REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 12, OLONGAPO CITY

JOAN PADILLA,
Plaintiff,

- versus - CIVIL CASE NO. 123

For: Specific Performance and Damages

VILLAR & VILLAR CO.

Defendant.

x-----------------------------------x

ANSWER WITH COUNTERCLAIM

Defendant, through the undersigned counsel, most respectfully file their Answer in
response to the Complaint of the Plaintiffs and interpose as well as their
counterclaim against the latter, to wit:

1. Paragraphs 1 and 2 of the complaint are admitted.

2. Paragraph 3 of the complaint is denied for lack of knowledge or information
sufficient to form a belief as to the veracity or falsity thereof, the matters
being only known to, and are within the control only, of the plaintiff.
3. Paragraph 4 of the complaint is denied as the verbal contract between the
plaintiff and the defendant does not contain the alleged “retention clause”.

4. Paragraph 5 of the complaint is denied as the agreement states that the 2 nd

floor of the 2-storey building must have the capacity to hold not exceeding
50 persons.

5. Paragraphs 6 and 7 of the complaint are admitted.

6. Paragraphs 8, 9, and 10 are denied for lack of knowledge or information

sufficient to form a belief as to the veracity or falsity thereof, the matters
being only known to, and are within the control only, of the plaintiff.

7. Paragraph 11 is admitted. Such investigation was done after an ocular

inspection made by Engr. Manny Villar on January 16, 2021.

8. Paragraphs 12, 13, 14, and 15 are admitted.

9. Paragraph 16, 17, 18, and 19 are denied as the allegations are merely an act
to pre-empt the plaintiff’s right to exercise of her right to pursue collection
by court action which was contrary to the said verbal agreement made by
both parties as presented by Annex A.
SPECIAL AND AFFIRMATIVE DEFENSES

10. The title to the subject land property is owned by Canedo Perez and not the
plaintiff, as per the Transfer Certificate of Title naming Canedo Perez as the
rightful owner of the said land. (Annex B)
11. The plaintiff is not entitled to the retention of the One Million Pesos
(P1,000,000.00) in the absence of any retention clause as to the verbal
agreement.
12. The plaintiff agreed to pay the retrofitting of the 2-storey assembly hall
amounting to Nine Hundred Eighty Thousand Pesos (P980,000.00)
13. The claim of damages of the plaintiff is unfounded as there is no basis for
her claims for loss of income.

COMPULSORY COUNTERCLAIM

14. Defendant demands the payment of P1,980,000.00 as the amount of the

unpaid reimbursement of the plaintiffs for the retrofitting of the assembly
hall and the remaining due amount as payment for the services of the
defendant. (Annex C)
15. By reason of the instant precipitate and unfounded suit, the defendant was
constrained to hire the services of a lawyer to defend his rights and interests
for a professional fee of P20,000.00 plus P3,000.00 per court appearance;
 WHEREFORE, premises considered, it is respectfully prayed that the
complaint be dismissed for lack of merit and the defendant’s compulsory
counterclaim be granted, i.e.. attorney’s fees of P20,000.00 plus costs of suit.

The defendant respectfully prays for such and other reliefs as may be
deemed just and equitable in the premises.

Olongapo City, Philippines, this 24th day of August 2021

GACUTAN AND SALAZAR LAW OFFICE

Counsel for the Defendant
Suite 258 The Tower
Olongapo, Zambales

By: ARVIN GACUTAN

Roll No. 98765
IBP No, 12345/1-3-2012/Olongapo
PTR No. 34567/1-3-2012/Olongapo
 VERIFICATION

I, Ayla Ruth F. Rosario, of legal age, single, Filipino Citizen, acting on

behalf of VILLAR & VILLAR Co. and a resident of Unit 123, Asia Bldg., Field
Park Residences, Pasig City, after being sworn according to law, hereby depose
and state that;

1. The allegations in the pleading are true and correct based on my personal
knowledge, or based on authentic documents;
2. The pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and
3. The factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for
discovery.

Ayla Ruth F. Rosario

Acting on behalf of the defendant
In witness thereof, I, Ms. Nicole A. Bautista, counsel of the defendant, have
hereunto set my hand this 24th of August 2021 at Olongapo City.

Nicole A. Bautista
Counsel for the Defendant
PTR No. 18909595:1-04-07:B.C.
 IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Pasig Boating Center
180 Burnham Lake, Pasig City

SECRETARY’S CERTIFICATE

I, Alyzza Marie I. Ramos, Filipino, of legal age, and with address at Block 7 Lot 8
Villa Trinidad Village, Tondo, Manila City, being duly sworn, depose and state
that:

1. I am the duly elected and qualified secretary of VILLAR & VILLAR Co.,
a corporation duly organized and existing under Philippine laws with office
address at Unit 2235 One Bonifacio Tower, Fifth Avenue, Taguig City.
2. At the regular meeting of the Board of Directors of the corporation held on
June 27, 2021, the Board of Directors approved the following:

a. To allow Ayla Ruth F. Rosario to sue and defend any claims against the
corporation.

IN WITNESS WHEREOF, I have hereunto set my hand this July 1, 2021 in the
City or Municipality of Olongapo, Philippines.

