REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Sixth Judicial Region
Branch 50 – Bacolod City
-oOo-

A.L. ANG NETWORK, INC.,

Plaintiff,

- versus - Civil Case No. 11-13872

FE LEIJAH L. TY, ALAN L. ANG

ANG and/or REGENT PEARL
DEVELOPMENT CORPORATION,
Defendants.
x-----------------------------------------------x

ANSWER WITH COMPULSORY COUNTERCLAIM

COMES NOW the Defendant Fe Leijah Ty, by the undersigned counsel and

unto this Honorable Court, by way of answer to the complaint, most respectfully avers

that:

1. Paragraphs 1 to 3 of the complaint are admitted.

2. Paragraphs 4 to 23 of the complaint are all specifically denied for lack of

sufficient knowledge to form a belief as to its truth or falsity thereof as said

defendant Ty is not privy to the day to day operations of the plaintiff

corporation and is not a even a stockholder of the same.

3. Paragraph 24 of the complaint is vehemently denied considering that the

subject property is involved in this case was legally mortgaged to secure a

valid and subsisting obligation of Defendant Regent Pearl Development

Corporation the herein defendant.

4. Paragraphs 25 to 27 of the complaint is vehemently denied and is outright

libelous and a clear insult on the person of the herein defendant who is not a

pauper or a beggar without any means to support herself. Said defendant

has religiously put aside her own savings, jewelries and other assets

acquired through the years and has in fact several children living abroad

who also send her money contrary to what the plaintiff wrongfully claims that

she has no visible means of income or capacity to grant a loan to co-

defendant Regent Pearl Development Corporation.

5. Paragraph 28 of the complaint is admitted with the qualification that the filing

of the extra-judicial foreclosure proceedings over the subject properties in

this case was by reason of the non-payment of the subsisting loan by

defendant Regent Pearl Development Corporation to herein defendant.

6. Paragraphs 29 to 31 of the complaint are specifically denied as the

mortgage of the subject properties in this case were done regularly based

on a valid subsisting loan and that no fraud took place in the process nor

has the plaintiff other than its bare allegations, has shown any reliable or

competent proof that such fraud took place or has existed at the time of the

mortgage.

7. Paragraphs 32 to 35 of the complaint are specifically denied as plaintiff has

no solid proof nor any valid ground whatsoever to prove that the mortgage of

the subject properties was done fraudulently and thus, no legal right to

claims for damages can be afforded in favor of said plaintiff.

8. Paragraphs 36 and 37 of the complaint are specifically denied as litigation is

unnecessary as far as herein defendant is concerned for the mortgage and

 eventual foreclosure of the subject properties based on a valid and

subsisting loan which was not paid is perfectly legal and in order.

9. Paragraphs 38 to 45 of the complaint are specifically denied as the auction

sale foreclosure of the subject properties have already conducted and thus,

the provisional remedy of preliminary injunction and/or TRO being prayed for

has already become moot and academic.

COUNTERCLAIM

The defendant hereby incorporates and adopts all the foregoing allegations

hereinbefore made and further state that:

1. By its unjustifiable act of filing the instant complaint against defendant Ty and

accusing her of being financially incapable is an outright insult on the person

and standing of said defendant and in the process, the said plaintiff has

besmirched the reputation and goodwill of the defendant Ty and as a

consequence thereof, said defendant is lawfully entitled to claim moral and

compensatory damages from the plaintiff in the amount of not less than

P200,000.00.

2. To serve as an example and as a warning to others, the plaintiff’s unjust act of

filing an unnecessary suit against the defendant, the plaintiff deserves to be

penalized and corrected by requiring said plaintiff to pay the defendant

exemplary damages in the amount of not less than P100,000.00.

3. In order to protect her rights against the present unnecessary complaint, the

defendant was constrained to engage the services of counsel at an agreed fee

of P50,000.00 plus P2,000.00 appearance fee per scheduled hearing to which

plaintiff must also be made to pay to said defendant.

 PRAYER

WHEREFORE, premises considered, the herein defendant respectfully prays

for judgment to be rendered as follows:

1. Dismissing the complaint for lack of merit and legal basis.

2. On the Counterclaim, requiring the plaintiff to pay the following:

a. P200,000.00 to defendant by way of moral and compensatory damages;

b. P100,000.00 to defendant by way of exemplary damages;

c. P50,000.00 to defendant by way of attorney’s fees plus P2,000.00

appearance fees of counsel for every scheduled hearing of this case.

The herein Defendant further prays for such other reliefs and remedies as may

be deemed just and proper under the premises.

Respectfully Submitted.

Bacolod City, Philippines. January 24, 2012.

PACIFICO M. MAGHARI, III

Counsel for Defendant Ty
590 Ylac St., Villamonte, Bacolod City
PTR No. 4631737 B. C. Jan. 2, 2012
IBP No. 848630 B. C. Dec. 22, 2011
MCLE COMPLIANCE III – 0000762 1/14/09
ROLL OF ATTORNEYS NO. 44869

COPY FURNISHED:

ATTY. LYNDON P. CANA

Counsel for the Plaintiff
2nd Gate Annex, Acacia Cor-Birch Roads
Villa Angela Subd., Bacolod City

ATTY. ALFONSO B. MANAYON

Counsel for the Defendants Alan Ang
and Regent Pearl Development Corp.
Rm 104-B, Lizlop Building,
Rizal Street, Bacolod City
 VERIFICATION AND CERTIFICATION

I, FE LEIJAH TY, of legal age, Filipino and a resident of Bacolod City, Philippines after

being duly sworn to in accordance with law, hereby depose and say that:

1. I am one of the defendants in the above-entitled case;

2. I have caused the preparation of the foregoing Answer with Counterclaim;

3. I have read all the allegations thereof and that the same are true and correct of my

own personal knowledge and belief and based on authentic records,

That Pursuant to the Supreme Court Administrative Circular No. 04-94, I hereby further

certify that:

1. I have not therefore commenced any other action or proceeding involving the same

issues in the Supreme Court, the Court of Appeals, or any Tribunal or Agency;

2. To the best of my knowledge, no such action is pending before the Supreme Court, the

Court of Appeals, or any other Tribunal or Agency;

3. If I should hereafter learn that a similar action or proceeding has been filed or is

pending before the Supreme Court, the Court of Appeals, or any other Tribunal or

Agency, I undertake to report that fact within five (5) days therefrom to this Honorable

Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of

January, 2012 in the City of Bacolod, Philippines.

FE LEIJAH TY
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of January, 2012, at the City
of Bacolod, Philippines, the affiant exhibiting to me her Government Issued ID
_________________ as competent and reliable proof of her identification issued at Bacolod
City on ________________.

Doc. No. _____;

Page No. ____;
Book No. ____;
Series of 2012.