Republic of the Philippines National Capital Judicial Region

REGIONAL TRIAL COURT

B anch !"# $anila %IL&ON G' C(UA# doing business unde the na)e and st*le %IN $ULTI RIC( BUIL+ER&# Plaintiff, Ci,il Case No' "-./01234 -versus5OR6 &U$ O5 $ONE7 and +A$AGE& &P&' LO%ELL and EL8IRA TANGI# Defendants. x------------------------------------------------x

AN&%ER
9ith COUNTERCLAI$
+E5EN+ANT &POU&E& LO%ELL TANGI and EL8IRA TANGI, through undersigned counsel, to the Honorable Court, most respectfully avers the following: 1. Defendant spouses are Filipino citizens, of legal ages, married to each other, and may be served with notices and other court processes at o! "#$%-"#&" '! (uazon )treet, )ampaloc, *anila! 2. Defendants admit that they engaged the services of herein plaintiff, *r! +ilson Chua who is doing business under the name and style of +in *ulti ,ich -uilders for the purpose of the construction of their . storey with dec/ residential house located at o! "#$%-"#&" '! (uazon )treet, )ampaloc, *anila where defendants are now residing! (he agreement was reflected on the )ervice Contract dated *arch "&, 011$ entered into by the parties hereto attached as 2nnex 3"4! 3. Defendants li/ewise admit that the initial 5uotation for the said construction given by plaintiff to the defendants was in the estimated amount of (wo *illion 6ight Hundred Fifty (housand 7esos 87hp0,9#1,111!11: which is payable thru progress billing and with a down payment of .1; of the aforesaid contract price! (he construction was agreed to be completed within "#1 wor/ing days which the plaintiff affirmed to be possible! Copy of said 5uotation dated *arch .1, 011$ is hereto mar/ed as 2nnex 304! 4. 2fter defendant spouses secured all the re5uired permits and paid all government fees and after the tender of the

.1; agreed down payment to the plaintiff, the latter commenced the aforesaid construction upon the issuance of a -uilding 7ermit with o! %9$<#$#< 82nnex 3.4: and =fficial ,eceipts 82nnexes 3<4 to 3<->4:! (he construction started on 2pril "0, 011$ and expected to be complete and ready for occupancy on the second wee/ of )eptember! 5. Due to some defects in the construction, sometime in >uly 011$, defendants re5uested for additional finishing wor/s for additional contract price of =ne *illion Four Hundred )even (housand 7esos ? "1@"11 87hp",<1&,11&!.1: and plaintiff again furnished the defendants a copy of the aforesaid 5uotation is hereto mar/ed as 2nnex 3#4! 6. Defendant li/ewise admits that sometime in 2ugust 011$, they again re5uested for additional ground floor extension for an additional contract price of (wo Hundred (hirty-=ne (housand (hree Hundred )ixty-Four ? %#@"11 87hp0.",.$<!%#: as reflected on the 5uotation furnished by the plaintiff to the defendant and hereto attached as 2nnex 3$4! (his re5uest of additional ground floor extension was due to the defect in the construction done by the plaintiff and his wor/ers for non-compliance with the proAect plan previously agreed by the parties! 7. Bt is also worth noting to raise the observation that despite the short duration of time frame left to finish the construction, the progress of construction is not in accordance with the scheduled accomplishment as the wor/ progress is very slow! 8. =n the second wee/ of )eptember 011$, the expected period of completion of the proAect and its supposed occupancy capability, the construction is still unfinished with defects in its construction as it did not confer to the proAect plan and architecture preferred by herein defendants! 9. Despite the repeated demands by the defendant to the plaintiff to fully complete the construction according to the plan, plaintiff refused to do so and in fact have abandoned the construction sometime in the second wee/ of December 011$ along with his laborers! (he defective and unfinished construction is evidenced by photographs with encrypted dates and hour of their capture which were mar/ed as 2nnexes 3&4 to 3&---4! 10. 2s there is a dire need for the defendants to transfer their residence on the newly constructed house, sometime on February 011&, defendants decided to avail the services of 6ngr! -ryan *ancile and his laborers to complete and satisfy the pending construction according to the agreed proAect plan as evidenced by a )ervice Contract dated February "9, 011& herein attached as 2nnex 394! Finally on 2pril "#, 011&, the new group of wor/ers completed the construction of the house in accordance with the plan! (he finished newly constructed house is evidenced by

