Republic of the Philippines

Province of Iloilo
MUNICIPAL TRIAL COURT OF DUMANGAS
Dumangas, Iloilo
___________________

CIVIL CASE NO.

For: _____________________

Plaintif,
-versus__________________
Defendant.
x------------------------------------------x

ANSWER WITH COUNTERCLAIM

COMES NOW defendant ________________, through the undersigned
counsel and to this Honorable Court, most respectfully alleges:
1. Defendant admits the allegations in paragraphs I.a, I.b & I.c of the
complaint;
2. Defendant denies the allegations in paragraph II.a of the complaint
for lack of knowledge or information sufficient to form a belief as to the truth
or correctness of the allegations made therein;
3. Defendant denies the allegations contained in paragraph II.b of the
complaint, the truth being that defendant is of the belief that she is still a coowner of the subject property being the heir of _____________ who is one of
the children of _____________, one of the registered owners in Transfer
Certificate of Title No. ____________ which covers the herein subject lot;
4. Defendant denies the allegations contained in paragraph II.C of the
complaint, the truth being that the Transfer Certificate of Title No. __________
does not only indicate the names of ______________ and _______________ as the
registered owners but also that of __________ and ______________;
5. Defendant denies the allegations contained in paragraph II.d of the
complaint, the truth being that one of the owners ______________ could not

have mortgaged it in 1984 as indicated by the annotations in TCT

No._________ considering that he passed away already sometime in 1982. As
shown by the annotations in the same Transfer Certificate of Title, the said
mortgage obtained by plaintiff in 1984 was through a Special Power of
Attorney executed by ________________ on October 20, 1981 in favor of the
plaintiff. Further, defendant and her family were not just permitted to occupy
the said property as the same was the share of defendants late husband,
the

latter

being

one

of

the

descendants

of

the

registered

owner

______________ under TCT No. ______________. Attached hereto is the machine

copy of TCT No. ___________ as and is made an integral part of this Answer
with Counterclaim;
6. Defendant denies the allegations contained in paragraph II.e of the
complaint the truth being that plaintiff is bound to respect the possession of
the defendant as a co-owner of the property in question and such property to
the knowledge of the defendant has never been the subject of any mortgage
by the co-owners in the past or at present;
7. Defendant denies the allegations in paragraph II.f, II.g & II.h of the
complaint for lack of knowledge or information sufficient to form a belief as
to the truth or correctness of the allegations made therein;
8. Defendant admits the allegations in paragraph II.i & II.j of the
complaint but only because she is bound to comply with the Law on
Barangay Conciliations;
9. Defendant denies the allegations in paragraph II.k of the complaint
for lack of knowledge or information sufficient to form a belief as to the truth
or correctness of the allegations made therein;
10. Defendant denies the allegations in paragraph II.l of the complaint
the truth being that defendant has all the right to remain in the said property
and to question the current ownership thereof;
11. Defendant admits the allegations in paragraph II.m of the
complaint with the qualification that she and her husband had been
occupying the said property since 1976 with their son _____________ and the
latter only left the place to work in Manila;

AFFIRMATIVE DEFENSES
12. That plaintiff has no right to eject the defendant since the latter as
a co-owner of the property has all the legal right to stay thereon;
13. That whatever ownership right or title the plaintiff has over the
property as a whole is a sham and not recognized by majority of the coowners

considering

that

plaintiff's

title

was

derived

by

employing

machinations to the prejudice of the co-owners;

COUNTERCLAIM
14. That by reason of the unwarranted filing of the present complaint,
defendant was constrained to hire the services of counsel and obliged to pay
attorney's fees in the amount of Php 20,000.00 which plaintiff should
reimburse.
15. That likewise the herein defendant was unnecessarily dragged into
litigation and obliged to meet expenses of litigation in the amount of not less
than Php 10,000.00 which plaintiff should reimburse;

PRAYER
WHEREFORE, it is most respectfully prayed that judgment be rendered
in favor of the defendant and against the plaintiff thereby dismissing the
complaint and granting the counterclaim thereby ordering plaintiff to pay
defendant the following:
a) Php 20,000.00 as attorneys fees; and
b) Php 10,000.00 as litigation expenses.
Defendant prays for such other relief and remedies as the Honorable
Court may deem just and equitable under the premises.
Iloilo City for Dumangas, Iloilo, Philippines, March 12, 2013.

NAME OF LW FIRM
Counsels for Respondent-Appellant
ADRESS
E-mail address: ipptlaw2002@hotmail.com
Tel. No. (033) 3371154 & (033) 3371146
By:
NAME OF LAWYER
IBP NO. ___________/ Jan. 2, 2014 / ILOILO CITY
PTR NO. ___________/Jan. 3, 2014/ ILOILO CITY
ATTORNEYS ROLL NO. _________
MCLE COMPLIANCE NO. IV-0005183/03/20/12

Copy furnished:
Atty. Douglas Edwin Del Rosario
Counsel for Plaintiffs
Del Rosario Law Office
Door 1, Del Rosario Building
16 Libertad St., Jaro, Iloilo City
__________________________

Registry Receipt No. ____________

Date:

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)
Personal service cannot be effected upon Atty. Douglas Edwin Del
Rosario at Del Rosario Law Office, Door 1, Del Rosario Building 16 Libertad
St., Jaro, Iloilo City due to the distance between the said address and the
office of the undersigned counsels hence copy of this Answer with
Counterclaim is being served upon him through registered mail with return
card.

COUNSEL