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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


11th Judicial Region
Branch ______
City of Tacloban

CHLOE MARIELLE DE LA CRUZ,


Plaintiffs,

-versus- CIVIL CASE No. _______


FOR: Quieting of Title with
Temporary Restraining Order
and Preliminary Injunction

ASHTON PAMINTUAN,
Defendant.

x-----------------------------------x

ANSWER with COUNTERCLAIM

COMES NOW, the defendant, through the undersigned counsels and


unto this Honorable Court, most respectfully avers that:

1. Defendant received a copy of the summons and the attached


complaint on January 21, 2016, from when he was given fifteen (15)
calendar days to file his answer;

2. Defendant admits the averments contained in paragraphs 1, 2, 3, 4, 5,


6, 7, 8, 9, 14, 16 and 17 of the complaint;

3. Defendant denies paragraph 10 and asserts that he sent a Letter1 by


Registered Mail on August 7, 2010, evidenced by the Registry Receipt2
addressed to Julia de la Cruz signifying that the Transfer Certificate of
Title (TCT) No. 10070 was not sent but instead kept still within the
possession of the defendant to personally hand it over to the former
and avert any undue risk for loss or destruction;

1
A copy of Letter sent by defendant is hereby attached and marked as Exhibit 1.
2
A copy of Registry Receipt is hereby attached and marked as Exhibit 2.
4. Julia de la Cruz, upon returning home from the United States, came
up with an oral agreement with the defendant dated April 6, 2011,
subjecting the Transfer Certificate of Title (TCT) No. 10070, which was
then still within the possession of the defendant, to a conditional sale,
hence the execution of the deed of sale;

5. Defendant asserts lack of knowledge or information sufficient to form


a belief as to the truth of the averment contained in paragraph 11, 12
and 13 of the complaint;

6. Defendant denies paragraph 15 and 18, and asserts that the deed of
sale was genuinely and duly executed as it appears and that the
signatures which appears thereon are true as to the respective
signatories thereof, as sustained by the judicial affidavits of the
witnesses3 to the execution of the instrument;

7. Defendant denies paragraph 19 and further asserts affirmatively that


the plaintiff had no longer any equitable title or interest since her
alleged claim had already been extinguished by the due payment
made by the defendant to Julia de la Cruz with respect to the whole
amount of the sum stated in the deed of sale and in accordance to the
conditions contained thereon. Such payments are evidenced by the
receipts4 issued by Julia de la Cruz to the defendant;

Prayer

WHEREFORE, premises considered, defendant respectfully prays unto


this Honorable Court that the complaint be dismissed for lack of merit by
virtue of an extinguished claim and for such orders:

1. Directing the plaintiff to pay the defendant the amount of P75,000 as


moral damages for the anxiety and sleepless nights suffered from and
P40,000 as costs including Attorneys fees;

2. Confirming the validity of the sale and granting the subjected deed of
sale to be recorded in the proper Registry of Deeds;

3
Copies of the Judicial Affidavits of the Witnesses are hereby attached and marked as Exhibit 3, 4 and
5
4
Copies of the Receipts issued by Julia de la Cruz are hereby attached and marked as Exhibits 6, 7 and
8, 9, 10 and 11.
3. Denying the grant of the temporary restraining order sought by
plaintiff to restrain the defendant from fencing the property; and

4. Granting such other reliefs as are just and equitable under the
premises.

30 January 2016 at Tacloban City, Philippines.

Leonida, Marquez, and Montallana Law Office


4th Flr. New Bldg.
Cor. Real and Imelda Avenida Sts.
Tacloban City

By:

ATTY. KERWIN GERARD REYNATO LEONIDA


Counsel for the Defendant
PTR No. 1326618 01/02/2013
IBP No. 884305 12/20/2012
Roll No. 57384
MCLE No. III-0019301
Date Issued: 10/10/2012

ATTY. ROD FRANCIS MARQUEZ


Counsel for the Defendant
PTR No. 1326619 01/02/2013
IBP No. 884306 12/20/2012
Roll No. 57385
MCLE No. III-0019302
Date Issued: 10/1/2014

NEIL MONTALLANA
Counsel for the Defendant
PTR No. 1326620 01/02/2013
IBP No. 884307 12/20/2012
Roll No. 57386
MCLE No. III-0019303
Date Issued: 09/1/2013
VERIFICATION
I, ASHTON PAMINTUAN, of legal age and a resident at Brgy. 25
Tacloban City, after having been duly sworn, deposes and states that:
1. I am the respondent in the above stated case;

2. I have caused the preparation of the foregoing answer with


defenses;

3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of
the documents and records in my possession;

4. I have not commenced any similar action or proceeding in any


court, tribunal or agency involving the same issues and that if I
should thereafter learn that a same or similar action has been filed
thereof I would report the same to the courts, agency or tribunal
within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 30TH day of


January, 2016 at Tacloban City, Leyte, Philippines.

ASHTON PAMINTUAN
Affiant

JURAT

SUBSCRIBED AND SWORN to before me this 30th day of January 2016


at Tacloban City, Philippines, plaintiff exhibiting to me her as
competent proof of identity.

Doc. No. ________


Page No. ________
Book No. ________
Series of 2014
Copy furnished:

Atty. MARY IVY M. PACALA


Counsel for Plaintiff
2nd Flr BPI Bldg cor. J. Romualdez del Pilar St., Tacloban City

Registry Receipt No.:____________


Post Office:____________________
Date:_________________________

EXPLANATION ON THE MODE OF SERVICE

Service of copy of this pleading upon ATTY. MARY IVY M. PACALA was done
by registered mail for the reason of lack of personnel to effect personal
service.

ATTY. KERWIN GERARD REYNATO LEONIDA


Counsel for Defendant
Exhibit 1

August 07, 2010

Dear Julia de la Cruz,

A Pleasant Day!

Hello! How are you? Hear that you are enjoying your new home out there.
Anyway, I have caused the making of this letter as I would like to notify you about the
transfer certificate title that I borrowed from you.

I have decided in my honest conviction and reasonable belief, that it would be


of best interest and convenience for the both of us if I should hand it over to you
personally when we meet, instead of sending a courier for it.

I would like to say my sincerest apologies if this would put you at an


inconvenience, but rest assured that I am personally responsible for the safekeeping
and preserving the integrity of such document until such time when it would already
be permissible for me to properly convey it to you. I hope you do understand the
plight that we are in as to cause such precautionary measure of being resorted to, and
for us to avoid any unnecessary contingency that we desire not to happen, as well as
to avert any risk of loss or any other mishap that might befall on such important
document.

Hoping for your kind consideration and hope to hear from you, in as much as
I would like to see you soon. Take care!

God bless you!

Your friend,

Ashton Pamintuan
Exhibit 2
Exhibit 6

Exhibit 7

Exhibit 8
Exhibit 9

Exhibit 10

Exhibit 11

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