Republic of the Philippines REGIONAL TRIAL COURT 7th Judicial Region Branch 1 Mandaue City
JOY ABBA, Petitioner, CIVIL CASE NO. 123 For: Judicial Partition
-versus-
FAITH ABBA, Respondent x-----------------------------------x
ANSWER
Defendant
through
counsel
respectfully
states
that:
1.
She admits complaint.
paragraph
1
of
the
2.
She admits complaint.
paragraph
2
of
the
3.
She admits complaint.
paragraph
3
of
the
4.
She admits complaint.
paragraph
4
of
the
5.
She admits complaint.
paragraph
5
of
the
6.
She admits paragraph 6 of the complaint only in so far as the persistent demand of the plaintiff to partition said
property but denies the averment that plaintiff is proposing to divide the lot into two equal parts, the plaintiff never took into consideration the quality and situation of the lot which plaintiff intends to give to the respondent. The said lot is at the edge of a cliff which is more prone to landslides thus of lesser value.
7.
She admits complaint.
paragraph
7
of
the
8.
She admits complaint.
paragraph
8
of
the
9.
She admits complaint.
paragraph
9
of
the
10.
She denies paragraph 10 of the complaint for lack of knowledge or information sufficient to form a belief as to the veracity thereof.
11.
She denies paragraph 11 of the complaint for lack of knowledge or information sufficient to form a belief as to the veracity thereof.
AFFIRMATIVE DEFENSES
12.
Since the portion to be given by plaintiff to respondent is unusable and would prejudice the interest of the latter if such partition is granted, she may justly refuse such oral partition proposed by plaintiff. Consequently, this case should be dismissed for failure of petitioner to state a cause of action.
COMPULSORY COUNTERCLAIM
The defendant hereby reproduces the averments in the preceding paragraphs hereof for the purpose of this compulsory counterclaim:
13.
By virtue of this baseless and malicious suit initiated by the plaintiff, defendant was forced to hire the services of engage counsel in the sum of Php10,000.00. For all her financial and emotional sufferings, the defendant seeks the court to declare favorable reliefs against the plaintiff: including (i) Php10,000.00 for exemplary damages; (ii) Php 10,000.00 for moral damages; Php 10,000.00 for attorney’s fees; (iv) Php25,000.00 for litigation expenses; and (v) cost of suit.
PRAYER
In light of the foregoing facts, it is respectfully prayed of the Honorable Court to dismiss complaint, and grant defendant’s counterclaim by ordering the plaintiff to pay the following:
1. Php 10,000.00 for exemplary damages; 2. Php 10,000.00 for moral damages; 3. Php 10,000.00 for attorney’s fees; 4. Php 25,000.00 for litigation expenses; 5. Cost of Suit. Other equitable forms of relief circumstances are also prayed for.
under
the
Done on September 8 20, 2013, in Mandaue City, Cebu Philippines.
Atty. Catherine S. Rubi Counsel for Plaintiff Mango Avenue, Cebu City, Philippines 6000 ROLL NO. 12345 PTR No. 123456 (01-01-02) IBP No. 123456 (01-01-02) MCLE Compliance No. 123456