photographs with encrypted dates and hours of their capture mar/ed as 2nnexes 3%4 to 3%-*4! 11. During the construction of the second group of wor/ers, it was discovered that the first group used substandard 5uality of materials on the construction and did not actually applied all the materials listed on the receipts submitted by the plaintiff to the defendant in supporting the progress billings as reflected on the construction assessment made by 6ngr! *ancile duly approved by the City 6ngineersC =ffice mar/ed as 2nnex 3"14! 12. Defendants admit that they in fact received demands from the plaintiff to pay the balance of )even Hundred Forty 6ight (housand Four Hundred )ixty-)ix 7esos and &$@"11 87hp&<9,<$$!&$: which the defendants refused to pay as they believe that the claimed amount by the plaintiff is still not enough to compensate the former of all the damages the latter caused them due to the abandonment of the construction of the house and non-compliance to render 5uality service as stated in the contract and defrauding them in the items reflected on the billing! 13. (o complete the construction and repair all the defects in the construction made by the plaintiff, the defendants incurred an expense in the total amount of =ne *illion and Forty (wo (housand 7esos 87hp",1<0,111!11: with the receipts and accounting attached as 2nnexes 3""4 to 3""DD4! 14. (o compensate defendants from all the damages caused by the plaintiff, the latter should be ordered to pay the defendants =ne *illion and Forty (wo (housand 7esos 87hp",1<0,111!11: as the total actual damages caused by plaintiffCs breach of contract plus (wo Hundred (housand 7esos 87hp011,111!11: as moral damages and =ne Hundred (housand 7esos 87h7"11,111!11: as attorneyCs fees!

PRA7ER
%(ERE5ORE# premises considered, it is hereby prayed that, after hearing, Audgment be rendered ordering the following: "! Dismiss the complaint! 0! =rdering the plaintiff to pay the defendants the following: a. =ne *illion and Forty (wo (housand 7esos 87hp",1<0,111!11: as the total actual damagesE b. (wo Hundred (housand 7esos 87hp011,111!11: for each defendant as moral damagesE and c. =ne Hundred (housand 7esos 87hp"11,111!11: as for attorneyCs fees and litigation expenses!

5URT(ER RELIE5&, Aust and e5uitable, are li/ewise prayed for! *anila, 7hilippines, June 4!# !""-! ALO8ERA.AGBA7ANI and A&&OCIATE& LA% O55ICE& Counsel for the Defendants Fnit 2, 99 )an *arcelino )treet, 6rmita, *anila "111 By:

,=GG =! #<.0" 7(, =! &"0101%-19@1&@011%-*2 BG2 B-7 GBF6(B*6 *6*-6, =! "0.<# Copy Furnished:

C(AR$AINE $ALLARI ALO8ERA

ATT7' $ARLOU PLE:A PLE:A LA% O55ICE

Counsel for the Plaintiff 'olangco -uilding <0$ >! epomuceno )treet )an *iguel, *anila

8ERI5ICATION AN+ CERTI5ICATE O5 NON.5ORU$ &(OPPING +e, LO%ELL TANGI and EL8IRA TANGI, of legal ages, Filipino, married to each other, and with postal address at o! "#$%-"#&" '! (uazon )treet, )ampaloc, *anila, after being duly sworn in accordance with law, depose and state, that: 1. +e are the defendants in the above-entitled caseE 2. +e filed this 2nswer with counterclaim in connection with the complaint for sum of money and damages filed against us by plaintiff *r! +ilson ChuaE 3. (he allegations herein are true and correct based on our own personal /nowledge and existing records and documentsE 4. +e further certify that we have not heretofore commenced any other proceeding involving the same issues in the )upreme Court, the Court of 2ppeals, or any other tribunal

or agency, that to the best of our /nowledge, no such action or proceeding is pending in the )upreme Court, the Court of 2ppeals or any other tribunal or agency, that should it be learned that a similar action or proceeding has been filed or is pending before the )upreme Court, the Court of 2ppeals or any other tribunal or agency, we underta/e to report that fact to this Honorable Court within five 8#: days therefrom!

LO%ELL TANGI Affiant

EL8IRA TANGI Affiant

)F-)C,B-6D 2 D )+=, (= before me this 4!th da* of JUNE# !""- at $anila# Philippines, affiants exhibited to me their Community (ax Certificates with os! "#$%&9$0 and "#$9&%0# both issued at *anila on February "#, 011&!

NOTAR7 PUBLIC
Doc. No. Page No. Boo No. !eries of __________ __________ __________ __________