REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
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Plaintiffs, CIVIL CASE NO. Rxxxxx

FOR: Rescission with Damages
-versus-

Defendants.

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ANSWER with COUNTERCLAIM

(In Re: Summons Received on 27 August 2020)
NOW COMES the defendants, through the undersigned counsel, unto this
Honorable Court, most respectfully states:

1. Paragraphs 1 and 2 of the Complaint are ADMITTED in so far as the

personal circumstances of the parties are concerned;

2. Paragraph 3 is PARTLY ADMITTED only in so far as the subject

property is registered in the name of the plaintiffs. HOWEVER, the
subject property has already been conveyed by means of tradition to
the defendants which will be discussed in detail in the special and
affirmative defenses part hereinbelow;

3. Paragraphs 4, 5 and 6 of the Complaint are DENIED for lack of

knowledge and information sufficient to form a belief as to the veracity
or falsity thereof, the allegations therein being matters known only to,
and are within the control only of the plaintiffs;

4. Paragraphs 7 and 8 are ADMITTED;

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5. Paragraph 9 is DENIED in so far as it alleges that herein defendants
represented to Plaintiff Rebecca A. Aguila that they would apply for a
bank loan to fully pay the balance of the purchase price. Hence the truth
being that stated in the affirmative and special defenses part hereunder;

6. Paragraph 10 is DENIED with respect to the allegation that it was the

defendants who proffered the idea that “a bank” requires the transfer
of the condominium title in their names in order to facilitate the
approval of an ALLEGED loan. Hence, defendants lack knowledge or
information sufficient to form a belief as to the veracity or falsity
thereof, the truth being that stated in the affirmative and special
defenses part hereinbelow;

7. Paragraphs 11, 12 and 13 are ADMITTED;

8. Paragraphs 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 ,24 ,25, 26, 28, 29,
30, 31, 33, 34, 35, 37, 40 are DENIED for lack of knowledge and
information sufficient to form a belief as to the veracity or falsity
thereof, the truth being that stated in the affirmative and special
defenses part hereinunder;

9. Paragraph 27 is DENIED in so far as there is variance in the amount of

deposit, the truth being that stated in the affirmative and special
defenses part hereinbelow;

10. Paragraphs 41, 42, and 43 are DENIED for lack of knowledge and
information sufficient to form a belief as to the veracity or falsity
thereof, the allegations therein being matters known only to, and are
within the control only of the plaintiffs;

11. Paragraph 44 is DENIED for lack of knowledge and information

sufficient to form a belief as to the veracity or falsity of the alleged
amounts of attorney’s fees agreed upon by the plaintiffs and their

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 lawyer. The allegations therein being matters known only to, and are
within the control only of the plaintiffs;

SPECIAL AND AFFIRMATIVE DEFENSES

12. The Complaint filed by Plaintiffs is nothing but a malicious lawsuit

calculated to harass the Defendants, not to mention that they do not
have a cause of action for Rescission that renders the instant case
dismissible;

I. Herein, there is a Contract of Sale payable on Installments

13.
WHEREFORE, premises considered, it is most respectfully prayed
before this Honorable Court:

1. That the appearance of the undersigned counsel be

duly noted;
2. That the complaint be dismissed for lack of merit; and

3. The defendants’ compulsory counterclaim for specific

performance and actual damages, plus cost of suit, be
GRANTED

The defendants, likewise, respectfully prays for such and other reliefs
as may be deemed just and equitable by the Honorable Court under the
circumstances of this Case.

Bauan, Batangas for the City of Manila, 4 September 2020

To: ATTY. YIYI KHINDINI TAN-MONTEMAYOR

Clerk of Court V

Greetings:

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 Pease submit the foregoing Entry of Appearance and Answer with
Counterclaim for consideration and approval of the Honorable Court WITHOUT
FURTHER APPEARANCE OF THE PARTIES.

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EXPLANATION

It is hereby explained that a copy of the foregoing Entry of Appearance and

Answer with Counterclaim were sent to the plaintiffs’' counsel via accredited
courier with return card, as undersigned has no available personnel to effect
personal service.

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