Republic of the Philippines

REGIONAL TRIAL COURT

Branch __
Borongan City

SEBASTIAN DIAZ
Plaintiff,

Civil Case No. ______

-versus-
FOR: Collection of Sum of
Money with Prayer of
FEDERICO GOMEZ Writ for the issuance of Preliminary
Attachment
Defendant,
x--------------------------------------------------x

ANSWER WITH COUNTERCLAIM

Defendant, through counsel, answering plaintiff’s complaint, alleges:

1. That defendant ADMlTS the allegations in paragraphs 4 & 5 of the complaint;

2. That defendant is without knowledge or information to form a belief as to the truth of the

averments in paragraph 6 & 7 of complaint.

3. That defendant DENlES the allegations in paragraph 7 of complaint, to the effect that plaintiff

made demands to defendant to pay the alleged overdue obligations, no such notice of demand received by
defendant.

AFFlRMATlVE DEFENSE

1. That, the defendant borrowed from plaintiff a total amount of ONE MILLION FIVE-
HUNDRED THOUSAND PESOS (Php. 1,500,000.00) on different dates as stated in the complaint
in accordance with the promissory note executed by the defendant on the said date and secured by a
mortgage over a tract of farmland in Dolores, Eastern Samar and tract of land located in Oras,
Eastern Samar and it was the understanding between the parties that the deficiency or difference in the
assessed value over the loan amount will be covered by a collection of defendant’s paintings from Italy,
thus it was parted with as full and complete payment of defendant’s obligation alleged in the complaint.

1
 2. That, the mortgage sought to be foreclosed had already been released by plaintiff himself, after

defendant had transferred ownership over the set of painting collections and said release is evidenced by a
document duly signed by plaintiff, copy of which is attached hereto as Annex “1”, but which has not, as
yet, been ratified and registered due to the failure of plaintiff to produce his residence tax certificate.

COUNTERCLAlM
1. That, in accordance with the contract between the parties, and upon effecting full payment of the
obligation under the contract of loan by virtue of former recovery, plaintiff was to release defendant’s
tract of lands from the Real Estate Mortgage executed thereon, and to release the defendant from all
claims arising from the said contract of loan.

2. That, in accordance with a subsequent contract between the parties, it is the plaintiff who is

indebted to the defendant to the amount of TWENTY THOUSAND PESOS (P20,000.00), by

virtue of a promissory note attached hereto as Annex “2”;

3. That plaintiff had refused, and still refuses, to pay the said amount of P20,000.00.

PRAYER
WHEREFORE, defendant prays for judgment:

1. Dismissing the complaint with costs against plaintiff; and

2. On the COMPULSORY COUNTERCLAIM, ordering plaintiff to pay and release defendant’s tract of

lands from the Real Estate Mortgage.

3. On the PERMISSIVE COUNTERCLAIM, ordering plaintiff to pay the defendant the sum of

TWENTY- THOUSAND PESOS (P20,000), with interest thereon at the legal rate, from 9 th of
December, 2021 until the amount is fully paid.

Borongan City, Philippines, April 15, 2022.

MARA MARI CLARA

Counsel for Defendant Unit 69,
XXX Building,
Borongan City E. Samar
lBP No. 98765
PTR No. 987654
Roll No. 98765
MCLE No. l-009876; 11/08/14
MCLE No. ll-005432; 11/08/14

Copy Furnished:

2
Notice and copy were provided for to the prosecution.

3
4