Republic of The Philippines Regional Trial Court of Misamis Oriental 10 Judicial Region Branch 22 Cagayan de Oro City

Republic of the Philippines
REGIONAL TRIAL COURT of MISAMIS ORIENTAL

10th Judicial Region
Branch 22
Cagayan de Oro City
MARIA DELA CRUZ, Civil Case No. 58456

Plaintiff, For: Support
-versus-
JASPER ALON,
defendant.
x-------------------------------------------x
ANSWER with AFFIRMATIVE DEFENSES and COUNTERCLAIMS
Defendant, through counsel, and unto this Most Honorable Court, stating
and most respectfully averring the following Answer, thus:
1. The defendant received the Summons dated January 16, 2020,

ordering the defendant to file his Answer within fifteen (15) days vis-
à-vis, the complaint filed by the plaintiff;
a. The summons was received by the defendant on January 20,

2020 and should have until February 4, 2020 to file his Answer;
2. At the outset, all denials found herein are subject to the defendant’s
Affirmative Defenses, if applicable;
3. To begin, paragraphs 1, 5 and 6 may be admitted;
4. Paragraph 2 is denied, the truth of which are those set forth in our
affirmative defenses;
5. Paragraph 3 is admitted as to the first part but denied as to the last part
for lack of actual knowledge and information sufficient to form a
belief as to the truth of the material averment;
1
AFFIRMATIVE DEFENSES
The complaint fails to state a cause of action
6. Aside from the bare allegations of the plaintiff in her complaint, there
is nothing that can prove that the defendant is the father of the
plaintiff’s child;
7. “The basic rule is that mere allegation is not evidence,and is not

equivalent to proof.”1 “It is hornbook doctrine that mere allegations
do not constitute proof. As held in Real v. Belo,85 "it is basic in the
rule of evidence that bare allegations, unsubstantiated by evidence,
are not equivalent to proof. In short, mere allegations are not
evidence.”2;
8. The plaintiff alleged that the defendant and herself had done an act
involving sexual intercourse, but the plaintiff failed to substantiate
this;
9. “It is well-settled that the existence of a cause of action is determined

by the allegations in the complaint.In this relation, a complaint is said
to sufficiently assert a cause of action if, admitting what appears
solely on its face to be correct, the plaintiff would be entitled to the
relief prayed for. Thus, if the allegations furnish adequate basis by
which the complaint can be maintained, then the same should not be
dismissed, regardless of the defenses that may be averred by the
defendants.”3;
10. “What is contemplated, therefore, is a failure to statea cause of

action which is provided in Sec. 1(g) of Rule 16. This is a matter of
insufficiency of the pleading. Sec. 5 of Rule 10, which was also
included as the last mode for raising the issue to the court, refers to
the situation where the evidence does not provea cause of action. This
is, therefore, a matter of insufficiency of evidence. Failure to state a
cause of action is different from failure to prove a cause of action.
The remedy in the first is to move for dismissal of the pleading,
whilethe remedy in the second is to demur to the evidence, hence
reference to Sec. 5 of Rule 10 has been eliminated in this section. The
procedure would consequently be to require the pleading to state a
cause of action, by timely objection to its deficiency; or, at the trial, to
file a demurrer to evidence, if such motion is warranted.”4;
11. “Failure to state a cause of action and lack of cause of action are
distinct grounds to dismiss a particularaction. The former refers to
1
Philippine National Bank v. Court of Appeals, G.R. No. 116181, January 6, 1997, 266 SCRA 136, 139.
2
GSIS v. Prudential Guarantee and Assurance, Inc., G.R. No. 165585, November 30, 2013.
3
The Consolidated Bank and Trust Corp. v. CA, 274 Phil. 947, 955 (1991)
4
Regalado, Remedial Law Compendium, Volume I, Ninth Revised Ed. (2005), p. 182. (Italics in the original.)
2
the insufficiency of the allegations in the pleading, while the latter to
the insufficiency of the factual basis for the action. Dismissal for
failure to state a cause of action may be raised at the earliest stages
of the proceedings through a motion to dismiss under Rule16 of the
Rules of Court, while dismissal for lack of cause of action may be
raised any time after the questions of fact have been resolved on the
basis of stipulations, admissions or evidence presented by the
plaintiff.”5;
12.Upon reviewing the complaint, it has failed to substantiate the

plaintiff’s claim;
a. Therefore, considering the insufficiency of the allegations, this

complaint should be dismissed;
WHEREFORE, premises considered, it is most respectfully prayed

of this Most Honorable Court that the Complaint be dismissed for lack of
merit and basis and the affirmative defenses be heard and granted.
Other relief and remedies just and equitable under the law are likewise
prayed for.
Respectfully submitted, January 30, 2020 Cagayan de Oro City,

Philippines.
JOANNE MARIE D. PACURIBOT

PTR No. 45281,07/06/2019, Cagayan de Oro City
IBP No. 58451, 07/09/2019, Cagayan de Oro City
MCLE Comp. No. 44574, 06/05/2019,
Roll No. 565654
COPY FURNISHED BY PERSONAL SERVICE:
Atty. Juan dela Cruz By: ______________

Cagayan de Oro City Date: ____________
5
Macaslang v. Zamora, G.R. No. 156375, May 30, 2011, 649 SCRA 92, 106-107.
3

Republic of The Philippines Regional Trial Court of Misamis Oriental 10 Judicial Region Branch 22 Cagayan de Oro City

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Republic of The Philippines Regional Trial Court of Misamis Oriental 10 Judicial Region Branch 22 Cagayan de Oro City

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Republic of the Philippines

REGIONAL TRIAL COURT of MISAMIS ORIENTAL

MARIA DELA CRUZ, Civil Case No. 58456

ANSWER with AFFIRMATIVE DEFENSES and COUNTERCLAIMS

1. The defendant received the Summons dated January 16, 2020,

a. The summons was received by the defendant on January 20,

3. To begin, paragraphs 1, 5 and 6 may be admitted;

The complaint fails to state a cause of action

7. “The basic rule is that mere allegation is not evidence,and is not

9. “It is well-settled that the existence of a cause of action is determined

10. “What is contemplated, therefore, is a failure to statea cause of

12.Upon reviewing the complaint, it has failed to substantiate the

a. Therefore, considering the insufficiency of the allegations, this

WHEREFORE, premises considered, it is most respectfully prayed

Respectfully submitted, January 30, 2020 Cagayan de Oro City,

JOANNE MARIE D. PACURIBOT

COPY FURNISHED BY PERSONAL SERVICE:

Atty. Juan dela Cruz By: ______________

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