternatively, she argues that if signed, the agent lacked authority, the debt was from gambling losses, or has already been paid. Fernandez verifies the contents and denies the authenticity of her signature on the note.

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    Answer with Negative and Affirmative Defenses

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    This document contains an answer with affirmative defenses filed by the defendant Lorna R. Fernandez in response to a civil complaint filed by Lorelei G. Lopez for collection of debt. Fernandez denies signing the promissory note and asserts it is a forgery. Alternatively, she argues that if signed, the agent lacked authority, the debt was from gambling losses, or has already been paid. Fernandez verifies the contents and denies the authenticity of her signature on the note.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Answer With Negative and Affirmative Defenses

    Uploaded by

    Michael Vincent Bautista
    This document contains an answer with affirmative defenses filed by the defendant Lorna R. Fernandez in response to a civil complaint filed by Lorelei G. Lopez for collection of debt. Fernandez denies signing the promissory note and asserts it is a forgery. Alternatively, she argues that if signed, the agent lacked authority, the debt was from gambling losses, or has already been paid. Fernandez verifies the contents and denies the authenticity of her signature on the note.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REPUBLIC OF THE PHILIPPINES

    FIRST JUDICIAL REGION


    MUNICIPAL TRIAL COURT
    Branch 2
    Baguio City

    LORELEI G. LOPEZ ,
    Plaintiff,
    -versus- CIVIL CASE NO. CC-09871
    FOR: Collection of Sum of
    Money
    LORNA R. FERNANDEZ,
    Defendant.
    x----------------------------------------------------x

    ANSWER WITH NEGATIVE AND AFFIRMATIVE DEFENSES


    Defendant, by counsel and to this Honorable Court respectfully states:

    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 authentication of the


    promissory note, Annex “A” of the complaint, the truth being that the same
    is a forgery and that she did not execute nor sign the same.

    3. Assuming, arguendo, that the promissory is genuine and duly executed; it


    was executed by a person on behalf of defendant, without any authority
    from defendant.

    4. Assuming, further, that the agent who signed the promissory note on
    behalf is duly authorized to do so, the amount of indebtedness therein
    stated 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 is legitimate, plaintiff has been paid the amount
    thereof.

    PRAYER
    WHEREFORE, defendant respectfully prays that the complaint be dismissed for
    lack of merit, with costs against plaintiff.

    Defendant further prays for such relief as may be just and equitable in the
    premises.

    Baguio City, Philippines, this 30th day of August 2014.

    ATTY. DEANNE C. MANADAO


    Counsel for Defendant
    Unit 3B, 3rd Floor, Porta Vaga Building
    Session Road, Baguio City
    (074) 422-4388/ 09057037608
    PTR No. 052108; 1-15-10/Baguio City
    Roll of Attorney No. 808310; 1-15-10/Baguio City
    IBP Lifetime Membership No. 1029338; Baguio-Benguet
    REPUBLIC OF THE PHILIPPINES }
    DONE: IN THE CITY OF BAGUIO } S.S.
    X ============================ X

    VERIFICATION

    I, LORNA R. FERNANDEZ, of legal age, Filipino Citizen, with residence and


    postal address at No. 35 St. Joseph Village, Navy Base Extension, Baguio City after
    being duly sworn to in accordance with law, hereby depose and states:

    1. That I caused the preparation of the foregoing answer with defenses, and
    the allegations therein are true and correct of her personal knowledge
    and/or based authentic records.

    2. Those I further states that the promissory note, Annex “A” of the
    complaint, is a forgery and her signature therein has been forged, she not
    having executed the said promissory note.

    IN WITNESS WHEREOF, I have hereunto affixed my hand this 30th day of


    August 2014 in the City of Baguio Philippines.

    LORNA R. FERNANDEZ
    Defendant/Affiant

    SUBSCRIBED AND SWORN to before me in the City of Baguio this 30th day of
    August 2014 by LORNA R. FERNANDEZ, personally known to me, who is the same
    person who personally signed before me the foregoing affidavit and acknowledged that
    she executed the same.

    ATTY. LESLIE D. RAGUINDIN


    Notary Public
    Until December 31, 2015
    Unit 4A, 4th Floor, Puso ng Baguio
    Building, Session Road, Baguio City
    (074) 442-8989 . 09175444345
    PTR No. 219193 / Baguio City
    Roll of Attorney No. 91516; 3-14-12 /
    Baguio City
    Doc. No. 21; IBP Merbership No. 1932158
    Page No. 5; Baguio-Benguet
    Book No. II; MCLE No. III-001178, 07-27-12
    Series of 2014. Commission Serial No. 85-NC-11 (R)
    TIN: 033-507-420

    NOTICE
    Copies of this answer were personally filed and delivered to:

    The Clerk of Court


    Municipal Trial Court
    Branch 2, Baguio City

    -and-

    ATTY. LAUREN D. KITT


    Counsel for the Plaintiff
    Rm. 4A, 4th Floor, EDY Bldg.,
    #211 Kisad Road,
    Baguio City

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