You are on page 1of 3

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


Branch ___
Cebu City

Dominica dela Cruz, heir of


decendent dela Cruz,
Plaintiff, Civil Case No. ____________

versus For: Annulment of the Deed of


Extrajudicial Settlement,
Cancellation of Title, and
Damages

Katarina dela Cruz, heir of decedent Juan dela Cruz


Defendant.

ANSWER

RESPONDENT, through undersigned counsel, most respectfully manifest that on


February 16, 2018, she received a copy of the COMPLAINT of PLAINTIFF in the
above-entitled case and by way of an ANSWER to the matters alleged therein,
hereby states:

1. That RESPONDENT admits paragraph 1, 2, 3, 4, and 7 of the COMPLAINT;

2. That RESPONDENT denies specifically each and every material allegation


made in paragraph 5 of the COMPLAINT for the reason that the execution of the
EXTRAJUDICIAL SETTLEMENT was not made fraudulently;

3. That although PLAINTIFF is the full-blood sister of RESPONDENT and one of the
sole heirs of DECEDENT, she has already relinquished her legal interest over
DECEDENT’s estate;

4. That on February 21, 1982, RESPONDENT escorted PLAINTIFF to Mactan


International Airport for the latter’s flight to the United States;

5. That before PLAINTIFF boarded the plane, she handed RESPONDENT a duly
notarized Special Power of Attorney (SPA) (attached herewith as Annex 1);
6. That the said SPA appointed RESPONDENT as the PLAINTIFF’s agent to execute
an EXTRAJUDICIAL SETTLEMENT and a DEED OF ABSOLUTE SALE in favor of the
RESPONDENT;

7. That through the SPA, PLAINTIFF (as represented by RESPONDENT as her agent)
executed an EXTRAJUDICIAL SETTLEMENT and a DEED OF ABSOLUTE SALE in favor
of RESPONDENT in the amount of TWO MILLION PESOS (Php2,000,000.00) on
February 28, 1982 (attached herewith as Annex 2 and Annex 3, respectively);

8. That because of the EXTRAJUDICIAL SETTLEMENT and the DEED OF ABSOLUTE


SALE, PLAINTIFF transferred her legal interest over the subject properties to
RESPONDENT;

9. By reason of the unfounded suit, RESPONDENT had no choice but to hire the
services of a lawyer to defend her rights and interests for a professional fee of
FORTY THOUSAND PESOS (Php 40,000) plus TWO THOUSAND (Php 2,000.00) per
appearance;

10. Similarly, because of the unnfounded suit made by the PLAINTIFF,


RESPONDENT suffered sleeplees nights, mental anguish, and besmirched
reputation, in which RESPONDENT claims ONE HUNDRED THOUSAND PESOS (Php
100,000.00) as moral damages;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed from this


Honorable Court that, after due notice and hearing, judgment be rendered as
follows:

1. ORDERING the Deed of Extrajudicial Settlement of Estate VALID AND


EFFECTIVE;

2. ORDERING the Transfer Certificates of Title No. 121512 as VALID;

3. ORDERING PLAINTIFF to pay DEFENDANT:

a) Php 40,000.00, P2,000 per appearance as and for attorney’s fees;

b) Php100,000.00 as moral damages;

Plaintiffs pray for such other reliefs and remedies that are just and equitable
under the premises.
Cebu City, Philippines. Month Day, Year.

You might also like