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Defendants: Answer With Counterclaim

This document is an Answer with Counterclaim filed in response to a Complaint for recovery of possession of land. The defendant admits some allegations of the Complaint but denies intruding on the land, claiming to have stayed there as the brother of the owner. As a counterclaim, the defendant asserts that the Complaint tarnished his reputation and seeks moral and exemplary damages, as well as attorney's fees and court appearance honoraria. The defendant prays that the Complaint be dismissed and the requested damages be awarded.

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Urville Maliper
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233 views2 pages

Defendants: Answer With Counterclaim

This document is an Answer with Counterclaim filed in response to a Complaint for recovery of possession of land. The defendant admits some allegations of the Complaint but denies intruding on the land, claiming to have stayed there as the brother of the owner. As a counterclaim, the defendant asserts that the Complaint tarnished his reputation and seeks moral and exemplary damages, as well as attorney's fees and court appearance honoraria. The defendant prays that the Complaint be dismissed and the requested damages be awarded.

Uploaded by

Urville Maliper
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
REGIONAL TRIAL COURT
Tacloban City, Leyte

Alfonso de la Cruz, Civil Case No.:__________


Plaintiff
-versus- For: Recovery of Possession
With Prayer for Writ of Preliminary
Samuel Regalado and Attachment under Section 1(c),
Rafaela Regalado, Rule 57 of the Rules of Court

Defendants
ANSWER WITH COUNTERCLAIM

DEFENDANT, SAMUEL REGALADO, through the undersigned counsel, most


respectfully file his Answer in response to the Complaint of the Plaintiffs and interpose
as well his counterclaim against the latter, to wit:

1. Defendant admits the allegations of Paragraphs 2, 3, 6, and 12 of the


Complaint;

2. Defendant is without knowledge or information sufficient to form a belief as to


the truth of the averments contained in paragraphs 4, 5, 7, 9, 10, 11, 13, 16,
17, 18, 19, 20 and 21 of the Complaint, except that which pertains to the
possession amounting to intrusion;

3. Defendant claims that his possession of the subject land cannot be considered
as intrusion for he only stayed on the land and house built thereon as the
brother of the owner of the said land, and that he has no knowledge of any legal
matters involving its ownership.

COMPULSORY COUNTERCLAIM

Defendant further repleads his earlier averments, and by way of Counterclaim


further avers THAT:

Due to the filing of the Complaint, Defendant’s reputation have been tarnished, for
which reason, Plaintiff should be held liable in the sum of FIFTY THOUSAND PESOS
(P50,000.00) by way of moral damages;

By way of example and in the interest of public good so that others may be
deterred from filing a similar Complaint, Plaintiff should be held liable for exemplary
damages in the sum of TWENTY THOUSAND PESOS (P20,000.00);

In order to protect their rights and interests, Defendant was constrained to engage
the services of a lawyer whom they paid the sum of THIRTY THOUSAND PESOS
(P30,000.00) as Attorney’s fee plus FIVE THOUSAND PESOS (P5,000.00)
honorarium per court appearance.
PRAYER

WHEREFORE, on the basis of the foregoing, it is most respectfully prayed for that
the Honorable Court render judgement in favor of the Defendant by DISMISSING the
Complaint, and thereafter award to the Defendant the damages as set forth in the
Counterclaim.

Other reliefs just and equitable under the premises are likewise prayed for.

Respectfully Submitted. 14 June 2021, Tacloban City.

Atty. Romnick A. Canona


Notary Public for Tacloban City
Until December 31, 2022
IBP No. 12345; 5/10/2020, Tacloban City
PTR No. 54321; 5/10/2020, Tacloban
City
Roll of Attorney No. 2020-987654
MCLE Compliance No. III – 123789

The Clerk of Court


RTC - Tacloban City

Please submit to the Honorable Court the foregoing Answer immediately upon
receipt hereof for favorable action. Thank you.

ROMNICK CANONA

Copy furnished via registered mail:

ATTY. LOVELY MAE SABALBERINO


Sabalberino Law Office, Room 12, XYZ Building
6500, Tacloban City, Philippines

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