Sample Answer

Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch ___, Mandaluyong City BLAKE
GRIFFIN, Plaintiff, - versus JACK GRIFFIN, JAMES GRIFFIN Defendants. x-----------------------x ANSWER COMES NOW the defendants, JACK GRIFFIN and JAMES GRIFFIN, through the undersigned counsel unto this Honorable Court most respectfully alleges that: Civil Case No. ______ For: Judicial Partition
1. Defendants admit the allegations contained in paragraphs 1 and 2 of the complaint;
2. Defendants admits the allegations contained in paragraphs 3(a) and 3(b) of the complaint to the extent that such parcels of land exist but denies the rest of the allegations that a co-ownership continues to exist among
plaintiff BLAKE GRIFFIN, and defendants JACK GRIFFIN and JAMES GRIFFIN;
3. Defendants admit the allegation in paragraph 4 of the complaint; however, due to a Deed of Sale executed by the parties in this case on 19 September 2011, ownership of the 2 parcels of land had already been transferred solely to Defendants;
4. It is seen in Article 494 of the Civil Code, that only a co-owner can demand partition of property;
5. Since the plaintiffs proportionate share has already been transferred to the defendants by virtue of the Deed of Sale, plaintiff cannot anymore demand the partition of the property;
6. Defendants admit the allegation contained in paragraph 6 of the complaint to the extent that he has been receiving all the income of the parcels of land in the form of rentals but denies the need for an accounting to the plaintiff as he is not a c0-owner of the 2 parcels of land;
AS AND BY WAY OF COUNTERCLAIM, the defendants most respectfully state: that
7. Defendants replead and incorporate herein by way of reference all the allegations contained in their answer above and in their affirmative defenses;
8. Due to the filing of this completely baseless, unfounded and malicious suit, defendant has suffered and is still suffering from sleepless nights, serious anxiety, wounded feelings, immeasurable inconveniences, for which plaintiff should be ordered to pay the amount of P500,000 as moral damages;
9. Despite full knowledge that he has no valid cause of action, plaintiff has persisted in filing this baseless suit. To protect their right and interest, defendants herein was compelled to engage the services of the undersigned counsel with whom they have an agreement to pay P50,000 as attorneys fees, in addition to P5,000 per appearance.
RELIEF
WHEREFORE, it is most respectfully prayed that after due notice and hearing, judgment be rendered --
a. Ordering plaintiffs complaint be dismissed b. Ordering payment of P500,000 as moral damages and P50,000 as attorneys fees c. Defendants pray other reliefs that may be deemed just and equiatable
Mandaluyong, Philippines, November 27, 2011.
FLV LAW OFFICE Counsel for the Plaintiff Suite 1106 State Centre Building Valero, Makati By: MARQ CASIPIT PTR No. 6403223 02/12/08 Makati IBP No. 04453 /Lifetime / Makati I Roll No. 34455 MCLE Compliance No. II-0000874 10/29/08
Republic of the Philippines _________________
) ) S.S.
VERIFICATION & CERTIFICATION We, JACK GRIFFIN and JAMES GRIFFIN, of legal age, Filipino, after being duly sworn in accordance with law hereby depose and state: that-1. We are the plaintiff in the above entitled complaint;
2. We caused the preparation of this complaint, read its contents and state that the allegations therein are true and correct according to my personal knowledge; 3. We have not commenced any action or proceeding involving the same issues in the Supreme Court, the Court of Appeals or any tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or agency; 4. That if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any tribunal or agency, I shall undertake to promptly notify or inform the aforesaid court and such other tribunal or agency of the said facts within five (5) days therefrom.
JACK GRIFFIN Defendant/Affiant
JAMES GRIFFIN Defendant/ Affiant
SUBSCRIBED AND SWORN to before me this 27 day of November 2011 in Mandaluyong, Philippines. Affiants exhibited to me their Passport No. 12345 issued on August 2, 2010 valid until August 2, 2011 and Drivers License 12345 issued on September 1, 2010 valid until September 1, 2011, respectively. GREG POPOVICH Notary Public Until December 31, 2011 PTR No. AC 7900098 January 4, 2011/ Manila
Doc. No. ___; Page No. ___; Book No. ___; Series of 2011.

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Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch ___, Mandaluyong City BLAKE

1. Defendants admit the allegations contained in paragraphs 1 and 2 of the complaint;

AS AND BY WAY OF COUNTERCLAIM, the defendants most respectfully state: that

Mandaluyong, Philippines, November 27, 2011.

Republic of the Philippines _________________

JACK GRIFFIN Defendant/Affiant

JAMES GRIFFIN Defendant/ Affiant

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