REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

City of Bacoor Cavite
Branch 19
Cruz, et al.,
Plaintiff,
-versus-

CIVIL CASE NO. BCV-05-89

Carmona Del Carmen,

Defendant.
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ANSWER WITH COUNTERCLAIM
Defendant, through the undersigned counsel, most respectfully file their Answer in response
to the Complaint of the Plaintiffs and interpose as well as their counterclaim against the latter, to wit:
1.

Paragraphs 1 and 2 of the Complaint are admitted.

2. Paragraphs 2 to 6 of the Complaint are denied for lack of knowledge or information sufficient to
form a belief as to the veracity or falsity thereof, the allegations therein being matters known only to,
and are within the control only, of the plaintiff.
3.

Paragraphs 7 to 9 of the Complaint are admitted.

4. Paragraph 10 of the Complaint is denied as the allegations are merely an act to pre-empt the
defendants exercise of her right to pursue collection by court action and is intended to embarrass
her in order to coerce her into returning the title that was the subject of the Memorandum of
Agreement without first paying the loans obtained in the aforementioned amount, the truth being
those alleged in the special and affirmative defenses part herein below.
SPECIAL AND AFFIRMATIVE DEFENSES
5.
The title to the subject property is in the name of the Elisas Rice Mill, represented by Ms. Del
Carmen, its registered owner, and not the plaintiff, as per the Memorandum of Agreement with the
Plaintiffs. (See Annex A)
6.
The plaintiff is not entitled to the return of the title of the property, there being no breach of
contract on the part of the Defendant, contrary to the allegations of the Plaintiffs in Par. 3 of the
Complaint.

7. The alleged indebtedness of the Defendant is unsubstantiated by any evidence and is an act to
pre-empt the defendants exercise of her right to pursue collection by court action.
COMPULSORY COUNTERCLAIM
8. Defendant demands the payment of P16, 700, 141.15 as the amount of the unpaid reimbursement
of the Plaintiffs for the advance payment of the capital gains tax, documentary stamp tax of the
property in question,
9. By reason of the instant precipitate and unfounded suit, the defendant was constrained to hire the
services of a lawyer to defend his rights and interests for a professional fee of P20,000.00 plus
P3,000.00 per court appearance;
10. Similarly, the plaintiffs unfounded suit has caused the defendant mental anguish and suffering
and public humiliation and embarrassment, for which the defendant claims moral damages of
P100,000.00.
WHEREFORE, premises considered, it is respectfully prayed that the complaint be
dismissed for lack of merit and the defendants compulsory counterclaim be granted, i.e.. attorneys
fees of P20,000.00 plus moral damages of P100,000.00, plus costs of suit.
The defendant respectfully prays for such and other reliefs as may be deemed just and
equitable in the premises.
City of Bacoor, Cavite, September 22, 2005.
GACUTAN AND SALAZAR LAW OFFICE
Counsel for the Defendant
Suite 258 The Tower
Malate, Manila
By:
ARVIN GACUTAN
Roll No. 98765
IBP No, 12345/1-3-2012/Manila
PTR No. 34567/1-3-2012/Manila

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines
City of Bacoor, Cavite

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I, Carmona Del Carmen, of legal age, Filipino citizen, married and resident of 345 UN
Avenue, Manila, after having duly sworn to in accordance with law, do hereby depose and say:
That I am the defendant in the above-entitled case;
That I have read and caused the preparation of the foregoing Answer and have read the
allegations contained therein;
That all allegations in said Answer are true and correct of my own knowledge and based on
authentic records;
That 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;
That 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;
That 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 22nd day of September
2005 in the City of Manila.
Carmona Del Carmen
SUBSCRIBED AND SWORN TO before me this 22nd day of September 2005, in the City of
Bacoor Cavite, affiant exhibiting to me her GSIS I.D. No. 12345 in the City of Manila.
Copy furnished:
ATTY. FRETTI LAUREL
Counsel for the Plaintiff
Unit 1234 Laurel Building
Sampaloc, Manila