REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
SAN JUAN CITY, METRO-MANILA
BRANCH LVII (57)

AMELIA A. TOLENTINO,
Plaintiff,

- versus - SCC No. 0819

For : Sum of Money
(Small Claims)
MARISSA S. TOLENTINO,
Defendant.
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ANSWER
DEFENDANT, in her own behalf, and to this Honorable Court, most respectfully
states, THAT:

1. Defendant ADMITS the material averments in Paragraph 1 of the Statement of

Claim regarding her name and other personal circumstances;

2. Defendant SPECIFICALLY DENIES the material averments contained in

Paragraphs 2, 3, 4, and 5, the truth of which matters are hereinafter stated in
Defendant’s affirmative and special defenses;

3. Defendant ADMITS Plaintiff’s averment in Paragraph 6 of the Statement of

Claim that her claim was brought before the Barangay Lupon of Barangay Balong
Bato, but DENIES Plaintiff’s allegations in Sub-Paragraph 6-A thereof that this is the
first time she filed a small claim case, and in Paragraph 7 thereof that she (Plaintiff)
is waiving all amounts in excess of P200,000.00 in connection with this claim, for lack
of knowledge sufficient to form a belief as to the truth thereof;

4. Defendant incorporates, by way of reference, all of the foregoing averments

and, by way of affirmative and/or special defenses, Defendant further states, THAT:

5. Plaintiff acquired the real property in question as member and beneficiary of

the Zamora Compound Homeowners’ Association. Defendant, for her part, upon the
proddings of herein Plaintiff, agreed to purchase said property at an agreed price of
P200,000.00 and not P400,000.00. A copy of the “Katibayan ng Kasunduan sa Pagbili
ng Lupa” is hereto attached as Annex “1”;

6. Defendant’s monetary disbursements to Plaintiff reached the amount of

P254,000.00 – as Plaintiff herself ADMITTED - due to the monetary borrowings of
herein Plaintiff to Defendant, which Defendant afforded to Plaintiff out of respect for
their familial affinity. Plaintiff continued borrowing money from Defendant even
after the latter has already fully paid the price of the property;
7. Furthermore, in addition to the cash amounts paid to herein Plaintiff,
Defendant also paid off the mortgage obligation of Plaintiff with respect to the

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subject property in favor of the Social Housing Finance Corporation, a subsidiary
entity of the National Home Mortgage Finance Corporation, totaling P81,900.00. A
copy of the pertinent official receipt is hereto attached as Annex “2”;

6. As such, Plaintiff and her husband, Ricardo Tolentino, have already executed
an “Affidavit of Waiver of Rights” transferring and/or relinquishing their rights
and interests over the subject property in favor of Defendant’s son, Vincent
Tolentino. A copy of said “Affidavit of Waiver of Rights” is hereto attached as
Annex “3”;

7. Likewise, since Defendant acquired the subject property, she has been paying
for the real estate taxes on the subject property, which have been duly paid up to the
year 2019. A copy of the pertinent realty tax receipt is hereto attached as Annex “4”;

8. In the light of the foregoing exposition, the claim of Plaintiff for the amount of
P146,000.00 as the alleged unpaid balance on Defendant’s purchase of the subject
property lot is FALSE, BASELESS and NON-EXISTENT. Ostensibly, Plaintiff filed
the instant claim as an extortionist ploy to swipe more money from herein
Defendant;

10. Based on the above sale agreement, and by Plaintiff’s own admission, being
that she is only entitled to the cash amount of P200,000.00 – an amount which
Defendant has amply and completely paid, Plaintiff should be ordered to repay
and/or return the sum of P54,000.00 to herein Defendant which partake of an
overpayment, to which she (Plaintiff) is not entitled;

11. Likewise, due to the uncalled-for claim which Plaintiff mustered the temerity
to institute against herein Defendant, an act which smacks of abject bad faith, as well
as demonstrative of her mercenary disposition and wanton disregard for the rights
of herein Defendant, Plaintiff must be ordered to pay the amount of P50,000.00 for
and as exemplary damages

10. For having instituted the instant claim, and dragging herein Defendant before
this Honorable Court in order to litigate on a patently unjust and baseless cause,
while knowing fully well that her claim is without any legal basis or justification,
Plaintiff should reimburse herein Defendant in the amount of P50,000.00 for and as
litigation expenses;

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed of this

Honorable Court that judgment be rendered for the Defendant and against herein
Plaintiff:

1. Ordering the DISMISSAL of her claim;

2. Ordering herein Plaintiff to RETURN/REFUND to herein Defendant the total

sum of P54,000.00, which is the amount received by Plaintiff in excess of the already
paid-up proceeds of the sale price of P200,000.00;

3. Ordering herein Plaintiff to pay herein Defendant the total sum of P50,000.00,
for and as exemplary damages; and -

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 4. Ordering herein Plaintiff to pay herein Defendant the total sum of P50,000.00,
for and as litigation expenses; and -

5. Ordering herein Plaintiff to pay the costs of the instant suit;

Defendant likewise prays for such other and further relief as this Honorable
Court may deem just and equitable under the premises.

San Juan Metro-Manila, Philippines.

December 7, 2018.

MARISSA S. TOLENTINO
Defendant

VERIFICATION

That I, MARISSA S. TOLENTINO, after being duly sworn, hereby jointly depose
and state, that I am the Defendant in the above-entitled case, and I have caused the
preparation of the foregoing Answer; and I have read all the allegations therein and
found the same to be true and correct of my own personal knowledge, and/or based
upon authentic documents.

MARISSA S. TOLENTINO
Affiant

SUBSCRIBED AND SWORN TO before me this _______ day of _______________,

20_____ in ______________________, Philippines, affiant exhibiting to me her Senior
Citizen ID No. GGG021198/014009 issued at San Juan City, M.M. on January 2018,
as proof of her identity.

Doc. No._____ Page No._____

Book No._____ Series of 2018

Copy furnished by registered mail:

(Mrs.) Amelia Tolentino (Plaintiff) Per Registry Receipt No.__________

No. 31-C Leyva Street Date : __________________, 20____
Brgy. Balong Bato
San Juan City, Metro-Manila

CERTIFICATION

This is to certify that we have served a copy of the foregoing Answer to the
above-named addressee by means of registered mail, personal service thereof being
impracticable due to time constraint.

MARISSA S. TOLENTINO

AMELIA TOLENTINO
No. 31-C Leyva Street
Brgy. Balong Bato

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San Juan City, Metro-Manila 1500

MARISSA TOLENTINO
No. 354 F. Roman Street
Brgy. Balong Bato
San Juan City, Metro-Manila 1500

REGISTERED MAIL WITH RETURN CARD

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