Republic of the Philippines

MUNICIPAL TRIAL COURT OF SIBULAN

Seventh Judicial Region
Province of Negros Oriental


CHOCO MARTIN
Plaintiff,
CIVIL CASE NO. 12368
-versus- For: EJECTMENT

VELVET BELLZ
Defendant,
x------------------------------------------x

ANSWER WITH COUNTERCLAIM

NOW COMES the defendant in the above entitled case, and to this Honorable Court most
respectfully alleges:

1.) Defendants deny the allegations stated in paragraph 5 of the complaint. The truth of
the matter being that no written nor oral demand was ever reached by the plaintiff to the
defendants;

2.) Defendants resolutely maintain that no earnest efforts towards an amicable
settlement were conducted between the parties. She was surprised to find out that the
instant case was filed by the plaintiff and that inappropriate and dishonest measures
were undertaken which evidently showed plaintiff's ungratefulness and greediness
towards defendant, who is the former's sister;

3.) Furthermore, the complaint merely alleges that defendant is liable to pay plaintiff for
rentals and attorney's fees. No damages were prayed for, more so, the operative or
constructive facts making up the pleaded cause of action for damages were not stated in
the complaint for which no credit should likewise be given thereto;

By way of COUNTERCLAIM, the foregoing paragraphs are herein repleaded and reproduced
insofar as they are herein relevant, material and significant;

4.) As a result of this present controversy, defendant was compelled to stay at the
Philippines for a period of time and as a result lost her employment in Japan. Defendant
receives a monthly equivalent of Forty Thousand Pesos (P40,000.00) a month as salary
from her employment for which the plaintiff must be required to pay by way of actual
damages. A copy of the Certificate of Possible Salary Payment, the Withholding
Exemption Certificate of Earned Income, and the Incumbency Certificate of the
defendant are herein attached and made an integral part of this Answer with
Counterclaim;

5.) By reason of this baseless complaint, defendant suffered and continuously suffers
sleepless nights, serious anxiety and other similar sufferings from which entitles her to
the recovery of damages in such amount as this Honorable Court, in its wise and sound
discretion, may determine;

6.) Also, by way of example or correction for the public good, in addition to the moral
damages, defendants herein are duly entitled for the payment of exemplary damages in
such amount, as this Honorable Court, in its wise discretion, may determine;

7.) Lastly and by reason of the baseless and unfounded complaint, defendant was
constrained to litigate this case and in order to protect their rights and interests was
constrained to engage the services of counsel whom she was obligated to pay the
amount of Fifty Thousand Pesos (P50,000.00).




PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable
Court to dismiss the instant complaint, as to the counterclaim, after due hearing be ordered to pay the
defendant, VELVET BELLZ, the following amounts:

a.) Forty Thousand Pesos (Php 40,000.00) respecting the monthly income lost by the
defendant from her employment in Japan;

b.) Moral and Exemplary damages in such amount as determined by this Honorable
Court;

c.) Attorneys fees in the amount of Fifty Thousand Pesos (P50,000.00).

Other reliefs just and equitable are likewise prayed for.

Sibulan, Negros Oriental, Philippines, July 22, 2014.


PRECIOUS EDLYN L. BENIGAY
Attorney for the Defendant
Benigay and Benigay Law Offices, 4th Floor - Portal West
Hibbard Ave., Dumaguete City, Negros Or., Philippines
IBP No. 747383; 09/03/2012; Quezon City
PTR No. 747848; 09/07/2012; Quezon City
Roll of Attorneys No. 3434543
Doc. No. ____
Page No. ____
Book No. ____
Series of 20___



Copy Furnished:
1. Atty. Gracelyn Bellingan
#98 Agan-an, Sibulan
Negros Oriental
REPUBLIC OF THE PHILIPPINES )
Province of Negros Oriental ) S.S.
Municipality of Sibulan )
x------------------------------------------x


VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, VELVET BELLZ, of legal age, Filipino, single, and a resident of #178 Cangmating,
Sibulan, Negros Oriental, Philippines, after being sworn to in accordance with law, hereby deposes and
certifies that:

(a) I am the Defendant in the above-entitled case;
(b) the facts stated in the above petition are true and correct to the best of my knowledge and
authentic records;
(c) I have not theretofore commenced any other action or proceeding or filed any claim involving
the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; and
(d) if I should thereafter learn that the same or similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial
agency, I undertake to report such fact within five (5) days therefrom to the court or agency
wherein the original pleading and sworn certification contemplated herein have been filed.



IN WITNESS WHEREOF, I have hereunto set my hand this January 10, 2014 at Dumaguete
City, Philippines.


VELVET BELLZ
Affiant


SUBSCRIBED AND SWORN to before me, this 22nd day of July, in the Municipality of
Sibulan, Province of Negros Oriental, Philippines, with affiant exhibiting to me as a competent proof of
identity her Philippine Passport with Passport No. EBWH9876, issued on January 1, 2010 at Cebu
City, Philippines.


ANGELITA MAJUMPANDAN
Notary Public
Commission Serial No. 4374834
Until November 31, 2018
Roll of Attorneys No. 2345734
IBP No. 98765; February 2, 1999; Quezon City
PTR No. 87654; February 8, 1999; Quezon City
Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.