Republic of the Philippines

Fifth Judicial Region

REGIONAL TRIAL COURT
Branch 41
Daet, Camarines Norte

JULIO L. MABEZA & CIVIL CASE NO. 8457

AMELITA HORGAN,
represented by their
Attorney-in-fact SALVE D. MABEZA
Plaintiffs,

-versus-

MARISSA R. REMEGIO, FOR: CANCELLATION OF KASUNDUAN

SPOUSES ALFREDO A. MABEZA (REAL ESTATE MORTGAGE) WITH
& CERENA “AIZA” MABEZA PRAYER FOR PRELIMINARY
Defendants, INJUNCTION, TRO, & DAMAGES
x-----------------------------------------x

ANSWER
(WITH COMPULSORY COUNTERCLAIM)

DEFENDANT MARISSA R. REMIGIO, by the undersigned counsel and

unto this Honorable Court, respectfully submits her Answer to the Complaint
and states that:

1. Paragraph 1 of the Complaint is denied for lack of knowledge;

2. Paragraph 2 of the Complaint is admitted only insofar as defendant

Marissa Remegio’s personal circumstances is concerned with slight
modification that her complete address is Purok 3, Brgy. Sto. Domingo,
Vinzons, Camarines Norte. The rest of the averments in paragraph 2 is
denied for lack of knowledge;

3. Paragraph 3 of the Complaint is denied for lack of sufficient knowledge on

the matter;

4. Paragraph 4 of the Complaint is admitted only insofar as the first sentence

is concerned. The second sentence is denied because the truth of the
matter is, it was plaintiffs who went to defendant Marissa Remegio’s house

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 to sign the Kasunduan and not as mere witnesses but as bona fide parties
to it.

Defendant also denies for lack of knowledge paragraph 4 insofar as it

alleges the whereabouts of Amelita Horga for the entire duration of year
2014.

Defendant further denies paragraph 4 insofar as it alleges there was

community of design between defendant-spouses Alfredo A. Mabeza and
defendant Marissa Remigio. In truth, defendant Marissa Remigio was not
with defendant-spouses Alfredo A. Mabeza when he allegedly obtained the
owner’s copy of TCT No. CLOA T-6645 from its custodian Rowena Mabeza.
Said title was only given to defendant Marissa Remigio.

The last sentence of paragraph 4 is likewise denied for lack of knowledge;

5. Paragraph 5 of the Complaint if denied because the truth of the matter is,
while it was true that defendant Marissa Remigio went to plaintiff Julio
Mabeza’s residence, she did so only to remind Julio to pay his
indebtedness since five years had already passed;

6. The first sentence and first reason stated in Paragraph 6 is denied because
the Kasunduan undoubtedly shows the signatures of herein plaintiffs and
said document being notarized, it enjoys the presumption of regularity,
genuineness and due execution.

The second reason stated in Paragraph 6 is also denied for lack of

knowledge as the whereabouts of Amelita Horgan.

The third reason stated in Paragraph 6 is likewise denied because the

notarized Kasunduan enjoys the presumption of regularity, genuineness
and due execution.

The fourth reason stated in Paragraph 6 is denied because plaintiffs had

strong motive to obtain a loan from herein defendant as Julio Mabeza’s
grandson needed to undergo surgery in his stomach;

The fifth stated reason in paragraph 6 is denied since in truth, the title
was turned over to Marissa Remigio in the presence of Julio Mabeza;

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 The sixth stated reason in Paragraph 6 is denied because the truth of the
matter is, defendant Marissa Remigio herself handed the money to Cerena
“Aiza” Mabeza who in turn counted it and gave it to defendant Julio
Mabeza. Moreover, the notarized Kasunduan itself is the best evidence of
plaintiffs’ indebtedness;

7. Paragraph 7 of the Complaint is admitted;

8. Paragraph 8 of the Complaint is denied for lack of knowledge on the

matter;

9. Paragraph 9 of the Complaint is denied for lack of knowledge on the

matter;

10. Paragraph 10 of the Complaint is denied for lack of all the required
elements for the issuance of

AFFIRMATIVE DEFENSES

The foregoing allegations are hereby re-pleaded and defendant further

aver the following:

11. The plaintiff has no cause of action against defendant because in fact and
in truth, plaintiffs indeed went to defendant Marissa Remigio’s house and
then and there signed the Kasunduan after receiving the sum of money
from defendant. It was also there that the owner’s copy of the title, as
security, was surrendered to herein defendant, in the presence of plaintiff
Julio Mabeza.

12. That plaintiff Julio Mabeza signed the Kasunduan with full knowledge and
comprehension that he is doing so not as mere witness but as a bona fide
debtor/mortgagor.

13. That in 2017, defendant Marissa Remigio visited Julio Mabeza to remind
him to settle his obligation as evidenced the their notarized Kasunduan.

COMPULSORY COUNTERCLAIM

14. By way of counterclaim, defendant Marissa Remigio asserts that herein

plaintiffs owe her a sum of money in the amount of P780,000.00 pesos

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 representing the principal amount of their loan plus accumulated interest
and hereby demands that said amount be paid by plaintiffs;

15. Considering that defendant Marissa Remigio also suffered anxiety,

sleepless nights and mental anguish over the filing of this baseless suit,
the plaintiff must be ordered to pay defendant the amount of P50,000.00
as moral damages;

16. With the evident bad faith of plaintiffs, they should likewise be made to
pay exemplary damages in an amount to be determined by this Honorable
Court;

17. Lastly, in view of the filing of this unfounded case, defendant was forced
to litigate, hence, plaintiffs must be ordered to pay attorney’s fees in the
amount of P30,000.00 plus P2,000.00 appearance fee per hearing.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court, that after notice and hearing, the instant case be DISMISSED
for lack of cause of action and lack of merit, or alternatively, after trial on the
merits, to decide for the defendant and against the plaintiff and order the latter
to pay damages as abovementioned and reimburse defendant of all the expenses
that she incurred as a consequence of the filing of this case.

Other reliefs just and equitable under the premises are likewise being
prayed for.

Respectfully submitted.

Daet, Camarines Norte. 07 February 2020.

ATTY. RONALD A. RAMOS

Counsel for Defendant Remigio
Attorney Roll No. 65761
PTR No. 4050558/12.09.19/DCN
IBP Lifetime No. 019185
MCLE Comp. Cert. No. VI-0003438

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 Office Address:
95 Vivencio St., Barangay II
Daet, Camarines Norte

Copy furnished:

ATTY. BONIFACIO T. BARANDON, JR.

Counsel for Plaintiffs
Central Plaza Complex
Trader’s Road corner Shopper’s St.
Brgy. Lag-on, Daet, Camarines Norte