REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Laoag City, Ilocos Norte
Branch 13

REPUBLIC OF THE PHILIPPINES,

represented by the Department of
Public Works and Highways (DPWH)
Region I,
Plaintiff,

- versus - Sp. Civil Action

No. 112345
For Expropriation

MUNICIPAL ASSESSOR OF SAN

NICOLAS, ILOCOS NORTE,
Defendants.
x-------------------------------------------------------------x

ANSWER WITH COUNTERCLAIM

COME NOW THE PRIVATE DEFENDANTS, unto this Most

Honorable Court, most respectfully avers that:

PARTIES

1. Paragraph 1 is denied for lack of personal knowledge;

2. Paragraph 2 is admitted;

3. Paragraphs 3 and 4 are denied for lack of personal knowledge;

CAUSES OF ACTION

4. Paragraphs 5 and 6 are admitted;

5. Paragraphs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 are denied for lack of
personal knowledge;

6. Paragraph 18 is admitted only insofar as “[a] letter notice of DPWH

project was served by the plaintiff indicating the affected area of the
subject lot.”

7. Paragraph 19, 20, 21, 22, 23, 24, 25, 26 and 27 are denied due to lack of
personal knowledge;
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COUNTERCLAIM

8. Prior to the issuance of the ECC, the receipt of the Letter Notice of
DPWH project by the private defendants and despite the opposition of
the defendants to the contractor of the project, plaintiff fully
implemented the project by filling the property with gravel and sand
and constructing a part of the San Nicolas-Laoag City Bypass Road
(Project) on the property of the defendant. This is contrary to
Environmental Compliance Certificate (Exhibit “F”) of the plaintiff
which directs the plaintiff to “proceed with the implementation only
after securing all necessary permits and/or clearances required by
other pertinent Government Agencies/Offices that have administrative
jurisdiction over such projects/operations (i.e. DENR, EMB, LGU,
MGB, DAR, etc.);

9. Private defendants were deprived to utilize the property for five

cropping seasons which yields P5,000 income per cropping season. In
this regard, the Plaintiff should be held liable to pay the actual
damages amounting to P25,000;

10. Private defendants have experienced harassment because of the

implementation of the project and filing of this suit causing them
sleepless nights, undue stress, anxiety, embarrassment and
unnecessary inconvenience. In this regard, the Plaintiff should be held
liable to pay moral damages amounting to P100,000.00;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that after

due notice and hearing, judgment be rendered:

1. Ordering the dismissal of the Complaint;

2. Ordering the Plaintiffs to pay herein Defendants the sum of P25,000

as actual damages and P100,000 as moral damages;

3. Ordering the plaintiffs to pay the cost of this suit.

Other forms of relief are likewise prayed for.

November 15, 2022, Laoag City.

Private Defendants

REPUBLIC OF THE PHILIPPINES)

CITY OF LAOAG ) s.s.

VERIFICATION
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We, both of legal age, Filipino citizens and residents of Brgy. 20, San
Nicolas, Ilocos Norte, after having been duly sworn to in accordance with
law, hereby depose and state:

1. That we are the private defendants in the above-captioned case;

2. That we have caused the preparation and filing of the Answer with
Counterclaim and have read and understood the allegations in the
foregoing pleading;

3. That the allegations in this Answer with Counterclaim are true and
correct based on our personal knowledge and on authentic
documents;

4. That this pleading is not filed to harass, cause unnecessary delay,

or needlessly increase the cost of litigation;

5. That the factual allegations in this pleading have evidentiary

support or, if so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery;

6. That we hereby certify to the truthfulness of the allegations in this

pleading.

IN WITNESS WHEREOF, we have affixed our signatures below on

this November 15, 2022 at Laoag City, Ilocos Norte, Philippines.

SUBSCRIBED AND SWORN to before me this November 15, 2022 at

Laoag City, Ilocos Norte, Philippines.

ATTY. FRANCIS RAUL L. DAYO

Notary Public for Ilocos Norte and Laoag City
Until December 31, 2022 / Notarial Com. No. 2018-35
Roll No. 67463 / MCLE Compliance No. VII-0001271
PTR No. 2197051 - L.C.1/06/2021 / IBP LIFETIME NO. 0990899
677-2283 / 0918-490-2274 / TIN 925-051-505-000

Doc. No. 149;

Page No. 31;
Book No. XIV;
Series of 2022.

NOTICE AND COPY FURNISHED

THE HON. CLERK OF COURT

RTC 13, Laoag City
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Sir/Madam:

Greetings! Kindly submit the foregoing ANSWER WITH

COUNTERCLAIM to the attention of the Honorable Court immediately
upon receipt.