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Republic of the Philippines

Province of Iloilo
MUNICIPAL TRIAL COURT OF DUMANGAS
Dumangas, Iloilo
___________________

CIVIL CASE NO.
For: _____________________

Plaintif,
-versus__________________
Defendant.
x------------------------------------------x

ANSWER WITH COUNTERCLAIM
COMES NOW defendant ________________, through the undersigned
counsel and to this Honorable Court, most respectfully alleges:
1. Defendant admits the allegations in paragraphs I.a, I.b & I.c of the
complaint;
2. Defendant denies the allegations in paragraph II.a of the complaint
for lack of knowledge or information sufficient to form a belief as to the truth
or correctness of the allegations made therein;
3. Defendant denies the allegations contained in paragraph II.b of the
complaint, the truth being that defendant is of the belief that she is still a coowner of the subject property being the heir of _____________ who is one of
the children of _____________, one of the registered owners in Transfer
Certificate of Title No. ____________ which covers the herein subject lot;
4. Defendant denies the allegations contained in paragraph II.C of the
complaint, the truth being that the Transfer Certificate of Title No. __________
does not only indicate the names of ______________ and _______________ as the
registered owners but also that of __________ and ______________;
5. Defendant denies the allegations contained in paragraph II.d of the
complaint, the truth being that one of the owners ______________ could not

___________ as and is made an integral part of this Answer with Counterclaim. Defendant admits the allegations in paragraph II. 10. Defendant denies the allegations in paragraph II. Defendant denies the allegations in paragraph II. 7. 6.f. ______________.g & II. As shown by the annotations in the same Transfer Certificate of Title.j of the complaint but only because she is bound to comply with the Law on Barangay Conciliations.m of the complaint with the qualification that she and her husband had been occupying the said property since 1976 with their son _____________ and the latter only left the place to work in Manila.have mortgaged it in 1984 as indicated by the annotations in TCT No. Further.i & II. the latter being one of the descendants of the registered owner ______________ under TCT No. defendant and her family were not just permitted to occupy the said property as the same was the share of defendant’s late husband. Attached hereto is the machine copy of TCT No.e of the complaint the truth being that plaintiff is bound to respect the possession of the defendant as a co-owner of the property in question and such property to the knowledge of the defendant has never been the subject of any mortgage by the co-owners in the past or at present.h of the complaint for lack of knowledge or information sufficient to form a belief as to the truth or correctness of the allegations made therein. Defendant admits the allegations in paragraph II. the said mortgage obtained by plaintiff in 1984 was through a Special Power of Attorney executed by ________________ on October 20. Defendant denies the allegations contained in paragraph II.k of the complaint for lack of knowledge or information sufficient to form a belief as to the truth or correctness of the allegations made therein. . 1981 in favor of the plaintiff.l of the complaint the truth being that defendant has all the right to remain in the said property and to question the current ownership thereof. Defendant denies the allegations in paragraph II._________ considering that he passed away already sometime in 1982. 8. II. 11. 9.

2013.000. COUNTERCLAIM 14.00 as litigation expenses. That whatever ownership right or title the plaintiff has over the property as a whole is a sham and not recognized by majority of the coowners considering that plaintiff's title was derived by employing machinations to the prejudice of the co-owners.00 which plaintiff should reimburse. Philippines. 13. and b) Php 10.000. Iloilo. defendant was constrained to hire the services of counsel and obliged to pay attorney's fees in the amount of Php 20.00 as attorney’s fees. it is most respectfully prayed that judgment be rendered in favor of the defendant and against the plaintiff thereby dismissing the complaint and granting the counterclaim thereby ordering plaintiff to pay defendant the following: a) Php 20. PRAYER WHEREFORE.AFFIRMATIVE DEFENSES 12. That plaintiff has no right to eject the defendant since the latter as a co-owner of the property has all the legal right to stay thereon. Iloilo City for Dumangas.000. . Defendant prays for such other relief and remedies as the Honorable Court may deem just and equitable under the premises. March 12.00 which plaintiff should reimburse. That by reason of the unwarranted filing of the present complaint. 15.000. That likewise the herein defendant was unnecessarily dragged into litigation and obliged to meet expenses of litigation in the amount of not less than Php 10.

___________/Jan. Jaro.. Rule 13 of the 1997 Rules of Civil Procedure) Personal service cannot be effected upon Atty. Del Rosario Building 16 Libertad St. Del Rosario Building 16 Libertad St. 2. IV-0005183/03/20/12 Copy furnished: Atty. Douglas Edwin Del Rosario Counsel for Plaintiffs Del Rosario Law Office Door 1. Douglas Edwin Del Rosario at Del Rosario Law Office. ____________ Date: EXPLANATION (Pursuant to Section 11. Jaro. 3.NAME OF LW FIRM Counsels for Respondent-Appellant ADRESS E-mail address: ipptlaw2002@hotmail. No. Door 1. Iloilo City __________________________ Registry Receipt No. Iloilo City due to the distance between the said address and the office of the undersigned counsels hence copy of this Answer with Counterclaim is being served upon him through registered mail with return card. 2014/ ILOILO CITY ATTORNEY’S ROLL NO.com Tel. (033) 3371154 & (033) 3371146 By: NAME OF LAWYER IBP NO.. COUNSEL . _________ MCLE COMPLIANCE NO. 2014 / ILOILO CITY PTR NO. ___________/ Jan.