REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 63
La Trinidad, Benguet
SPS. NOEL & LOLINA TIAGO,
Plaintiff,
- versus -

Civil Case No. 2K-CV-1447

TERESITA CANTORES, ET AL.,

Defendants.
X------------------------X

ANSWER
DEFENDANTS, through counsel, answering plaintiffs complaint, alleges:
1. That except for the personal circumstances referring to defendants, the
rest of the averments in paragraph 1 of complaint is hereby DENIED for
lack of information or knowledge sufficient to form a belief as to its
truth;
2. That except for defendant ANA C. TELLO who has no participation
whatsoever in the execution of said Deed of Transfer of Rights and
Improvements Over a Parcel of Unregistered Land, the rest of

the

answering defendants ADMIT the averments in paragraph 2 of

complaint;
3. That except for defendant ANA C. TELLO who has no knowledge to
form a belief as to the truth of the averments in paragraph 3 of
complaint, the rest of the defendants ADMIT the allegations thereof;
4. Defendants specifically DENY the allegations contained in paragraphs
4, 5, and 6 of the complaint, the fact being that which is herein below
set forth in defendants affirmative defense and counterclaim;
5. That defendants have no knowledge or information sufficient to form a
belief as to the truth of the averments contained in paragraphs 7, 8
and 9 of the complaint; and as
AFFIRMATIVE DEFENSE

1. That,

at

the

time

the

Deed

of

Transfer

of

Rights

and

Improvements Over a Parcel of Unregistered Land (Annex A of

complaint) was entered into on 12 November l999, Plaintiff and
defendants entered into an explicit understanding and have
agreed to a collateral agreement that while the contract
consideration of said deed is in the face value of P315,000.00,
plaintiff shall buy the real property at a higher consideration to
include capital gains tax, transfer tax, documentation fees and
other legal fees,

which amount shall be agreed later after

execution of the contract;

COUNTERCLAIM
1. That Plaintiff had already tendered an initial consideration in the
amount of P235,000.00, but suddenly changed their minds,
reneged on

their agreement with defendants to negotiate

further for the remaining consideration of the real estate being

sold, prompting defendants to initially ventilate this case with
the Barangay of Wangal, La Trinidad, Benguet, but Plaintiffs
refused to conciliate.
2. The when defendant MARIA TERESA CANTORES was sent to
negotiate for the remaining balance of consideration of sale, she
was maltreated, slapped on her face and shouted upon with
scurrilous ephitets by Plaintiff, aside from other scurrilous
shouting she earlier received from Plaintiff, prompting said Maria
Teresa Cantores to ventilate this case with the Barangay of Pico,
La Trinidad, Benguet, but Plaintiff refused to conciliate.
3. That by reason of said defamatory utterances, the worst, the
maltreatment they received from plaintiffs, defendants were
morally shocked and have been subjected to mental anguish,
social humiliation, besmirched reputation and public ridicule and
have suffered moral damages valued in the amount of not less
than P100,000.00;
4. That in recognition and vindication of defendants right, plaintiff
should be sentenced to pay plaintiff nominal damages valued in
an amount of not less than P50,000.00;

5. That to deter Plaintiff from further violating others rights,

plaintiffs should be sentenced to pay exemplary damages to
defendants valued in the amount of no less than P50,000.00;
6. That due to the bad faith shown by Plaintiffs in entering into the
contract, maltreating, debasing and humiliating defendants, and
filing this unfounded case, defendants were forced to litigate,
hence, they engaged the services of counsel whom they agreed
to pay P30,000.00 as Attorneys fees plus P1,500.00 appearance
fee for every record court appearance.

PRAYER
WHEREFORE, in view of the foregoing, defendants humbly
pray to this Honorable Court, after due hearing, to adjudge Plaintiff
to pay defendants the following:
1. Sentencing Plaintiff to pay defendants moral damages valued in
an amount of not less than P100,000.00;
2. Sentencing Plaintiff to pay defendants exemplary damages
valued in an amount of not less than P50,000.00;
3. Sentencing Plaintiff to pay defendants nominal damages valued
in an amount of not less than P50,000.00;
4. Sentencing Plaintiff to pay defendants P30,000.00 as Attorneys
fees plus P1,500.00 appearance fee for every record court
appearance; and
5. Sentencing Plaintiff to pay the cost of suit;
Other reliefs just and equitable are likewise prayed for.
Baguio City for La Trinidad, Benguet, this 21 st day of September, 2011.
RHEINA B. LAPEA
Counsel for the Defendants
B-319, 3/F, Lopez Building
Session Road, Baguio City
Roll No. 60885
PTR No. 1641702, 01-02-11, B.C.
IBP No. 643425, 01-02-11, B.C.
3

MCLE Compliance No. III 0003991-June 22, 2010

Copy Furnished:
ATTY. ALFREDO B. SANTOS, JR.
MOLINTAS, MOLINTAS LAW OFFICES
2/F C&A Park Manor Bldg.,
Km. 5, La Trinidad, Benguet

REPUBLIC OF THE PHILIPPINES)

) SS.
DONE: IN THE CITY OF BAGUIO)
X------------------------X

VERIFICATION
MA.TERESA CANTORES, after having been duly sworn to in accordance
with law, hereby depose and state:
1. That she is one of the defendants in the above-entitled case;
2. That she caused the preparation of the foregoing pleading and to
the best of her knowledge all the foregoing allegations are true;
MA. TERESA CANTORES
Affiant
SUBSCRIBED AND SWORN to before me this 21 st day of September,
2011. Affiant having exhibited to me her Social Security System Identification
Card bearing No. 03094507, issued on November 12, 2009 issued at Baguio
City.

Doc. No. 22;

Page No. 5;
Book No. II;
Series of 2011.

RHEINA B. LAPEA
Notary Public
N.A. No. 33-NC-05 (R)
Commission expires on December 31, 2011
R.O.A. No. 60885
PTR No. 1641702, 01-02-06, B.C
IBP No. 643425, 01-02-06, B.C.
B-319, 3/F, Lopez Bldg., Session Rd., Baguio City