REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

CITY OF NAGA, CAMARINES SUR
WINNIE D. POON
Plaintiff,
-versus-

CIVIL CASE NO. 123456

JASON S. DELA DRUZ

Defendant.
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ANSWER
NOW COMES the defendant in the above entitled case, through the
undersigned counsel and to this Honorable Court most respectfully avers
that:
1. He ADMITS the averments in paragraph 1;
2. He also ADMITS the averments in paragraph 1, but DENIES that
the payment of the first installment in the amount of FIVE
HUNDRED THOUSAND PESOS (Php500,000.00) was not an
earnest money but only an option money;
3. He ADMITS that the agreement they executed is a CONTRACT
TO SELL as stated in paragraphs 2 and 3; but DENIES that
although there was a promise to transfer the lots title in the name
of herein Plaintiff, it must be noted that the Defendant, who is still
the naked owner of the said property, has no compelling obligation
to transfer said ownership to the Plaintiffs name since this was not
in the case of a CONTRACT OF SALE, where non-payment of the
price or the refusal to accept the same is a negative resolutory
condition;
4. He avers that as the naked owner of the subject property, he still
has the option to push through with the agreement or not.
WHEREFORE, the Defendant respectfully prays that the complaint
be dismissed.

Other relief and remedies as may be deemed just and equitable under
the premises are likewise prayed for.
City of Naga, January 30, 2017.
ATTY. KATRINA A. BONAFE
Counsel for the Defendant
Roll No. 123456
IBP. No. 23456/1-18-2012
PTR No. 34567/1-18-2012
Copy furnished:
ATTY. BERNICE PAZ A. PAITA
Counsel for the Plaintiff

EXPLANATION
Copy of this pleading was sent to the opposing counsel through
registered mail as personal service due to time constraints and for the lack of
the undersigneds staff who can serve the same in person.
ATTY. KATRINA BONAFE