REPUBLIC OF THE PHILIPPINES

NINTH JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 1, ZAMBOANGA CITY

Amer Lucman III,

Plaintiff,

-versus- CIVIL CASE NO. 11594020

FOR: SPECIFIC PERFORMANCE
Weng Santos,
Defendant.
X----------------------------------X

ANSWER
(With COUNTERCLAIM)

DEFENDANT, through counsel, by way of answer to plaintiff’s complaint,

respectfully states that:

Admissions/Denials

1. He admits the allegations in paragraph 2 of the complaint regarding his personal

circumstances;

2. He is without knowledge or information to form a belief as to the truth of the

allegations in paragraph 1, 4, 5 and 6 of the Complaint;

3. He specifically denies each and every material allegation in paragraph 3 of the

complaint, since such allegations are maliciously false and meant only to unjustly
enrich Plaintiff at Defendant’s expense. The truth is that contract which says that
if the plaintiff satisfies the condition stated therein, he will pass the subject and
the signiture appearing therein is forged.

Special and Affirmative Defenses

4. The complaint does not state a cause of action and is a sham pleading;

4.1 On or about June 28, 2005, Defendant is teaching in DLSU – Rufino Campus and
Plaintiff was his student;

4.2 Due to the poor academic performance of said plaintiff, Defendant gave the
plaintiff an performance evaluation which shows that he is impossible to pass even if
he gets 100 in the final exam.

4.3 Defendant discovered to his utter surprise the existence of the alleged contract
executed by the Plantiff and Defendant obligating defendant to pass the plaintiff upon
the satisfaction of the conditions stated therein.

4.4 Defendant were perplexed that the Plaintiff is asking for damages and interest for
the alleged intentional breach of contract made by defendant despite the fact that such
contract is void for being a forged contract.
(Photocopies of the sworn statement by defendant are hereto attached as Annexes “A”
to “A-3” and are made an integral part of this Answer.)

Counterclaim

5. Defendant additionally submits that he is entitled to relief arising from the filing of
this malicious and baseless suit, as follows:

5.1 Moral Damages amounting to Fifty Thousand Pesos (P50,000.00) because his
name and reputation were besmirched by this malicious and baseless suit.

5.2 Despite full knowledge by plaintiff of the forged contract, Plaintff has instituted
the instant malicious suit which compelled defendant to engage the services of
counsel, in order to protect Defendant’s interest, for an agreed professional fee of
P3,000,000, plus an appearance fee of 5,000 per hearing.

5.3 Defendant also incurred other litigation expenses in the sum of P 1,000,000. For
all said fees and litigation expenses, Plaintiff should be adjudged liable to Defendant.

WHEREFORE, Defendant respectfully prays that the judgement be

rendered in his favor by dismissing the Complaint and granting defendant’s
counterclaim by awarding defendant: (a) Fifty Thousand Pesos (P50,000.00) as Moral
Damages, and (b) Three Million Pesos (P3,000,000.00) plus Five Thousand Pesos
(P5,000.00) for every hearing attended by Defendant’s counsel as Attorney’s Fees.

Other just and equitable reliefs are prayed for.

Zamboanga City, October 11, 2007.

MARICEL X. TOLENTINO
Counsel for Defendant
89 Mindanao, Zamboanga City
Attorney’s Roll no. 56342
IBP No. 1234563/ January 15, 2008/ Zamboanga City
PTR no. 123421/ January 20, 2008/ Zamboanga City
MCLE No. 123426/ January 8, 2008
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Weng Santos, of legal age, married, Filipino and the plaintiff in the above
entitled case, after being duly sworn to in accordance with law do hereby depose and say;

1. That I am the Defendant in the above-entitled case;

2. That I caused the preparation of the complaint and I read the allegations
contained therein and understood each of them to be true and correct of my
own personal knowledge and beliefs and based on authentic documents.

3. That I further certify that I have not commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any court, tribunal or agency.

4. That should I learn hereafter of the filing or pendency of such action/s, I

undertake to inform this Honorable Court of said fact within five (5) days
from knowledge therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this of 1

January 2020 at Zamboanga City.

Weng Santos
Defendant

SUBSCRIBED AND SWORN TO BEFORE ME, this 11 of January, 2007 at

Zamboanga City, affiant exhibiting to me his Passport No. EB2503221, issued on January
1, 2007 and valid until May 19, 2018.

Atty. Rick Asero XV

Notary Public

PTR No. 834360789 01/05/07

Doc. No. 85; IBP Life Member Roll No. 06267

Roll of Attorneys No. 58366
Page No. 40;
MCLE Compliance No. II 917834; 03/15/2006
Book No. 20;

Series of 2015.
Copy furnished through personal service:

Atty. Demetria Sandoval

Counsel for the plaintiff
5th floor, Madrigal Business Tower,
Madrigal Business Center,
Ewan, Zamboanga City

PROOF OF SERVICE

I, Primitivo Santos, messenger for Atty, Maricel Tolentino, herein counsel for
Defendant Weng Santos, hereby certify that I personally delivered Defendant’s Answer
dated August 11, 2007 to Plaintiff Amer Lucman III, with address to No. 287 Pacific
Avenue, Himala Village, Ewan, Zamboanga City, The answer was received by plaintiff
himself.

PRIMITIVO SANTOS

(JURAT)

Copy furnished through registered mail:

Atty. Demetria Sandoval

Counsel for the plaintiff
5th floor, Madrigal Business Tower,
Madrigal Business Center,
Ewan, Zamboanga City

EXPLANATION
(Pursuant to section 11, Rules 13, 1997 Rules of Civil Procedure)

A copy of the foregoing answer was served on Plaintiff’s counsel by registered mail due
to time contraints and lack of messenger to effect personal service.

Atty. Maricel Tolentino

Counsel for the defendant