Republic of the Philippines

7th Judicial Region
Branch 4
Cebu City



Civil Case No. 42345


versus –

COME NOW, Plaintiffs through their undersigned counsel and to this Honorable Court, most respectfully allege that:
1Parties to the case:

Plaintiff's name, age, citizenship, status, residency.


Defendant's name ,age, citizenship, status, residency.

2Statement of facts
3Cause of action
WHEREFORE, it is respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered as follows:
Plaintiff prays for such other reliefs as may be just and equitable in the premises.
City of Cebu, Philippines, 27th of June 2015.

Counsel for the Plaintiffs
507 S. Osmena St., Gun-ob, Lapu-Lapu City
Roll of Attorneys No. 84262
IBP No. 534532/01-03-2015/CEBU CITY
PTR No. 467221/01-02-2015/CEBU CITY
MCLE Cert No. 83192, issued on Oct 15, 2015
Mobile No. 0928-5017536
Email Address:
I, CHARLES PO, Filipino, of legal age residing at Unit D1, Ponce Building, Mabolo, Cebu City, after being sworn to in
accordance with law, deposes and says that:
I am the Plaintiff in the above-entitled case;
The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records;
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 suck other action or claim is pending in them; and
If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within
five(5) days from notice to the court or where the comlplaint or initiatory pleading has been filed.

That DEFENDANTS admit the averment in paragraph 2 insofar as deef of absolute sale was executed by Plaintiff in favor of DEFENDANTS.P2. to wit: ADMISSIONS AND DENIALS 1. jointly and severally litigation expenses incurred by Plaintiffs and costs of this suit. jointly and severally the sum of FIFTY THOUSAND (P50. 2015 in Cebu City. by way of actual and/or compensatory damages. I have hereunto affixed my signature this 4th day of September.000. CHARLES PO Affiant SUBSCRIBED and SWORN to before me. AFFIRMATIVE DEFENSES Defendants hereby restates all foregoing allegations and further state that: 1. Philippine Currency. 3.) Ordering Plaintiffs to pay to Defendants. judgment be rendered as follows: 1. in the City of Cebu by Charles Po with Passport No. Cebu Philippines.000. 2. PLAINTIFFS voluntarily. jointly and severally.) Ordering Plaintiffs to pay to Defendants. 3. PLAINTIFFS herself signed the deed of sale (ANNEX “A”) in favor of the DEFENDANTS as evidenced by a photo was taken during the signing of the deed of sale where both PLAINTIFF and DEFENDANTS were present.00) PESOS. by way of Acceptance fee. the aforesaid sum of ONE HUNDRED THOUSAND (P100.00 per Appearance. Philippine Currency. That such donation was likewise recorded in the Land Registry of Cebu.IN WITNESS WHEREOF.00) PESOS. willfully and freely executed a deed of sale on her own accordance in favor of DEFENDANTS. P5. 2014 at the Pasay City. COUNTERCLAIM DEFENDANTS respectfully restate all foregoing allegations and denials and hereby further state that: 1. 2. .00 deposit for legal expenses. DEFENDANTS as absolute owner of the questioned property exercised his right to dispose of the same as absolute owner thereof. Defendants in the above entitled case and to this Honorable Court most respectfully avers.000. 123456 issued on September 16.000. That DEFENDANTS admit the averment in paragraph 1 of the Complaint as far as the Plaintiff’s personal circumstances are concerned. this 27 th day of June 2015. 2.) Ordering Plaintiffs to pay to Defendants. DEFENDANTS had lawful possession and ownership of the property donated by PLAINTIFFS and such rights the plaintiff had were transferred to defendants upon registration and issue of the Transfer Certificate of Title in favor of defendant. PRAYER WHEREFORE. ANSWER WITH COUNTERCLAIM Comes Now. PLAINTIFFS had executed a valid absolute deed of sale in favor of DEFENDANTS in the exercise of her rights to donate the property to other persons. it is respectfully prayed of this Honorable Court that after due notice and hearing.

