REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 1
Pasay City

M2,
Plaintiff,

-versus- SCA No. 54321

For: Foreclosure of Real Estate Mortgage
M1,
Defendant,
x----------------------------------x

ANSWER WITH COUNTERCLAIM

The defendant M1 (“Defendant”), by counsel, respectfully states that:

1. The defendant admits to the truth of the following allegations of the

Complaint contained in:

a) Paragraph 1 insofar as it alleges the personal circumstances of

the plaintiff and defendant;
b) Paragraph 2 insofar as it alleges that there was a promissory note
between the defendant and the plaintiff and to the contents
thereof;
c) Paragraph 3 in so far that the defendant executed a real estate
mortgage on a parcel of land in Pasay City in favor of the plaintiff;
d) Paragraph 4, 5, and 7 are likewise admitted.

2. The defendant specifically denies that there were any oral and/or written
demands by the plaintiff. Moreover, the defendant specifically denies under
oath the genuineness and due execution of the Demand Letter as alleged
in Paragraph 6, a copy of which is attached to the plaintiff’s complaint as
Annex C, the truth of the matter is stated in the affirmative and special
defenses herein;

AFFIRMATIVE AND SPECIAL DEFENSES

3. The defendant, reiterates, repleads and incorporates by reference all the

foregoing answer to the allegation as they are material and additionally
submit that the complaint should be dismissed because of the following:
 a) The complaint failed to state a cause of action or premature on
account of failure of the plaintiff to make a demand towards the
defendant prior to the filing of this complaint. The acknowledgement
of receipt of demand letter allegedly personally made by the
Defendant on August 15, 2019 cannot be true and a product of
forgery. The truth of the matter is that for the period August 12 to 16,
2019, the defendant is out of the country attending seminar as shown
in his Certificate of Attendance attached herein as “Annex A”.

Moreover, the plaintiff agreed prior to lapse of the payment period,

albeit orally, that he will give the defendant a grace period to pay the
debt and will not demand payment even after the lapse of the period
owing to the fact that the value consideration of the promissory note
which are goods for sale were destroyed by the flooding and the
defendant is financially distressed.

b) The Honorable Court has no jurisdiction over the complaint of the

plaintiff. This is an action which involves title to or interest in real
property, but there was no allegation of the assessed value of the
property in the complaint nor can it be identified through a facial
examination of the documents attached to the complaint.

COMPULSORY COUNTERCLAIM

4. Due to the malicious filing of this instant suit, Defendants have hired the
services of the undersigned counsel for an agreed amount of One Hundred
Thousand Pesos (P100,000.00) and have suffered sleepless night and
besmirched reputation which entitles the defendant to moral damages of
Fifty Thousand Pesos (P50,000.00).

PRAYER

WHEREFORE, defendant prays that:

a) Judgment be rendered dismissing the Complaint filed against

the defendant with cost against the plaintiff;
b) Award of the counterclaim to the defendant as mentioned
above; and,
c) Other reliefs as the Court may deem just and equitable.

Pasay City, Philippines,18 September 2019.

XYZ Law Firm

Counsel for the Defendant
Unit 2, Building 2, Brgy. 1, Pasay City
 Telephone No. 525-7355;525-4026
Email address: xyzlaw@gmail.com

By:

(signed)
Atty. YYY
Roll of Attorney No. 54321
IBP No. 6543/1-31-2019/Pasay City
PTR No. 6754/1-31-2019/Pasay City
MCLE Compliance No. IV-1234

Republic of the Philippines)

City of Makati) S.S.

VERIFICATION
I, M1, of legal age, do hereby state that:
a. I am the defendant in the case filed by M2;
b. In response, I have caused the preparation of this Answer with
Counterclaim;
c. I have read its contents and affirm that they are true and correct
based on my personal knowledge or authentic records.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of September
2019, in the City of Pasay, Philippines.

(signed)
M1
Affiant

SUBSCRIBED AND SWORN to before me this 18th day of September 2019 at Pasay
City. Affiant M1 exhibited to me his Philippine passport, with No. EB987654 issued on 04 April
2018 issued at Pasay City as competent evidence of affiant’s identity in accordance with the
2004 Rules on Notarial Practice.

Atty. VVV
Notary Public
Notarial Commission No. 12345
Valid Until December 31, 2020
Roll of Attorney No. 11111
Doc. No. 1 IBP No. 2222/1-31-2019/Pasay City
Page No. 2 PTR No. 3333/1-31-2019/Pasay City
Book No. 3 MCLE Compliance No. IV-4444
Series of 2019
Copy Furnished (through Registered Mail):
Atty. Juan Cruz
Counsel for the Plaintiff
Unit 1, Bldg. 1, Brgy. 1, Pasay City

EXPLANATION
The filing and service of this answer with counterclaim is by registered mail for
personal filing is not practicable due to time, distance and lack of manpower constraints.

(signed)
Atty. YYY

Republic of the Philippines)

City of Makati) S.S.

AFFIDAVIT

I, Mr. C, a messenger of XYZ Law Firm, with office address at Unit 2, Building 2,
Brgy. 1, Pasay City, states that:

1. On 18 September 2019, I served a copy of the ANSWER with

COUNTERCLAIM by registered mail in accordance with Section 10, Rule 13 of
the Rules of Court in Case No. 54321 by depositing a copy in Pasay City Post
Office in a sealed envelope.

2. The said mail matter was addressed to Atty. Juan Cruz at Unit 1, Bldg. 1, Brgy.
1, Pasay City, with postage fully paid, with Registry Receipt No. 54321 and with
instructions to the post master to return the mail to sender after ten (10) days if
undelivered.

IN WITNESS WHEREOF, I have signed this instrument this 18th day of September
2019, in the City of Pasay, Philippines.

(signed)
Mr. C
Affiant

SUBSCRIBED AND SWORN to before me this 18th day of September 2019 at Pasay
City. Affiant Mr. C exhibited to me his Philippine passport, with No. EB111111 issued on 04
January 2018 issued at Pasay City as competent evidence of affiant’s identity in accordance with
the 2004 Rules on Notarial Practice.
 Atty. VVV
Notary Public
Notarial Commission No. 12345
Valid Until December 31, 2020
Roll of Attorney No. 11111
IBP No. 2222/1-31-2019/Pasay City
Doc. No. 2 PTR No. 3333/1-31-2019/Pasay City
Page No. 2 MCLE Compliance No. IV-4444
Book No. 3
Series of 2019
ANNEX A