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Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region

Branch 1

Mandaue City

JOY ABBA,

Petitioner,

CIVIL CASE NO. 123

-versus- For: Judicial

Partition

FAITH ABBA,Respondent

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

ANSWER

Defendant through counsel respectfully states

that:

1. She admits paragraph 1 of the

complaint.

2.

She admits paragraph 2 of the

complaint.

3. She admits paragraph 3 of the

complaint.

4. She admits paragraph 4 of the

complaint.

5. She admits paragraph 5 of the

complaint.

6. She admits paragraph 6 of the complaint

only in so far as the persistent demand

of the plaintiff to partition said

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property but denies the averment that

plaintiff is proposing to divide the

lot into two equal parts, the plaintiff

never took into consideration the

quality and situation of the lot which

plaintiff intends to give to the

respondent. The said lot is at the edge

of a cliff which is more prone to

landslides thus of lesser value.

7. She admits paragraph 7 of the

complaint.

8. She admits paragraph 8 of the

complaint.

9. She admits paragraph 9 of the

complaint.

10.

She denies paragraph 10 of thecomplaint for lack of knowledge or

information sufficient to form a belief

as to the veracity thereof.

11. She denies paragraph 11 of the

complaint for lack of knowledge or

information sufficient to form a belief

as to the veracity thereof.

AFFIRMATIVE DEFENSES

12. Since the portion to be given by

plaintiff to respondent is unusable

and would prejudice the interest of the

latter if such partition is granted,she may justly refuse such oral

partition proposed by plaintiff.

Consequently, this case should be

dismissed for failure of petitioner to

state a cause of action.

COMPULSORY COUNTERCLAIM

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The defendant hereby reproduces the averments

in the preceding paragraphs hereof for the purpose

of this compulsory counterclaim:

13. By virtue of this baseless and

malicious suit initiated by the

plaintiff, defendant was forced to hire

the services of engage counsel in the

sum of Php10,000.00. For all her

financial and emotional sufferings, the

defendant seeks the court to declare

favorable reliefs against theplaintiff: including (i) Php10,000.00

for exemplary damages; (ii) Php

10,000.00 for moral damages; Php

10,000.00 for attorneys fees; (iv)

Php25,000.00 for litigation expenses;

and (v) cost of suit.

PRAYER

In light of the foregoing facts, it is

respectfully prayed of the Honorable Court to

dismiss complaint, and grant defendants

counterclaim by ordering the plaintiff to pay the

following:

1. Php 10,000.00 for exemplary damages;

2. Php 10,000.00 for moral damages;

3. Php 10,000.00 for attorneys fees;

4. Php 25,000.00 for litigation expenses;

5. Cost of Suit.

Other equitable forms of relief under the

circumstances are also prayed for.

Done on September 8 20, 2013, in Mandaue City,

Cebu Philippines.

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Atty. Catherine S. Rubi

Counsel for Plaintiff

Mango Avenue, Cebu City,

Philippines 6000

ROLL NO. 12345

PTR No. 123456 (01-01-02)

IBP No. 123456 (01-01-02)

MCLE Compliance No. 123456