Answer With Cross-claim Sample

Answer with Cross-claim Sample REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT City of Manila Branch 1 XIAN LAO, Plaintiff, -versus-

CIVIL CASE No. 12345

MATEO GO, Defendant. x---------------------------------------x ANSWER WITH CROSS-CLAIM COMES NOW, the defendant, through the undersigned counsel and unto this Honorable Court, most respectfully avers: 1.That he ADMITS paragraph 2 of the complaint; 2.That he DENIES paragraph 3 of the complaint, the truth being that it was the defendant JOLO TREVOR who applied for and exclusively benefited from the loan with the plaintiff, answering defendant acting as mere co-signer in the promissory note to accommodate defendant TREVOR and to guarantee the loan; 3.That he lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 3, 4, and 5 of the complaint and therefore, specifically DENIES the same; SPECIAL/AFFIRMATIVE DEFENSES 4. That without the knowledge and consent of answering defendant, the principal condition of the loan was changed and the term of payment thereof was unreasonably extended by the plaintiff, to the prejudice of answering defendant; 5. That there was undue delay on the part of the plaintiff in enforcing the payment of the obligation, and the loan could have been paid immediately at maturity had there been prompt and timely notification to answering defendant of the non-payment of the loan by defendant TREVOR; CROSS-CLAIM AGAINST HIS CO-DEFENDANT 6. That defendant TREVOR should reimburse answering defendant on any and whatever amount the latter may be held answerable or which he may be ordered or suffered to pay under and by virtue of the present action in favor of the plaintiff, answering defendant not having benefited whatsoever from the loan which defendant TREVOR obtained from the plaintiff; 7. That defendant TREVOR should pay plaintiff directly and fully on the amounts claimed by the latter in its complain he having benefited directly and exclusively from the transaction alleged in the complaint; WHEREFORE, premises considered, answering defendant respectfully prays to the Honorable Court to render judgment as follows: 1.By dismissing the complaint against answering defendant;

2.By ordering defendant TREVOR to pay directly and fully to the plaintiff the amounts claimed by the latter in the complaint; 3.By ordering defendant TREVOR to pay answering defendant for any and whatever amounts the latter may be held liable to or be ordered or suffered to pay plaintiff under and by virtue of the plaintiff’s claim in the present action. Answering defendant prays such other relief and remedies as may be deemed just and equitable under the premises. City of Manila, October 1, 2012. MORALES AND ASSOCIATES LAW OFFICE Counsel for the Defendant Mateo Go Suite 109 Morales Tower Paco, Manila By: ZEUS MORALES Roll No. 12345 IBP No. 23456/1-18-2012 PTR. No. 34567/1-18-2012 VERIFICATION / CERTIFICATION OF NON-FORUM SHOPPING Republic City of Manila

of ) S.S.

the

Philippines

)

I, MATEO GO, of legal age, Filipino citizen, single and resident of 234 San Bartolome St., Manila, after having duly sworn to in accordance with law, do hereby depose and say that: 1. I am the defendant in the above-entitled case; 2. That I have caused the preparation of the foregoing ANSWER and have read the allegations contained therein; 3. The allegations in said answer are true and correct of my own knowledge and based on authentic records; 4. I hereby certify that I have not commenced any other action or proceeding 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; 5. If I should thereafter learn that a similar action or proceeding has been filed or is pending, I hereby undertake to report that fact within five (5) days therefrom to the court or agency where the original pleading and sworn certification contemplated herein have been filed; 6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this 1st day of October 2012, in the City of Manila. MATEO GO SUBSCRIBED AND SWORN TO before me this 1st day of October 2012, in the City of Manila, affiant exhibiting to me his SSS ID No. 123456 issued on January 5, 2012.

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Book No. _______ Series of 2012. Copy furnished: ATTY. JADE GAYONDATO Counsel for the Plaintiff Unit 876 Gayondato Bldg. Pandacan, Manila JOLO TREVOR Defendant 123 Singalong St. Manila EXPLANATION Copy of the ANSWER was served by registered mail due to time and distance constraints and for luck of the undersigned’s staff who can serve the same in person. ZEUS MORALES