Republic of the Philippines

12th Judicial Region

REGIONAL TRIAL COURT
Branch 32
Cotabato City

SPS. MARIO AND RAQUEL CIVIL CASE No. 369120

AKIN,
Plaintiff, For:

- versus – RECONVEYANCE OF REAL

PROPERTY FOR
MARY ESPINO MADRIGAL ANNULMENT OF TRANSFER
and THE REGISTRY OF CERTIFICATE OF TITLE,
DEEDS OF COTABATO DAMAGES AND
CITY, ATTORNEY’S FEES
Defendants.

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

ANSWER

COMES NOW, defendants MARY ESPINO MADRIGAL and

THE REGISTRY OF DEEDS OF COTABATO CITY assisted by
the undersigned counsel, unto this Honorable Court, most
respectfully states that:

1. The defendant admits the contents of Paragraphs 1 and

2 insofar as the plaintiffs’ and defendant’s personal
circumstances are concerned;

2. The defendant admits the averment in Paragraph 3 of the

Complaint;

3. The defendant specifically denies the allegations of

Paragraphs 4, 5, 6 and 7. The truth of the matter is that
the plaintiffs entered into a contract of sale with the
defendant covering the said real property with Transfer of
Certificate Title No. T-0246 as the subject of such deed of
absolute sale executed on

1|Page
 AFFIRMATIVE DEFENSES

1. That Defendant Petra De La Cruz is the true owner of the

property and has successfully transferred the title of the
property in her name with the Register of Deeds of
Cotabato City by virtue of a Deed of Sale executed by the
Lao-Uy Enterprises, Inc., the registered owner, in her
favor and for consideration. This fact is known to the
plaintiff; Copy of Deed of Sale is hereto attached as
Annex “I”;

2. That prior to the death of Johnny C. De La Cruz, the

latter and defendant Petra De La Cruz entered into a
Deed of Assignment and Transfer of Rights on June 10,
2004, transferring the rights as grantee of the property
subject of controversy; Copy of Deed of Assignment and
Transfer of Rights is hereto attached as Annex “II”;

3. That plaintiff herein is seeking for the annulment of title

allegedly on the ground that the issuance of the same
was tainted with fraud based on a false pretense;

4. That this Honorable Court does not have jurisdiction over

the case for reason that the value of the subject property
in question is Fifteen thousand pesos (Php15,000.00),
hence, this action should be cognizable by the Municipal
Trial Court.

COUNTERCLAIM

1. That by virtue of this unwarranted and malicious act

initiated by the plaintiff, defendant was forced to engage
counsel in the sum of Php100,000.00 as attorney’s fees;

2. Similarly, the plaintiff’s unfounded suit has caused the

defendant mental anguish and suffering and public
humiliation and embarrassment, for which the defendant
claims moral damages of Php200,000.00, and exemplary
damages of Php100,000.00.

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed unto this Honorable Court to:
2|Page
 a. Require plaintiff to pay defendants the amount of
Php100,000.00 as Attorney’s fees, Php200,000.00 as
moral damages, Php100,000.00 as exemplary damages
and the cost of the suit;

b. Issue a Writ of Preliminary Injunction restraining the

plaintiff from disturbing defendant’s possession of the
property in question during the pendency of the case;

c. Other relief just and equitable under the circumstances.

Cotabato City. July 17, 2019.

Assisted by:

ATTY. BARBIE DOLL

Counsel for the Defendants
Door 4, 2F XYZ Bldg., Sinsuat Avenue
9600 Cotabato City
Roll of Attorney No. 12345
MCLE Compliance No. V-0098765 valid until 4/20/2022
PTR No. 246810/01.04.19/Cotabato City
IBP Lifetime Member No. 051419

REQUEST

The Clerk of Court

Regional Trial Court
Branch 32
Cotabato City

GREETINGS:

Please submit the foregoing ANSWER to this Honorable

Court upon filing thereof of its consideration.

ATTY. BARBIE DOLL

Counsel for the Defendants

3|Page
 PROOF OF SERVICE AND EXPLANATION

Service of this pleading was done thru personal service.

ATTY. BARBIE DOLL

Counsel for the Defendants

4|Page