the Deed of Sale attached to the Answer is not legal. 2015 . City of Cebu. Philippines JUDICIAL AFFIDAVIT OF WITNESS August 1. most respectfully submits this Reply to Defendant’s 1. PRAYE R WHEREFORE. The allegations under the Counterclaim. containing their pictures and signature which they identified to me as the persons who executed the foregoing verification. Philippines.. Jerry Carreon. Euma Carreon SSS ID 412432 Issued on: May 2. the truth of the matter being those stated in the complaint. 534532/01-03-2015/CEBU CITY PTR No. YDREL OBSIOMA Counsel for the Plaintiffs 507 S. ATTY. 30th of July 2015. Therefore. in derogation of the established legal rights of the plaintiff. 0928-5017536 Email Address: ydrel@yahoo. through the undersigned counsel and to this Answer with Counterclaim – Honorable Court. premises considered. 84262 IBP No. 83192. and for the reason that the same are mere gratuitous conclusions on the part of the answering defendant. Moreover. Ina Carreon and Kara Carreon subscribe under oath. 467221/01-02-2015/CEBU CITY MCLE Cert No.2015 Issued at: GSIS CEBU Issued at: SSS CEBU SUBSCRIBED AND SWORN to before me this 30th day of July 2015 in the City of Cebu. dismiss the Counterclaim of the defendants Irene and Joy Velvet and to grant the reliefs and remedies prayed for in the Complaint. Cebu City. for reasons stated in the VERIFICATION That we. Basak.Defendants prays for such other reliefs as may be just and equitable in the premises. 2015 Mobile No. Brgy. REPLY PLAINTIFF. We have read the foregoing petition and the allegations therein are true and correct of my own knowledge and/or based on the records on hand. Gun-ob. Osmena St. Jerome Carreon. That paragraph 3-6 of the Answer of the defendants Irene and Joy Velvet. Euma Carreon.2015 Issued on: May 2. issued on Oct 15.2015 Issued at: SSS CEBU Jerry Carreon Jerome Carreon GSIS ID 321452 SSS ID 657332 Issued on: May 2. We attest to the authenticity of the annexes thereof. it is respectfully prayed unto this Honorable Court. 3. are hereby specifically denied the truth of the matter being those stated in the Complaint. Lapu-Lapu City Roll of Attorneys No. hereby deposes and states that: We are the defendants in the instant case. are hereby specifically denied. 2. the answering defendants claim is without any legal or factual basis. Philippines by the affiants mentioned above with their respective competent evidence of identity. the ownership thereof belongs to the plaintiff. That the aforesaid acts of the answering defendants are malicious and have been done in utter bad faith and have been done in utter bad faith.

with reservation to present additional exhibits in the course of the proceedings of the instant case. I N WITNESS WHEREOF. Parian. 2015. Atty. How did you know the defendant? Ans: I came to know the defendant when I was called by my boss to be a witness to the contract of lease they executed. Ydrel Obsioma. affiant exhibiting to me her SSS ID No. YDREL C. 2015 at Cebu City. age. This Judicial Affidavit is offered to prove: (1) all the allegations in the complaint. in English. Ans: I am Lerdy Beck. year and place first above-written. issued on Dec 11. 2015 ydrel@yahoo. Brgy. is executed to serve as his direct testimony in the instant case. Cebu City. 09228218605 . 6969010. which he respectfully requests to be correspondingly marked as EXHIBITS in this case . How did you know her? Ans: We live in the same Barangay and she asked me if I can be the caretaker of her property because she was going to work abroad. 2014 PTR No. I have hereunto affixed my signature this 14th day of August. which the affiant fully understands. Parian. 014040001 MCLE Compliance Certificate No. 1. issued on January 12. 2015 Roll No. knowingly and intelligently executed the foregoing and that she fully understands it contents. in this case? 3. OBSIOMA Notary Public December 20. (2) including all the ANNEXES appended thereto. I live in Brgy. 2014 at Cebu Cellphone No. 8111118. Questions were propounded by plaintiff’s counsel. Please state your name.and (3) all matters related thereto. this 14th day of August . and occupation. 42 years old. Lerdy Beck Affiant SUBSCRIBED AND SWORN to before me. residence address. while Answeres were given/made by witness Mr. How are you related to the plaintiff in this case? Ans: She was my employer. 65544 issued September 16. Lerdy Beck. 4.This Judicial Affidavit of Lerdy Beck. X-000069 IBP No. in English dialect and the corresponding translation of his answer is provided after each question. 3. 2. How are you related to the defendants Ans: The defendant is the lessee of the property situated at Zamora St. WITNESS MY HAND AND NOTARIAL SEAL. Cebu City. I hereby certify she has voluntarily. on the day.

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