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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION

BRANCH 6

BAGUIO CITY, BENGUET

MARIANA TORRES, Civil Case No. _____

Plaintiff

-versus- For: Annullment of Waiver and

Quitclaim

SPOUSES JULIO and JULIA MARTINEZ,

Respondent

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

ANSWER

Respondents, through the undersigned counsel, and unto this Honorable Court, most
respectfully avers:

1. That he admits the contents of paragraph 2 and 6 only insofar as his personal circumstances
are concerned;

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


veracity of the waiver of rights attached as annex “C” in paragraph 3 of the complaint;

3. Paragraph 8 is admitted, insofar as the reply to the Plaintiff is concerned but avers that the
rude answer in paragraph 9 was never uttered.

4. The Barangay Agreement attached as annex “E” in paragraph 13 is admitted.

5. Since there was never any decision communicated to the respondent for nearly two years by
the plaintiff as to what actions could be done by them long after the agreement in paragraph
13 was agreed upon, respondent admits the excavation activity in paragraph 14. Respondent
sensibly thought that for a lapse of time that long, the plaintiff has no more interest in settling
the matter with them and has ace
6. Paragraph 15 is DENIED, the truth of the matter being as follows:

6.1. The photographs, annexed as “F” and series do not in reality justify the plaintiff’s
exaggerated description.
6.2. The excavation being done was also personally supervised by Juanito, the
plaintiff’s husband, and therefore could not be possibly objected to if has been
causing unnecessary damages to the property of the plaintiff.
7. The legal provisions quoted in paragraph 19 runs contrary to the standards that must be
observed in determining whether a waiver and quitclaim has been validly executed.
In Goodrich Manufacturing Corporation, v. Ativo, this Court reiterated:

Not all waivers and quitclaims are invalid as against public policy. If the agreement
was voluntarily entered into and represents a reasonable settlement, it is binding on the
parties and may not later be disowned simply because of a change of mind. It is only where
there is clear proof that the waiver was wangled from an unsuspecting or gullible person, or
the terms of settlement are unconscionable on its face, that the law will step in to annul the
questionable transaction. But where it is shown that the person making the waiver did so
voluntarily, with full understanding of what he was doing, and the consideration for the
quitclaim is credible and reasonable, the transaction must be recognized as a valid and binding
undertaking. (emphasis supplied)

8. The respondent stands on the validity of the quitclaim executed by the plaintiff’s spouse.

PRAYER

WHEREFORE, in view of the foregoing, Defendants most respectfully pray for the dismissal of
the complaint with costs against the plaintiff. Other reliefs are likewise prayed for.

City of Baguio, January 28, 2019.

JAY AND DAY LAW OFFICE

Counsel for the Defendant

Suite 258 The Tower

Magsaysay Avenue, Baguio City

By:

AR JAY

Roll No. 12345

IBP No, 12345/1-3-2021/Baguio

PTR No. 34567/1-3-2021/Baguio

Copy furnished:
ATTY. FRETTI LAUREL
Counsel for the Plaintiff
Unit 1234 Laurel Building
Session Road, Baguio City
CORDILLERA CAREER DEVELOPMENT COLLEGE
BUYAGAN, AL TRINIDAD
COLLEGE OF LAW

ANSWER TO COMPLAINT AND PRE-TRIAL BRIEF

SUBMITTED TO:
ATTORNEY JULIET CAMUYOT

SUBMITTED BY:
MENDEZ, VANESSA