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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
Branch 36, Santiago City

JUAN MATABA, JUANA MATABA


Plaintiffs,
CIVIL CASE NO.:2014-03
-versus-

FOR: SPECIFIC PERFORMANCE


AND BREACH OF CONTRACT

SANTA MONICA REALTY AND


DEVELOPMENT CORPORATION,
represented by NELSON VIDASCO
as MANAGER
Defendant.
x-----------------------------------x

ANSWER
DEFENDANT, by counsel, most respectfully submit his Answer to
plaintiffs complaint unto this Honorable Court and in support aver that:
1. Defendant admits the allegations contained in paragraph 1, 2 and 3 of the
complaint.
2. Defendant is without knowledge or information to form a belief as to the
truth of the allegations in paragraph 4 of the complaint.
3. Defendant admits the allegations in paragraph 4 of the complaint except
plaintiffs false assertion that they paid Php.10, 000.00 as reservation fee.
The defendant just agreed to reserve 2 lots for the plaintiff without collecting
a reservation fee because of the plaintiffs were referred to him by his close

friend. The defendant advised the plaintiff on the consequences as stated in


paragraph 3 of this answer where the plaintiffs agreed.
4. Defendant vehemently denies under oath the allegations in paragraph 5 of
the Complaint; a true and correct copy of the agreement is attached hereto as
Annex A. Under the terms it has been agreed by the parties that in the event
that the plaintiff defaults in paying for one year, the lots will be sold to other
buyer. In the event that the plaintiffs decide to continue their payment they
will be given another lot not of their choice. The plaintiff agreed to the same.
5. The Defendant admits the allegations in paragraph 6 of the complaint but
considering the terms of the contract, reimbursement of the amount paid by
the plaintiffs is improper.
6. Defendant admits the allegations in paragraph 7 but the defendant notified
the plaintiffs regarding the matter, that if they will not settle their obligations
the defendant will now sell the subject lots to other buyer. The defendant
agreed to sell the lots to other buyer.
7. The defendant offered lots with the same sizes and values same as the
plaintiffs prior choice.
AFFIRMATIVE DEFENSE
8. The instant Complaint lacks cause of action against the defendants. It is very
apparent that no rights have been violated nor any wrong was committed by
defendants against plaintiffs.
COMPULSORY COUNTERCLAIMS
9. Defendant hereby restates and repleads all the allegations in the preceding
paragraphs by way of reference and incorporation;

10. As a consequence of the malicious and wrongful filing of this entirely


baseless and unjustified action, Defendant had suffered sleepless nights,
mental anguish, serious anxiety, severe stress, wounded feelings, besmirched
reputation and social humiliation for which Plaintiff should be made liable
for moral damages in the total amount of one hundred thousand pesos
(P100,000.00);
11.In instituting this unwarranted and clearly unfounded suit against the
Defendant, Plaintiff had acted in a wanton, fraudulent, reckless and
malevolent manner and, by way of example or correction for the public
good, Plaintiff should be made liable to pay Defendant exemplary damages
in the total amount of one hundred thousand pesos (P100,000.00);
12. As a further consequence of the malicious and wrongful filing of the
present action, Defendant was constrained to hire the services of counsel for
a legal fee of fifty thousand pesos (P50, 000), plus one thousand five
hundred pesos (P1,500.00) per court appearance, and to incur expenses of
litigation for which plaintiff should be made to pay.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed
that after hearing on the merits, this Honorable Court issue an Order:
1. Dismissing the Complaint in toto for utter lack of merit;
2. Granting moral damages in favor of the Defendant in the amount
of one hundred thousand pesos(P100,000.00);
3. Granting exemplary damages in favor of the Defendant in the
amount of one hundred thousand pesos(P100,000.00);

4. Granting defendant's claim for attorney's fees in the amount of fifty


thousand pesos (P50,000.00) plus one thousand five hundred pesos
(P1,500.00) per court appearance, and the amount of litigation
expenses as may be proved during trial.
5. Defendant respectfully prays for such other reliefs as may be just and
equitable in the premises.

Santiago City, Philippines, this 14th day of February, 2014.

MELODY
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:S.C.
IBP No, 693095:1-04-07:S.C.
MCLE No. 6877900
Roll No. 42481:5-10-97
Rm. 4 2/F Heritage Building
Malvar, Santiago City
CP #: 0926-975-0579
E-mail address: melody_mangaoil@yahoo.com
VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING
I, the undersigned after being sworn to in law, hereby depose and say:
That I caused for the preparation of the same and that all the allegations
contained thereon are true to our knowledge and belief;
That I have not commenced any action or filed any claim involving the same
issues in any court, Tribunal or quasi-judicial agency and to the best of my
knowledge, no such actions in pending thereon; and if we should thereafter learn
that the same or similar actions has been filed or pending, we shall report the fact
within FIVE (5) days therefrom to the court wherein this complaint is filed.

Witness my hand this 14th day of February 2014 in Santiago City.

NELSON VIDASCO
SUBSCRIBED and SWORN to before me this 14th day of February, 2014
in Santiago City.
I SET MY HAND AND NOTARIAL SEAL
JIZEL
Notary Public
PTR No. 18909595:1-04-07:S.C.
IBP No, 693095:1-04-07:S.C.
MCLE Exemption No.67880
Roll No. 42481:5-10-97
Rm. 4 2/F Heritage Building
Malvar, Santiago City
CP #: 0917-567-8905
E-mail address: jizel@gmail.com

Doc. No. 111;


Book No. 20
Page No. 5
Series of 2014