REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SEVENTH JUDICIAL REGION
BRANCH 24, Cebu City

NESSAN FLORES, CIVIL CASE No. R-CEB-20-007880-CV

Plaintiff,
-versus-

MARU REAL ESTATE CORPORATION,

Defendant
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ANSWER WITH COUNTERCLAIM

COME NOW defendant, through counsel, unto this Honorable Court, most
respectfully state and aver, to wit:

ADMISSIONS

1. Defendant admits paragraph 1, 2, 3 of the complaint;

DENIALS

2. Paragraphs 4, 5 6, 7, and 8 are specifically denied for lack of

knowledge sufficient to form a belief as to the truth or falsity thereof and subject
to defendant’s special and affirmative defences;

SPECIAL & AFFIRMATIVE DEFENSES

3. Sometime on November 3, 2019, parties plaintiff Nessan Flores and

defendant Maru Real Estate Corporation, represented by its President Mr.
Devonn Maru, executed a new contract to sell regarding the same piece of
property consisting an area five hundred square meters (500 sq. m) covered by
Transfer Certificate Title No. 143 located at Lot 132 Barangay Climpon Cebu City
valued at 4,000,000.00 in Philippine Currency, which has been agreed by both
parties, copies of contract to sell and title are attached (see Annex A and B of the
complaint);

4. The defendant Maru Real Estate Corporation admits and acknowledges

the receipt of the earnest money in the amount P700,000.00 upon the execution
of the contract, as shown in the attached provisional receipt (see Annex B of
complaint);

5. On December 5, 2019, Plaintiff Nessan Flores paid the amount of

P1,800,000.00 as partial payment, acknowledged by the defendant and
supported by the latter’s issuance of the second provisional receipt (see Annex C
of complaint);

6. The defendant corporation disputes the claim of plaintiff Flores on the

alleged fact of full payment for the subject property, and that the latter still has to
pay the remaining balance of P1,500,000.00, in consideration of the agreed-upon
value of the land as stated in the contract to sell dated November 3, 2019;

7. The defendant corporation refuses to execute the Deed of Absolute of

Sale, despite repeated demands by the plaintiff, over the property covered by
TCT No. 143 pending the full payment of the remaining balance of
P1,500,000.00 by the latter.
 RELIEF

WHEREFORE, it is most respectfully asked of this Honorable Court that

judgment be rendered against the plaintiff ordering the latter to strictly observe
and comply with the stipulations of the contract to sell entered into and executed
between the plaintiff and the defendant corporation on November 3, 2019 by the
payment of the remaining balance of 1,500,000.00 in Philippine Currency in
favour of the defendant as full settlement for the purchase of the real property
covered by TCT No. 143.

Defendant further pray for such other reliefs and remedies.

February 3, 2020, Cebu City, Philippines.

DANIEL JOHN E. PADILLA

Counsel for the defendant
Roll No. 88796
IBP No. 7096723, Cebu City
PTR No. 673422, Cebu
MCLE Compliance No III – 0006010

Copy furnished:
Atty. James T. Reid
Counsel for the Plaintiff
330-E Sikatuna St., Cebu City