Alyzza Marie I. Ramos

Corporate Secretary

SUBSCRIBED AND SWORN TO before me this 1st day of July 2021 in

Olongapo City, Philippines by the above-named affiant who exhibited to me his
IBP ID with Roll of Attorneys No. 45530 as evidence of her identity.
 NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Navotas City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Navotas City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Navotas City
PTR No.1161033; 01/10/16 – Navotas City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com

Doc. No. 209;

Page No. 124;
Book No. 21;
Series of 2021
 ANNEX A

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 12, ZAMBALES CITY

JOAN PADILLA,
Plaintiff,

- versus - CIVIL CASE NO. 123

For: Specific Performance with Damages

VILLAR & VILLAR CONSTRUCTION

FIRM, SPOUSES CYNTHIA AND
MANNY VILLAR,
Defendant.

x-----------------------------------x
 JUDICIAL AFFIDAVIT
|OF MANNY VILLAR|
I, Manny Villar, Filipino, of legal age, with residence at Unit 123, Asia
Bldg., Field Park Residences, Pasig City, fully aware and conscious that I am
subscribing under oath and may face criminal liability for false testimony or
perjury, if the statements herein contained are proven to be false, in response to the
questions propounded by Atty. Vincenzo Cassano, do hereby depose and state that:
PURPOSES
The testimony of the witness Manny Villar, is being offered to prove that he
was the Chief Executive Officer of VILLAR & VILLAR CO. The defendant
contracted with the plaintiff for the construction of her Assembly hall within her
resort. However, due to the non-payment of the services by the plaintiff, and by
reason of the unfounded suit filed by her, the defendant was compelled to acquire
the services of a lawyer and to file a counter-suit against the complaint of the
former.
This Judicial Affidavit shall serve as the direct testimony of the witness in
this case.
QUESTION AND ANSWER
1. Q: Do you swear before this court to tell the truth?
A: Yes, I do.

2. Q: The person I am speaking with today is the CEO of the defendant

corporation, Engr. Manny Villar, Is this correct?
A: Yes, I am.

3. Q: You are an engineer?

A: Yes, I am.

4. Q: What is your usual business?

A: Construction of leisure parks, resorts, and commercial buildings

5. Q: How long has been your business operating?

A: It has been operating since 1999.
6. Q: How did you meet the plaintiff?
A: She went to our office because she told me that she wants to have her
own assembly hall in her resort.

7. Q: What is the form of contract between you and the plaintiff?

A: We had an oral agreement.

8. Q: What was indicated in your agreement with the plaintiff?

A: We had an agreement that the 2-storey assembly hall, which have a fixed
value of P10,000,000.00. It also must accommodate at least 50 pax in the
second floor of the said hall.

9. Q: What was the response of the plaintiff after you offered to her your
services?
A: She agreed.

10.Q: After your corporation has finished constructing the assembly hall, how
much was the payment delivered by the plaintiff?
A: The plaintiff paid us a total value of P9,000,000. The plaintiff still has a
remaining balance.

11.Q: How much was the remaining balance of the plaintiff?

A: P1,000,000.00

12.Q: What was the issue of the assembly hall?

A: After investigation, there was indeed a crack on the beams of the
assembly hall.

13.Q: What did you do after you received notice as to the faulty beams?
A: We negotiated with the plaintiff for the retrofitting of the assembly hall.

14.Q: How much was the amount for the retrofitting?

A: P980,000.00

15.Q: What did the plaintiff told you after your negotiation as to the retrofitting
price which is to be shouldered by her?
A: She agreed to shoulder it.
 16.Q: What was the reason why she doesn’t want to pay the remaining balance?
A: The plaintiff told me that she doesn’t want to pay anymore because she
was terminated from her work.

17.Q: What did you do after knowing the reason why the plaintiff cannot pay?
A: I gave the plaintiff a demand letter for the payment of the remaining
value of the services rendered.

18.Q: What did you do when you received a notice that the plaintiff filed a suit
against your corporation?
A: I was shocked that the plaintiff sued us because it was her who has an
outstanding debt left unpaid even after she received a demand letter.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 24th

day of July 2020 in Olongapo City, Philippines.

MANNY VILLAR
Affiant Witness
SUBSCRIBED AND SWORN TO before me this 24th day of July 2020 in
Olongapo City, Philippines by the above-named affiant who exhibited to me his
identification document consisting of Driver’s License ID No. N04-18-013921
issued at Valenzuela City.

NOTARY PUBLIC
ATTY. JENNY GONZALES
Notary Public for Olongapo City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Olongapo City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Olongapo City
PTR No.1161033; 01/10/16 – Olongapo City
 MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com

Doc. No. 208;

Page No. 123;
Book No. 21;
Series of 2021
SWORN ATTESTATION
I, Nicole A. Bautista, of legal age, Filipino, with office address at 3B1 Law
Office, Paseo de Roxas, Makati City, Philippines after being duly sworn to in
accordance with law, do hereby depose and state;
1. I conducted/supervised the examination of the witness, Mr. Manny
Villar, at the abovementioned office.
2. I have faithfully recorded or caused to be recorded the questions I asked
to the witness and the corresponding answers given by the witness.
3. Neither I, nor any other person then present or assisting me, coached the
witness in giving the answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th day of
July 2020 in Olongapo City, Philippines.
NICOLE A. BAUTISTA
Affiant
SUBSCRIBED AND SWORN TO before me this 14th day of March 2021
in Navotas City, Philippines by the above-named affiant who exhibited to me his
IBP ID with Roll of Attorneys No. 45530 as evidence of her identity.
NOTARY PUBLIC
ATTY. JENNY GONZALES
Notary Public for Navotas City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Navotas City
Roll No. 477113; 04/20/2012
 IBP No. 135790; 01/10’16 - Navotas City
PTR No.1161033; 01/10/16 – Navotas City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com

Doc. No. 209;

Page No. 124;
Book No. 21;
Series of 2021
ANNEX B
ANNEX C