Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 143 views

    Defendants: Answer With Counterclaim

    Uploaded by

    Urville Maliper
    This document is an Answer with Counterclaim filed in response to a Complaint for recovery of possession of land. The defendant admits some allegations of the Complaint but denies intruding on the land, claiming to have stayed there as the brother of the owner. As a counterclaim, the defendant asserts that the Complaint tarnished his reputation and seeks moral and exemplary damages, as well as attorney's fees and court appearance honoraria. The defendant prays that the Complaint be dismissed and the requested damages be awarded.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Defendants: Answer With Counterclaim

    Uploaded by

    Urville Maliper
    143 views2 pages
    This document is an Answer with Counterclaim filed in response to a Complaint for recovery of possession of land. The defendant admits some allegations of the Complaint but denies intruding on the land, claiming to have stayed there as the brother of the owner. As a counterclaim, the defendant asserts that the Complaint tarnished his reputation and seeks moral and exemplary damages, as well as attorney's fees and court appearance honoraria. The defendant prays that the Complaint be dismissed and the requested damages be awarded.

    Original Title

    Answer Sample

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is an Answer with Counterclaim filed in response to a Complaint for recovery of possession of land. The defendant admits some allegations of the Complaint but denies intruding on the land, claiming to have stayed there as the brother of the owner. As a counterclaim, the defendant asserts that the Complaint tarnished his reputation and seeks moral and exemplary damages, as well as attorney's fees and court appearance honoraria. The defendant prays that the Complaint be dismissed and the requested damages be awarded.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    143 views2 pages

    Defendants: Answer With Counterclaim

    Uploaded by

    Urville Maliper
    This document is an Answer with Counterclaim filed in response to a Complaint for recovery of possession of land. The defendant admits some allegations of the Complaint but denies intruding on the land, claiming to have stayed there as the brother of the owner. As a counterclaim, the defendant asserts that the Complaint tarnished his reputation and seeks moral and exemplary damages, as well as attorney's fees and court appearance honoraria. The defendant prays that the Complaint be dismissed and the requested damages be awarded.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Republic of the Philippines

    SUPREME COURT
    Eighth (8th) Judicial Region
    REGIONAL TRIAL COURT
    Tacloban City, Leyte

    Alfonso de la Cruz, Civil Case No.:__________


    Plaintiff
    -versus- For: Recovery of Possession
    With Prayer for Writ of Preliminary
    Samuel Regalado and Attachment under Section 1(c),
    Rafaela Regalado, Rule 57 of the Rules of Court

    Defendants
    ANSWER WITH COUNTERCLAIM

    DEFENDANT, SAMUEL REGALADO, through the undersigned counsel, most


    respectfully file his Answer in response to the Complaint of the Plaintiffs and interpose
    as well his counterclaim against the latter, to wit:

    1. Defendant admits the allegations of Paragraphs 2, 3, 6, and 12 of the


    Complaint;

    2. Defendant is without knowledge or information sufficient to form a belief as to


    the truth of the averments contained in paragraphs 4, 5, 7, 9, 10, 11, 13, 16,
    17, 18, 19, 20 and 21 of the Complaint, except that which pertains to the
    possession amounting to intrusion;

    3. Defendant claims that his possession of the subject land cannot be considered
    as intrusion for he only stayed on the land and house built thereon as the
    brother of the owner of the said land, and that he has no knowledge of any legal
    matters involving its ownership.

    COMPULSORY COUNTERCLAIM

    Defendant further repleads his earlier averments, and by way of Counterclaim


    further avers THAT:

    Due to the filing of the Complaint, Defendant’s reputation have been tarnished, for
    which reason, Plaintiff should be held liable in the sum of FIFTY THOUSAND PESOS
    (P50,000.00) by way of moral damages;

    By way of example and in the interest of public good so that others may be
    deterred from filing a similar Complaint, Plaintiff should be held liable for exemplary
    damages in the sum of TWENTY THOUSAND PESOS (P20,000.00);

    In order to protect their rights and interests, Defendant was constrained to engage
    the services of a lawyer whom they paid the sum of THIRTY THOUSAND PESOS
    (P30,000.00) as Attorney’s fee plus FIVE THOUSAND PESOS (P5,000.00)
    honorarium per court appearance.
    PRAYER

    WHEREFORE, on the basis of the foregoing, it is most respectfully prayed for that
    the Honorable Court render judgement in favor of the Defendant by DISMISSING the
    Complaint, and thereafter award to the Defendant the damages as set forth in the
    Counterclaim.

    Other reliefs just and equitable under the premises are likewise prayed for.

    Respectfully Submitted. 14 June 2021, Tacloban City.

    Atty. Romnick A. Canona


    Notary Public for Tacloban City
    Until December 31, 2022
    IBP No. 12345; 5/10/2020, Tacloban City
    PTR No. 54321; 5/10/2020, Tacloban
    City
    Roll of Attorney No. 2020-987654
    MCLE Compliance No. III – 123789

    The Clerk of Court


    RTC - Tacloban City

    Please submit to the Honorable Court the foregoing Answer immediately upon
    receipt hereof for favorable action. Thank you.

    ROMNICK CANONA

    Copy furnished via registered mail:

    ATTY. LOVELY MAE SABALBERINO


    Sabalberino Law Office, Room 12, XYZ Building
    6500, Tacloban City, Philippines

    You might also like