This document is an answer with compulsory counterclaim filed by defendant Emilia A. Turillo in response to a civil case brought by plaintiff Ivy C. Aguas regarding specific performance and damages. The defendant admits some allegations of the plaintiff but denies key allegations regarding proof of property ownership and notice of canceled checks. The defendant also files a counterclaim seeking 30,000 pesos in moral damages and 20,000 pesos in attorney's fees due to the plaintiff's allegedly unfounded suit.
This document is an answer with compulsory counterclaim filed by defendant Emilia A. Turillo in response to a civil case brought by plaintiff Ivy C. Aguas regarding specific performance and damages. The defendant admits some allegations of the plaintiff but denies key allegations regarding proof of property ownership and notice of canceled checks. The defendant also files a counterclaim seeking 30,000 pesos in moral damages and 20,000 pesos in attorney's fees due to the plaintiff's allegedly unfounded suit.
This document is an answer with compulsory counterclaim filed by defendant Emilia A. Turillo in response to a civil case brought by plaintiff Ivy C. Aguas regarding specific performance and damages. The defendant admits some allegations of the plaintiff but denies key allegations regarding proof of property ownership and notice of canceled checks. The defendant also files a counterclaim seeking 30,000 pesos in moral damages and 20,000 pesos in attorney's fees due to the plaintiff's allegedly unfounded suit.
This document is an answer with compulsory counterclaim filed by defendant Emilia A. Turillo in response to a civil case brought by plaintiff Ivy C. Aguas regarding specific performance and damages. The defendant admits some allegations of the plaintiff but denies key allegations regarding proof of property ownership and notice of canceled checks. The defendant also files a counterclaim seeking 30,000 pesos in moral damages and 20,000 pesos in attorney's fees due to the plaintiff's allegedly unfounded suit.
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The document outlines a civil case regarding specific performance and damages between Ivy C. Aguas and Emilia A. Turillo. The defendant, Emilia A. Turillo, files an answer and compulsory counterclaim in response to the plaintiff's complaint.
This is a civil case filed by Ivy C. Aguas against Emilia A. Turillo regarding specific performance and damages related to a property transaction.
In the compulsory counterclaim, the defendant alleges that the plaintiff's unfounded suit has caused the defendant to hire a lawyer and incur legal fees. The defendant also claims suffering and humiliation from the plaintiff's suit.
Republic of the Philippines
6th Judicial Region
Branch 13 Ipo-Ipo City, Aklan
IVY C. AGUAS, CIVIL CASE NO.9876
Plaintiff FOR: Specific Performance and Damages
EMILIA A. TURILLO, Defendant
ANSWER WITH COMPULSORY COUNTERCLAIM
NOW COMES the defendant in the above-entitled case, and to this
Honorable Court most respectfully alleges:
1. Defendant admits the averments in paragraphs 3 and 4 of the
complaint. 2. Defendant specifically denies the allegation in paragraph 5 of the complaint, the truth being that plaintiff has not duly proved her ownership as she failed to deliver the Original Certificate of Title of the subject property together with other pertinent documents and the Tax Declaration. 3. Defendant admits the averments in paragraph 6 and 7 of the complaint. 4. Defendant strongly denies the allegation in paragraph 8 but only in so far as to the lack of notice regarding the cancellation of the two (2) checks both amounting to ONE MILLION FIVE HUNDRED THOUSAND (1,500,000) PESOS in favor of the plaintiff. 5. Defendant denies the allegation in paragraph 10 as being false for the reason that there was no demand done by the plaintiff or any of her duly authorized representatives to recover the balance of the contract price as she rightfully knows that she failed to deliver one of the pertinent documents agreed upon to prove the ownership. COMPULSORY COUNTERCLAIM
6. By reason of the abuse of right committed by the plaintiff and 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 TWENTY THOUSAND (20,000) PESOS plus ONE THOUSAND FIVE HUNDRED (1,500) PESOS per court appearance. 7. Similarly, the plaintiff’s unfounded suit has caused the defendant suffering and humiliation for which the defendant claims moral damages in the amount of THIRTY THOUSAND (30,000) PESOS.
PRAYER
WHEREFORE, Defendant respectfully prays that judgment be
rendered in his favour by dismissing the complaint and granting
defendant’s counterclaim by awarding defendant: (a) THIRTY THOUSAND
(30,000) PESOS as moral damages, and (b) TWENTY THOUSAND
(20,000) PESOS as attorney’s fees.
Other just and equitable reliefs are prayed for.
Ipo-Ipo City, October 3, 2015.
ATTY. LEE JONG SUK
Counsel for the Defendant Kimchi Street, Zone 99 Bibimbap City IBP NO. 98123512 Attorney’s Roll No. 026716 Copy furnished:
ATTY. LOUISE NICOLE Z. ANDRADE
Counsel for the Plaintiff 4th Floor Sushi Building Maginhawa Street Ipo-Ipo City IBP NO. 99887766 Attorney’s Roll No. 112233 REPUBLIC OF THE PHILIPPINES ) PROVINCE OF AKLAN ) S.S IPO-IPO CITY )
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
I, SAHARA H. DUTERTS, of legal age, single, Filipino citizen and the
authorized representative of the defendant in the above entitled case, after being duly sworn to in accordance with law do hereby depose and say;
1. That I am the authorized representative of the defendant in
the above-entitled case; 2. That the defendant caused the preparation of the complaint and read the allegations contained therein and understood each of them to be true and correct of her own personal knowledge and beliefs and based on authentic documents. 3. That I further certify that defendant has not commenced any action or proceeding involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any court, tribunal or agency. 4. That should the undersigned learned hereafter of the filing or pendency of such action/s, I undertake to inform this HONORABLE COURT of said fact within five (5) days from knowledge therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 3
of October, 2015 at Ipo-Ipo City, Aklan.
SAHARA H. DUTERTS
SUBSCRIBED AND SWORN TO BEFORE ME, this 3 October,
2015, at Ipo-Ipo City, Aklan, Philippines.
ATTY. KITTY V. POSA
Notary Public Roll No. 334455/5-2-2000 IBP No. 980076/1-5-2013 MCLE Compliance No. IV-000159761-3/19/2011