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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


12TH Judicial Region
Branch 40, Surigao City
CHIWAWA PLAZA,
Plaintiff,
CIVIL CASE NO. 12345
-versusRIDEN BOY,
Defendant.
x--------------------------------------------x

For: Annulment of Deed of Sale,


Transfer Certificate of Title,
Reconveyance and Damages

ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions / Denials
1. The defendant admits the contents of paragraph 1 and 2 insofar as the
plaintiffs and defendants personal circumstances is concerned.
2. The defendant admits conditionally the allegations in paragraph 3 and
4 of the complaint, the truth of the matter is that the assessed value of
the subject property is only One Million Pesos (Php 1,000,000.00) and
that as the registered owner of the subject property prior to the date of
sale, it is incumbent upon him to pay the real estate taxes thereof.
3. That defendant specifically denies the allegations of paragraph 5, 6, 7
and 8. The truth of the matter is that the plaintiff entered into a
contract of sale with the defendant covering the said real property with
Original Certificate of Tittle No. 332211 as the subject of such deed of
absolute sale executed on August 1, 2015, marked as ANNEX 1.
4. That there has been no agreement entered into by and between the
plaintiff and the defendant concerning the non-payment of loan for 5
years by reason that what has been executed is a deed of absolute sale
and such contract shall govern the parties thereto including his heirs
and assigns.

5. Plaintiff, just to justify and boost his claim cannot hide under the cloak
of illiteracy to escape from any liability and obligations arising out of
the contract of sale in order to defraud or work to the disadvantage of
the other party which in the case at bar is the defendant, because the
presumption of regularity in the execution of contract will govern
between the plaintiff and the defendant. Besides, the documents
executed by and between the defendant and the plaintiff is a duly
notarized document which constitute a notice to the whole world and
as such, it is highly improbable for the plaintiff to claim illiteracy
when in truth and in fact he can avail of a services of a lawyer in order
to protect his interest.
6. The Plaintiff claims that he was made to believe by the defendants to
sign a document representing to be a Contract of Real Estate Mortgage
on the One Million Peso (Php 1,000,000.00) Loan with 12% interest
per annum, but in reality it was a deed of sale has no leg to stand on in
law. In any civil or criminal action it is the duty of the plaintiff or the
complainant to prove what he alleged in his complaint and he should
not rely on the strength and weakness of the evidence of the defense
but he should present evidence to prove what he allege. The plaintiff
in the instant case did not only rely on his pure allegation but failed to
adduce evidence in support of his allegations against the defendant as
contained in paragraph 7 and 8 of his complaint. It is elementary in
every court proceedings that a mere allegation unsupported by a
concrete object or documentary evidence is fatal to the plaintiffs
cause.

Counterclaim

1. That the defendant suffered besmirch reputation, mental anguish,


sleepless nights due to the filling of the baseless complaints by the
plaintiff and claimed Fifty Thousand Pesos (Php 50,000.00) by way
of moral damages.

2. That he engages the services of an attorney at law to protect his


interest and incurred Thirty Thousand Pesos (Php 30,000.00) as

attorneys fees and Ten Thousand Pesos (Php 10,000.00) as cost of


litigation.

Prayer

WHEREFORE, premises considered defendant, most respectfully


prayed of this Honorable Court that judgement be rendered:
a) Dismissing the complaint for utter lack of merit and cause of action.
b) Ordering the plaintiff to pay the defendant moral damages, attorneys
fees and cost of litigation as prayed for in the preceding paragraph,
and
c) And such other relief as may be deemed just and equitable under the
circumstance.

City of Surigao, August 9, 2016.


ATTY. DONJIE SAPPHIRE ZERDA
Counsel for the Defendant
Roll No. 98765
IBP No, 12345/1-3-2010/CdO
PTR No. 34567/1-3-2010/CdO
MCLE COMPLIANCE CERTIFICATE NO. 556678
PEQUINA ASSOCIATES LAW OFFICE
Suite 258, The Tower
Parola, Surigao City
Copy furnished:
ATTY. CHELLE URBIZTONDO
Counsel for the Plaintiff

c/o Sharks and Associates Law Firm


Kodys Building,
Boulevard, Surigao City
IBP No. 1234567/1-02-15
PTR No. 23456/ 1-02-15
Roll No.666
MCLE Compliance No. IV-7654/03-21-2015
Telephone No. (086) 826-8260

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