REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH __
MANILA CITY

Plaintiff
Civil Case No. 22320-13-4724
For: ANNULMENT OF
TITLE

Versus

Defendants

x------------------------------x

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 are
concerned;

2. The defendant strongly denies the allegations in paragraph 3 and 4

of the complaint, the truth of the matter is that Mr. X, of whom the
plaintiff entered a contract with as evidenced by a Deed of
Absolute Sale covering the land in dispute attached in the
complaint as Annex A, is the defendants brother who is neither
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 the owner of the said land nor has the right nor authority to dispose
of the said land. Given that his predecessor has no right to dispose
of the land in dispute, the plaintiff does not have any grounds
whatsoever to submit Notice of Adverse Claims in relation to such
property;

3. The defendant denies the allegations in paragraphs 5, 6 and 11 of

the said complaint for he is still the owner of the land in dispute
and has not yet transferred the same to anyone. The defendant
never executed the said Deed of Absolute Sale in favor of the
plaintiff nor of anyone. In fact, he was not even a party to such
contract but his brother, Mr. X. With that, it was just right for him
to refuse the plaintiffs demand to have a duplicate copy of the title
for the eventual transfer to his name;

4. The defendant admits conditionally the allegations in paragraph 7,

8, 9 and 10 of the complaint. He, as the rightful owner of the land
in dispute and having the authority to do whatever as he pleased
with such property provided the same is not contrary to law,
subdivided it and move to have separate titles thereto thus have the
original title cancelled. He also introduced some improvements
thereto that led the assessed value of the property for more than
Fifty Thousand Pesos (P50, 000.00). In consequence of todays
economic crisis, He also decided to have the other portion of the
property open for rentals and have received profits thereto. All of
these activities were faithfully undertaken to by him as the rightful
owner of the land subject of this litigation;

Counterclaim

1. The defendant suffered besmirched reputation, mental anguish, and

sleepless nights due to the filling of the baseless complaints by the

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 plaintiff and claimed Fifty Thousand Pesos (Php 50,000.00) by
way of moral damages.

2. 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 judgment 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.

September 10, 2017, City of Manila, Philippines

(Signed)
(Name of the Counsel)
Counsel for the Defendant
Rm. 123, Bea Building, Dominga St., Malate, Manila
Roll No. 12345
IBP No, 12345/1-3-2010/Pasay City

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 PTR No. 12345/1-3-2010/Pasay City
MCLE COMPLIANCE CERTIFICATE NO. X-1234567
09181234567
abc.123@yahoo.com

Republic of the Philippines)

City of Manila) Sc.
x---------------------------------------------x

VERIFICATION/CERTIFICATION

I, (Name of Defendant), Filipino, of legal age, single, and a resident of

5678 Donada St., Pasay City, Metro Manila, after having been duly
sworn in accordance with law, depose and say:

1. I am the defendant in the above-entitled case;

2. I have caused the preparation of this Answer with

Counterclaim;

3. I have read and understood the contents of the same and that the
allegations stated therein are true and correct to the best of my
personal knowledge and based on the authentic records;

4. That I hereby certify that at the time of the filing of this

complaint , I have not commenced any other action involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; that to the best of our knowledge, no such action
is pending or was terminated in the Supreme Court, similar action has
been filed or is pending in the Supreme Court, the Court of Appeals,

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 or any other tribunal or agency wherein the original pleading and
sworn certification has been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

19th day of September 10, 2017, City of Manila, Philippines.

(Name of Defendant)
Affiant

SUBSCRIBED AND SWORN to before me, this _____________, by

_____________ who exhibited to me (his/her) Community Tax Certificate
No. _____________ issued at _____________, Philippines on
_____________.
Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

Copy furnished:

(Name of the Counsel)

Counsel for the Plaintiff
(Office/Firm Address)
IBP No.
PTR No.
Roll No.
MCLE Compliance No.
(Contact Number)

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(E-mail Address)

Explanation

This certifies that personal service was not resorted to for the reason
that due to time and manpower constraints, the same is impracticable.

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