REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

REGIONAL TRIAL COURT
City of Manila

MIGUEL RAMONKITO MENDOZA,

Plaintiff,

CIVIL CASE: # 4455

-versus-
For: Breach of Contract

ABIGAIL SOL MENDOZA,

Defendant.
x------------------------------------------------------------x

ANSWER

COMES NOW the Defendant, through undersigned counsel, and

unto this Honorable Court most respectfully avers that:

1. The defendant admits the contents of paragraph 1 insofar as her

personal circumstance is concerned;

2. The defendant admits the allegations in paragraphs 2 and 3 there

being a contract existed between the parties;

3. The defendant specifically denies the contents of paragraphs 4 of

the complaint the truth being that those alleged in the special and
affirmative defenses part herein below; and

4. The defendant is without knowledge or information to form a belief

as to the truth of the averments made in the rest of the paragraphs
thereof.

By way of special and affirmative defenses, defendant avers that:

5. The defendant decided not to deliver the things because she has the
right to rescind the contract. It is clearly provided for under Article
1191 of the New Civil Code of the Philippines:
“The power to rescind obligations is implied in reciprocal
ones, in case one of the obligors should not comply with
what is incumbent upon him.”

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 6. The defendant was not aware about the execution of the contract
to sell between the plaintiff and Monico Aggabao, Jr., as stated in
paragraph 5 of his Petition. It was justified on the part of the
defendant that the same may be rescinded by her. Article 1597 is
all about the grounds when the seller may totally rescind the
contract of sale, to wit:

Art. 1597. Where the goods have not been delivered to the
buyer, and the buyer has repudiated the contract of sale,
or has manifested his inability to perform his obligations there
under, or has committed a breach thereof, the seller may
totally rescind the contract of sale by giving notice
of his election so to do to the buyer.”;

7. Applying the above-mentioned preceding provision of the Civil

Code of the Philippines, the Plaintiff’s execution of contract to sell
with Mr. Aggabao, Jr. without the knowledge of the defendant
constitutes that the plaintiff instituted an action with unclean hands
since he has manifested from his act that he has inability to perform
his obligation, that is to pay the balance; and

8. The Petition filed by the plaintiff is nothing but a malicious lawsuit

calculated to harass the defendant, not to mention that it does not
state a cause of action and is a clear resort to forum-shopping when he
filed his Petition before the Makati RTC and yet, the Order dated 23
September 2019 was obtained from this Honorable Court, thereby
rendering it dismissible outright. Attached herein is the copy of the
Order and marked as Exhibit “1”;

By way of counterclaim, defendant alleges that:

9. By virtue of this unwarranted and malicious act initiated by the

plaintiff, defendant was forced to engage counsel in the sum of TEN
THOUSAND PESOS (Php 10,000.00) plus THREE THOUSAND
PESOS (Php 3,000.00) per court appearance; and

10. Similarly, the plaintiff’s unfounded suit has caused the defendant
mental anguish and suffering and public humiliation and
embarrassment, for which the defendant claims moral damages of
ONE HUNDRED THOUSAND PESOS (P100,000.00).

PRAYER

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 WHEREFORE, it is respectfully prayed that the complaint be
dismissed, the contract be rescinded, and defendant be awarded the amount
of P5, 000.00.

Other equitable reliefs are likewise prayed for.

Valenzuela City for Manila, September 27, 2019.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for the Defendant
43 Masigla St. Karuhatan, Valenzuela City
MCLE Compliance No. 1458; 2-2-18
Roll of Attorney No. 67673/ 4-4-18/ Manila
IBP No. 67387/ 6-6-18/ Manila
PTR No. 7827/ 7-4-18/ Manila

Copy Furnished:

ATTY. JOHN PATRICK M. NAZARREA

620 Quirino Highway, Bagbag,
Novaliches, Quezon City

EXPLANATION OF SERVICE
The foregoing Answer is served by registered mail since personal
service is not practicable, because of distance, lack of personnel, and time
constraint in the undersigned’s office.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for the Defendant

EXPLANATION OF SERVICE
(Pursuant to Section 11, Rule 13 of the
1997 Rules on Civil Procedure )

The foregoing Notice of Appeal is served by registered mail since

personal service is not practicable, because of distance, lack of personnel,
and time constraint in the undersigned’s office.

3
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.

AFFIDAVIT OF SERVICE

I, DENNIS ROMAN, of legal age, with residence at 21 Biga-a St.,

Malinta, Valenzuela City, state under oath that:

1. I am employed as a messenger by Atty. John Patrick M. Nazarrea

with office address at 620 Quirino Highway, Bagbag, Novaliches, Quezon
City; and

2. On 28 September 2019, I caused to be served a copy of the

following pleading/paper by registered mail pursuant to Section 10, Rule 13
of the 1997 Rules on Civil Procedure:

ANSWER

in CIVIL CASE No. 4455 entitled “MIGUEL RAMONKITO

MENDOZA versus ABIGAIL SOL MENDOZA” for Breach of Contract
by depositing a copy in the post office in a sealed envelope, plainly
addressed to the office of defendant’s counsel of record, ATTY. JOHN
PATRICK M. NAZARREA with address at 620 Quirino Highway, Bagbag,
Novaliches, Quezon City with postage fully paid as evidenced by the return
card under Registry Receipt No. 121989 and with instructions to the
postmaster to return the mail to the sender after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto set my hand at Quezon

City, 27 September 2019.

DENNIS ROMAN
Affiant

SIGNED AND SWORN before me in Quezon City, this 27

September 2019 after I identified affiant through his Passport 00148600
dated 12 June 2018.

JUAN DELA CRUZ

Notary Public for Quezon City
2 Bldg., Tomas Morato,
Quezon City
Commission Serial 12345
Doc 12; Until November 30, 2019
Page 26; Roll of Attorney 78945
Book II; PTR 45623 1-1-18; Manila
Series of 2019. 4
IBP 56123 1-1-18; Manila