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-versus- CIVIL
For: Specific Performance



DEFENDANT, by the undersigned counsel, respectfully


1. Herein defendant admits the allegations in paragraphs

1,2,3,4, and 5 of the Complaint.

2. Herein defendant specifically denies the allegations in

paragraph 6 and 7 of the Complaint, the truth thereof being on the
day that herein defendant, through her atty-in-fact, Atty Joven S.
Joya, executed said Sale and Purchase Agreement oner of Attorney
in favour of , authorizing the latter, as follows:

“ 1. Authorizing hime to represent negotiate,

acquire and transact with Olivia Asia and Rowena
Rodis pertaining to the two parcels of land located
at Barangay Tarique, Gen. Trias Cavite particularly
describe as follows

2. Authorizing him to represent, negotiate,

transact, and process all papers in the Regional
Trial Court, Branch 23, Trece Martirez City;
Register of Deeds; Assesor’s Office, and the
Bangko Sentral ng Pilipinas in connection with its

3. Authorizing him to look for buyers and/or

investor and to represent, negotiate and transact

with buyers/investors pertaining to the sale of the
above properties.

4. To sign for in my behalf the Reservation

Agreement, Deed of Restrictions, Turn- Over
Agreement, and other related documents, for this
purpose, including the Authorization and Waiver
required by MERALCO or any other power
company in connection with the application for
supply of electricity to the aforementioned

5. To secure and/or receive the copy of the Deed

of Absolute Sale and the Transfer Certificate of
Title for and in my/our name including any all
documents that may be issued relative to the
property described above;

6. To receive payment in check on my behalf;

7. To sign/do and perform all acts which is

necessary and proper to attain the foregoing.“

2.1 That herein defendant purposely executed said SPA so

that she could free herself from these legal issues and let Atty. Joya
and the plaintiff work hand in hand in complying or settling these
legal issues or problems. This was the understanding between herein
defendant, Aand the plaintiff. The photocopy of the SPA is attached
as Annex “1”

2.2. Any unsettledand the plaintiff is no longer attributable to

herein defendant. They should be blamed for whatever mistakes
they have done why up to now said UNDERTAKINGS have not yet
been complied with.

3. That herein defendant specifically denies the allegations

in paragraph 8 and 9, the same being UNTRUE and concocted lies.
Herein defendant has never been negotiating with any other party in
relation with the subject property. She remains true to her words
stated in the subject Sale and Purchase Agreement.

4. Herein defendant specifically denies the allegations in
paragraphs 10 and 11 of the Complaint for she has no personal
knowledge as to the truth thereof. The truth being those stated in the
Special and Affirmative Defenses.

5. Herein defendant specifically denies the allegation in

paragraphs 12 and 13 of the Complaint because she has no personal
knowledge as to the truth thereof, the truth being those alleged in
the Special and Affirmative Defenses.


6. It is true that herein defendant entered into the Purchase

and Sale Agreement under the following Manner and Terms of

a. P 1,000,000.00 payable to

b. P 4,142

c. The balance of P 8,665,250.00 shall be paid to the

seller upon compliance of all requirements as stated
in the Agreement.

7. The P 4,142,250.00 Manager’s Check, however, remains

outstanding and un-encashed from the bank due to the unexplained
failure of Atty. Joven S. Joya and the plaintiff for not able to redeem
the property from BSP up to this time, without the fault of herein

8. Herein defendant, through SPA, had given Atty. Joya and

plaintiff all the time, freedom and discretion in their own sweet time
but they appear to have NOT accomplished anything.

9. The plaintiff should suffer the consequences of such

mistakes and shortcomings done by Atty. Joya and him.

10. By virtue of this baseless suit, herein defendant was

constrained to hire the services of the undersigned legal counsel for
an attorney’s fee of P 100,000.00 and per appearance fee of P
3,500.00, which amount/s should be charged against the plaintiff.

11. By virtue of this baseless suit, herein defendant suffered
sleepless nights, besmirched reputation, mental anguish, serious
anxiety and similar sufferings for which the plaintiff should be held
liable to pay defendant the amount of P 250,000.00 by way of moral

WHEREFORE, premises considered, it is most respectfully

prayed that after due notice and hearing, judgment be rendered as

1. Ordering the complaint dismissed.

2. Ordering the plaintiff to pay P 100,000.00 as Attorney’s
fee and appearance fees of P 3,500.00
3. Ordering the plaintiff to pay defendant moral damages of
P 250,000.00
4. Ordering the plaintiff to pay the costs of suit.

Defendant further prays such other reliefs that are just and
equitable under the premises.


Copy furnished:


In compliance with Section 11, Rule 13 of the 1997 Rules of Civil

Procedure, counsel respectfully manifests that service of the above
Reply is done by registered mail, personal service is not being
practicable at the present time for lack of manpower.