Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch 31, San Pedro Laguna
SPOUSES ANICIETO A. ASIO
AND FELOMENA ASIO
Plaintiffs,
-vsSPOUSES BENIGNO U. TAGAS AND
Damages
SARAH T. TAGAS,
RURAL BANK OF CANLUBANG
PLANTERS, INC., PLANBANK, and
REGISTER OF DEEDS OF CALAMBA,
LAGUNA,
Defendants

CIVIL CASE No. SPC-1061

For: Annulment of Real
Estate Mortgage and

x--------------------------------------------------x
ANSWER WITH COUNTER CLAIM
Defendants Benigno U. Tagas and Sarah Tagas 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:
ADMISSIONS AND DENIALS
1. Defendants admits paragraphs 1, 3 and 4 of the complaint;
2. Defendants denies paragraphs 2, 5, 6 and 13 for having no personal knowledge of the
statements indicated therein;
3. Defendants denies paragraphs 7, 8, 9, 10, 11, 12, 14, 15 and 16, of the complaint for
being incorrect and untrue, the correct and true statements on the matters stated in
these paragraphs are those stated in the affirmative defenses and counterclaims
hereafter set;
AFFIRMATIVE DEFENSES
4. The Defendants very much doubts the allegation that Plaintiffs did not know of the
existence of the Defendants, both parties were friends when the Plaintiffs were still
residing in the Philippines;
The Special Power of Attorney enjoys the presumption of regularity.
5. The Defendants denies that the Plaintiffs did not know of the existence of the Special
Power of Attorney made by the Plaintiffs in favor of the Defendants. A copy of the
Special Power of Attorney is attached as Annex A;
6. The Special Power of Attorney being a duly notarized document is a public document
which enjoys the presumption of regularity1. Such presumption cannot be overturned
by simply providing for specimens of the Plaintiffs signature.
The Defendants are in possession of the TCT of the land covered by the REM.
1 Eulogio v. Apeles G.R. No. 167884

7. The Defendants likewise denies that the Plaintiffs did not know of the loan contract
engaged with PLANBANK guaranteed by Real Estate Mortgage (REM) over a parcel
of land owned by the Plaintiffs covered by Transfer Certificate of Title No. T-608621.
A copy of the loan contract, Real Estate Mortgage and TCT is attached as Annex
B, Annex C and Annex D respectively.
8. It would be highly improbable to have contracted a loan with PLANBANK
guaranteed by Real Estate Mortgage if the defendants were not in possession of the
TCT over the subject land covered by the REM. The same TCT was given to the
Defendants by the Plaintiffs themselves.
Counterclaim
9. Due to the malicious filing of this instant suit, Defendants have been caused to hire
the services of the undersigned counsel for an agreed amount of Philippine Pesos:
Five Hundred Thousand (PHP 500,000.00) and have suffered sleepless nights and
besmirched reputation which when quantified in monetary terms is in the amount of
Philippine Pesos: Five Hundred Thousand (PHP 500,000.00.)
PRAYER
WHEREFORE, in view of the foregoing, it is respectfully prayed that the complaint be
dismissed, and the counterclaim be awarded to the Defendants.
Other just and equitable remedies are also prayed for.
Respectfully submitted.
Makati City for Laguna, January 5, 2015
IRAO AND ASSOCIATES
555 Tall Tower, Short Ave.,
Makati City, Philippines 1207
By:
Genesis Paul C. Irao
IBP No. 123456; 01-01-2015; Makati City
PTR No. 1234567; 01-01-2015; Makati City
Attys Roll No. 123456
MCLE Compliance No. IV 0015210, 4-17-2013
Contact No. (02) 123-45-67
Email address: genesis.paul@me.com
Copy Furnished:
Atty. Martha Rose C. Serrano
(No Address provided in complaint)
EXPLANATION
Copy of this pleading was sent to the opposing counsel through registered mail as personal
service is impracticable.

Genesis Paul C. Irao