Republic of the Philippines

MUNICIPAL TRIAL COURT OF SIBULAN

Seventh Judicial Region
Province of Negros Oriental


CHOCO MARTIN
Plaintiff,
CIVIL CASE NO.
12368
-versus- For: EJECTMENT

VELVET BELLZ
Defendant,

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


ANSWER WITH COUNTERCLAIM

NOW COMES the defendant in the above entitled case, and to this Honorable Court
most respectfully alleges:

1.) Defendants deny the allegations stated in paragraph 5 of the complaint. The
truth of the matter being that no written nor oral demand was ever reached by
the plaintiff to the defendants;

2.) Defendants resolutely maintain that no earnest efforts towards an amicable
settlement were conducted between the parties. She was surprised to find out
that the instant case was filed by the plaintiff and that inappropriate and
dishonest measures were undertaken which evidently showed plaintiff's
ungratefulness and greediness towards defendant, who is the former's sister;

3.) Furthermore, the complaint merely alleges that defendant is liable to pay
plaintiff for rentals and attorney's fees. No damages were prayed for, more so,
the operative or constructive facts making up the pleaded cause of action for
damages were not stated in the complaint for which no credit should likewise be
given thereto;

By way of COUNTERCLAIM, the foregoing paragraphs are herein repleaded and
reproduced insofar as they are herein relevant, material and significant;

4.) As a result of this present controversy, defendant was compelled to stay at
the Philippines for a period of time and as a result lost her employment in
Japan. Defendant receives a monthly equivalent of Forty Thousand Pesos
(P40,000.00) a month as salary from her employment for which the plaintiff
must be required to pay by way of actual damages. A copy of the Certificate of
Possible Salary Payment, the Withholding Exemption Certificate of Earned
Income, and the Incumbency Certificate of the defendant are herein attached
and made an integral part of this Answer with Counterclaim;

5.) By reason of this baseless complaint, defendant suffered and continuously
suffers sleepless nights, serious anxiety and other similar sufferings from which


entitles her to the recovery of damages in such amount as this Honorable Court,
in its wise and sound discretion, may determine;

6.) Also, by way of example or correction for the public good, in addition to the
moral damages, defendants herein are duly entitled for the payment of
exemplary damages in such amount, as this Honorable Court, in its wise
discretion, may determine;

7.) Lastly and by reason of the baseless and unfounded complaint, defendant
was constrained to litigate this case and in order to protect their rights and
interests was constrained to engage the services of counsel whom she was
obligated to pay the amount of Fifty Thousand Pesos (P50,000.00).


PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this
Honorable Court to dismiss the instant complaint, as to the counterclaim, after due hearing
be ordered to pay the defendant, VELVET BELLZ, the following amounts:

a.) Forty Thousand Pesos (Php 40,000.00) respecting the monthly income lost by
the defendant from her employment in Japan;

b.) Moral and Exemplary damages in such amount as determined by this
Honorable Court;

c.) Attorneys fees in the amount of Fifty Thousand Pesos (P50,000.00).

Other reliefs just and equitable are likewise prayed for.

Sibulan, Negros Oriental, Philippines, July 22, 2014.


PRECIOUS EDLYN L. BENIGAY
Attorney for the Defendant
Benigay and Benigay Law Offices, 4th Floor - Portal
West
Hibbard Ave., Dumaguete City, Negros Or.,
Philippines
IBP No. 747383; 09/03/2012; Quezon City
PTR No. 747848; 09/07/2012; Quezon City
Roll of Attorneys No. 3434543
Doc. No. ____
Page No. ____
Book No. ____
Series of 20___



Copy Furnished:
1. Atty. Gracelyn Bellingan
#98 Agan-an, Sibulan
Negros Oriental
REPUBLIC OF THE PHILIPPINES )
Province of Negros Oriental ) S.S.


Municipality of Sibulan )
x------------------------------------------x


VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, VELVET BELLZ, of legal age, Filipino, single, and a resident of #178 Cangmating,
Sibulan, Negros Oriental, Philippines, after being sworn to in accordance with law, hereby deposes
and certifies that:

(a) I am the Defendant in the above-entitled case;
(b) the facts stated in the above petition are true and correct to the best of my knowledge
and authentic records;
(c) I have not theretofore commenced any other action or proceeding or filed any claim
involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to
the best of my knowledge, no such action or proceeding is pending therein; and
(d) if I should thereafter learn that the same or similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-
judicial agency, I undertake to report such fact within five (5) days therefrom to the court
or agency wherein the original pleading and sworn certification contemplated herein have
been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this January 10, 2014 at
Dumaguete City, Philippines.


VELVET BELLZ
Affiant


SUBSCRIBED AND SWORN to before me, this 22nd day of July, in the Municipality of
Sibulan, Province of Negros Oriental, Philippines, with affiant exhibiting to me as a competent
proof of identity her Philippine Passport with Passport No. EBWH9876, issued on January 1, 2010
at Cebu City, Philippines.


ANGELITA MAJUMPANDAN
Notary Public
Commission Serial No. 4374834
Until November 31, 2018
Roll of Attorneys No. 2345734
IBP No. 98765; February 2, 1999; Quezon City
PTR No. 87654; February 8, 1999; Quezon City
Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.