counter claim.pdf

7/27/2019 Counter Claim.pdf

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT

Branch 1

City of Quezon

MR. MALLY VOGUEPlaintiff,

Criminal Case No. 1-Versus- For: Qualified Theft

MR. ARMANDO BACLAYANDefendant.

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. That the defendant admits the averment in paragraphs 1,2,3,5,6,7,8, and11 of the complaint. That (1) Plaintiff is of legal age and businessman

and lives in the mentioned address in the complaint, and the HR

manager of Awesome Surveillance & Security Stuff (ASSS), (2) That

the defendant is also of legal age and a sales coordinator of ASSS. (3)

That defendant the defendant failed to remit the money on the report towork order and the receipt of payment from Mr. Xavier. (4) That as a

sales coordinator he is an important member of the company and

regarding the previous case of appropriation condoned by company was

agreed to be deducted from his salary.

2. That the defendant denies the averment in paragraph 4 of the complaint.That the plaintiff had an agreement with the defendant to receive money

in behalf of ASSS, though he avers that he had been given responsibility

for the two (2) projects as evidenced in Annex C and D but, never did

he have a personal agreement with the plaintiff.


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3. That the defendant strongly denies that he received the noticementioned in paragraph 9 of the complaint.

4. The defendant denies the allegation of the plaintiff that the ground forthe criminal action filed was the letter acknowledging the mistake sent

by the defendant, as implied in paragraph 11 and 12 of the complaint,

when such letter was sent to the HR department of the corporation after

the first instance of appropriation of the money by the defendant, which

is before his prolonged absence.

By way of special and affirmative defenses, defendant avers:

1. That he is in possession of the money and failed to remit the dues.2. That the defendant has no intention of not remitting the money

demanded; and has no intention of abusing the confidence reposed to

him as a sales coordinator of ASSS.

3. That the defendants prolonged absence was due to the fact that he hasto urgently attend to his ailing grandmother in the province of Cagayan,

and that the place was so remote, and to that effect communication was

almost impossible.

4. That the defendant ran out of money due to the medical expenses of hisailing grandmother and has to sojourn and do odd jobs there for a while

in order to raise money to return to Manila, instead of just using the

company money he is in possession of.

By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted act initiated by the plaintiff, thedefendant was forced to contract the services of counsel in the sum of

P 20,000.00.

2. That there were no sufficient grounds for termination of due to the factthat he was not given any notice to explain his failure to remit said

money.

3. That the complaint cannot prosper since itssine qua non element to wit,the grave abuse of confidence and intent to gain is absent, and that the

plaintiff based his allegations upon unfounded fears.


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WHEREFORE, it is respectfully prayed that the complaint be dismissed and

Defendant be awarded the amount of P50, 000.00

Other equitable reliefs are likewise prayed for.

City of Quezon, Philippines, 18th of July, 2013.

ATTY. JEREKKO A. CADORNAAttorney for the Defendant

P.T.R. No. 6969 January 1, 2013 Manila

IBP O.R. No. 7769 January 1, 2013 Manila


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VERIFICATION

IArmando Baclayan, subscribing under oath, hereby deposes and statesthat:

I am the defendant in the instant case.

I have read the foregoing answer and the allegations therein are true andcorrect of my own knowledge and/or based on the records on hand.

____________________Armando Baclayan

Defendant

JURAT

SUBSCRIBED AND SWORN to me, in the City of Quezon this 18th

day of July, 2013 by, Armando Baclayan with Community Tax CertificateNo. 199212 issued at Quezon City on March 1, 2012

NOTARY PUBLIC

My Commission expires Dec. 31, 2013IBP No. 7969, 1/2/2013, Quezon City

P.T.R. No.7770, 2/2/213, Quezon City

Doc. No._____;

Page No._____;Book No._____;

Series of 20____.

counter claim.pdf

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