Republic of the Philippines

6th Judicial Region

Branch 13
Ipo-Ipo City, Aklan

IVY C. AGUAS, CIVIL CASE NO.9876

Plaintiff
FOR: Specific Performance and
Damages

EMILIA A. TURILLO,
Defendant

ANSWER WITH COMPULSORY COUNTERCLAIM

NOW COMES the defendant in the above-entitled case, and to this

Honorable Court most respectfully alleges:

1. Defendant admits the averments in paragraphs 3 and 4 of the

complaint.
2. Defendant specifically denies the allegation in paragraph 5 of the
complaint, the truth being that plaintiff has not duly proved her
ownership as she failed to deliver the Original Certificate of Title of
the subject property together with other pertinent documents and
the Tax Declaration.
3. Defendant admits the averments in paragraph 6 and 7 of the
complaint.
4. Defendant strongly denies the allegation in paragraph 8 but only in
so far as to the lack of notice regarding the cancellation of the two
(2) checks both amounting to ONE MILLION FIVE HUNDRED
THOUSAND (1,500,000) PESOS in favor of the plaintiff.
5. Defendant denies the allegation in paragraph 10 as being false for
the reason that there was no demand done by the plaintiff or any
of her duly authorized representatives to recover the balance of
the contract price as she rightfully knows that she failed to deliver
one of the pertinent documents agreed upon to prove the
ownership.
 COMPULSORY COUNTERCLAIM

6. By reason of the abuse of right committed by the plaintiff and by

reason of the instant precipitate and unfounded suit, the defendant
was constrained to hire the services of a lawyer to defend his
rights and interests for a professional fee of TWENTY THOUSAND
(20,000) PESOS plus ONE THOUSAND FIVE HUNDRED (1,500)
PESOS per court appearance.
7. Similarly, the plaintiff’s unfounded suit has caused the defendant
suffering and humiliation for which the defendant claims moral
damages in the amount of THIRTY THOUSAND (30,000) PESOS.

PRAYER

WHEREFORE, Defendant respectfully prays that judgment be

rendered in his favour by dismissing the complaint and granting

defendant’s counterclaim by awarding defendant: (a) THIRTY THOUSAND

(30,000) PESOS as moral damages, and (b) TWENTY THOUSAND

(20,000) PESOS as attorney’s fees.

Other just and equitable reliefs are prayed for.

Ipo-Ipo City, October 3, 2015.

ATTY. LEE JONG SUK

Counsel for the Defendant
Kimchi Street, Zone 99
Bibimbap City
IBP NO. 98123512
Attorney’s Roll No. 026716
Copy furnished:

ATTY. LOUISE NICOLE Z. ANDRADE

Counsel for the Plaintiff
4th Floor Sushi Building
Maginhawa Street
Ipo-Ipo City
IBP NO. 99887766
Attorney’s Roll No. 112233
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF AKLAN ) S.S
IPO-IPO CITY )

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, SAHARA H. DUTERTS, of legal age, single, Filipino citizen and the

authorized representative of the defendant in the above entitled case, after
being duly sworn to in accordance with law do hereby depose and say;

1. That I am the authorized representative of the defendant in

the above-entitled case;
2. That the defendant caused the preparation of the complaint
and read the allegations contained therein and understood
each of them to be true and correct of her own personal
knowledge and beliefs and based on authentic documents.
3. That I further certify that defendant has not commenced any
action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals or different divisions thereof, or any
court, tribunal or agency.
4. That should the undersigned learned hereafter of the filing or
pendency of such action/s, I undertake to inform this
HONORABLE COURT of said fact within five (5) days from
knowledge therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 3

of October, 2015 at Ipo-Ipo City, Aklan.

SAHARA H. DUTERTS

SUBSCRIBED AND SWORN TO BEFORE ME, this 3 October,

2015, at Ipo-Ipo City, Aklan, Philippines.

ATTY. KITTY V. POSA

Notary Public
Roll No. 334455/5-2-2000
IBP No. 980076/1-5-2013
MCLE Compliance No. IV-000159761-3/19/2011