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

of

the

2.

She
admits
complaint.

paragraph

of

the

3.

She
admits
complaint.

paragraph

of

the

4.

She
admits
complaint.

paragraph

of

the

5.

She
admits
complaint.

paragraph

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

of

the

8.

She
admits
complaint.

paragraph

of

the

9.

She
admits
complaint.

paragraph

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 attorneys 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
defendants
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 attorneys 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