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Republic of the Philippines

Municipal Trial Court


Branch 1
Iligan City

MASHA ROSTOVA
Plaintiff,

Civil Case no; 1234


For: Unlawful Detainer

- versusJEMMA SIMMONS
Defendant,
x------------------------------------------x

ANSWER
(With COUNTERCLAIM)
The Defendant, by counsel, respectfully states that;
ADMISSIONS/DENIALS
1. Paragraph 1 of the Complaint is admitted
2. Paragraph 2 & 3 of the Complaint are denied for lack of knowledge and
information sufficient to form a belief as to the veracity or falsity of the alleged
value of the property. The said paragraphs is likewise denied insofar as it alleges
the defendant has no justification to occupy the subject property and her right to
repurchase, the truth being those alleged in the special and affirmative defences
part herein below.
3. Paragraph 4-7 of the Complaint are denied for lack of knowledge or
information to form a belief as to the veracity or falsity thereof, the allegations
therein being matters known only to, and are within the control only of the
plaintiff.

4. Paragraph 8 of the Complaint is denied for lack of knowledge and


information sufficient to form a belief as to the veracity or falsity of the alleged
amounts of attorneys fees agreed upon between the plaintiff and her lawyer.
AFFIRMATIVE DEFENSES
5. Defendant reiterates, repleads and incorporates by reference all the
foregoing insofar as they are material and additionally submit that the complaint
should be dismiss because;
5.1 The defendant acquired the property from Sameen Shaw by virtue
of Deed of Sale.
5.2 The plaintiff did not acquire ownership of the property because the
contract entered between them is in the nature of an equitable
mortgage and not an absolute deed of sale.
5.3 The consideration was inadequate compared to the value of the
property with improvements which is Three Million pesos
(P3,000,000);
5.4 The defendant has been paying the real property taxes on the
property;

former
the owner

5.5 The three-month period referred to by the plaintiff is the period


where the defendant obliged to repay the latters loan to the
and so despite the expiration, the plaintiff did not become
of the property.
COUNTERCLAIM

6. Defendant reiterates, repleads and incorporates by reference all the


foregoing insofar as they are material and additionally submit that she is entitled to
relief arising from the filing of this malicious and baseless suit, as follows;
6.1 Moral damages amounting to Eighty thousand pesos (P80,000)

vindicate

6.2 Attorneys fee amounting to Seventy Thousand pesos (P70,000)


because she was compelled to secure services of counsel to
her legal right

WHEREFORE, Defendant respectfully prays that judgment be rendered in


her favour by dismissing the complaint and granting the defendants counterclaim
by awarding defendant; a) Eighty Thousand pesos (P80,000) for Moral damges,
and b) Seventy Thousand pesos (P70,000) as attorneys fee.
Other just and equitable reliefs are also prayed for.
Iligan City, November 10, 2015
Atty. Hafsah M. Dimaronsing
Counsel for the Plaintiff
PTR no. 45187-425
IBP no. 9831-52636
Roll no. 9642
Tibanga, Iligan City
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, Jemma Simmons, of legal age, do hereby state that I have caused this
complaint to be prepared, I have read its contents and affirm that they are true and
correct to the best of my own personal knowledge, I hereby certify that there is no
other case commenced or pending before any court involving the same parties and
the same issue and that, should I learn of such case, I shall notify the court within
five (5) days from notice.
IN WITNESS WHEREOF, I have signed this instrument on November 10,
2015
Jemma Simmons
Defendant
SUBSCRIBED AND SWORN TO before me in the City of Iligan on this
5 day of November 2015, affiant exhibiting before me his passport no. EB 154651
issued on 30 July 2010 at Iligan City.
th

(sgd) Tario
Notary Public
Until 2016
PTR No. 1548545

Issued at Iligan City


On November 5, 2015
Doc No. 3652
Page No. 285
Book No. 45
Series of 2015
Copy furnished through personal service;
Atty. Amirah-Zaima Ali
Counsel for the Plaintiff
Ali & Ali Firm
Mahayahay, Iligan City