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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.

00) PESOS.00) PESOS. this 27 th day of June 2015. willfully and freely executed a deed of sale on her own accordance in favor of DEFENDANTS. That DEFENDANTS admit the averment in paragraph 1 of the Complaint as far as the Plaintiff’s personal circumstances are concerned. it is respectfully prayed of this Honorable Court that after due notice and hearing. 2.) Ordering Plaintiffs to pay to Defendants. Philippine Currency. 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.000. DEFENDANTS as absolute owner of the questioned property exercised his right to dispose of the same as absolute owner thereof.000. 2015 in Cebu City. That such donation was likewise recorded in the Land Registry of Cebu. 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. 3.) Ordering Plaintiffs to pay to Defendants. jointly and severally litigation expenses incurred by Plaintiffs and costs of this suit. jointly and severally the sum of FIFTY THOUSAND (P50. judgment be rendered as follows: 1. 3. ANSWER WITH COUNTERCLAIM Comes Now. 2. the aforesaid sum of ONE HUNDRED THOUSAND (P100. That DEFENDANTS admit the averment in paragraph 2 insofar as deef of absolute sale was executed by Plaintiff in favor of DEFENDANTS. COUNTERCLAIM DEFENDANTS respectfully restate all foregoing allegations and denials and hereby further state that: 1. . by way of Acceptance fee. AFFIRMATIVE DEFENSES Defendants hereby restates all foregoing allegations and further state that: 1. CHARLES PO Affiant SUBSCRIBED and SWORN to before me.000. to wit: ADMISSIONS AND DENIALS 1. I have hereunto affixed my signature this 4th day of September.00 deposit for legal expenses.) Ordering Plaintiffs to pay to Defendants. P5. PRAYER WHEREFORE.000. jointly and severally.IN WITNESS WHEREOF. 123456 issued on September 16. in the City of Cebu by Charles Po with Passport No. Philippine Currency. 2014 at the Pasay City. Defendants in the above entitled case and to this Honorable Court most respectfully avers. PLAINTIFFS voluntarily. Cebu Philippines.P2. 2.00 per Appearance. 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. by way of actual and/or compensatory damages.

and for the reason that the same are mere gratuitous conclusions on the part of the answering VERIFICATION That we. the answering defendants claim is without any legal or factual basis. in derogation of the established legal rights of the plaintiff. 84262 IBP No. REPLY PLAINTIFF. Osmena St. That paragraph 3-6 of the Answer of the defendants Irene and Joy Velvet. the truth of the matter being those stated in the complaint. Philippines by the affiants mentioned above with their respective competent evidence of identity. Jerry Carreon. Ina Carreon and Kara Carreon subscribe under oath. 83192. Lapu-Lapu City Roll of Attorneys No. are hereby specifically denied. The allegations under the Counterclaim. Basak. it is respectfully prayed unto this Honorable Court. PRAYE R WHEREFORE. 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. for reasons stated in the complaint. the ownership thereof belongs to the plaintiff. Moreover. Cebu City. Jerome Carreon.. YDREL OBSIOMA Counsel for the Plaintiffs 507 S. 467221/01-02-2015/CEBU CITY MCLE Cert No. 30th of July 2015. through the undersigned counsel and to this Answer with Counterclaim – Honorable Court. are hereby specifically denied the truth of the matter being those stated in the Complaint. City of Cebu. premises considered. 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. Euma Carreon SSS ID 412432 Issued on: May 2. 2. most respectfully submits this Reply to Defendant’s 1. 0928-5017536 Email Address: ydrel@yahoo. hereby deposes and states that: We are the defendants in the instant case. Euma Carreon. containing their pictures and signature which they identified to me as the persons who executed the foregoing verification. Brgy. 3.2015 Issued on: May 2. 2015 . We attest to the authenticity of the annexes thereof. ATTY. dismiss the Counterclaim of the defendants Irene and Joy Velvet and to grant the reliefs and remedies prayed for in the Complaint. 534532/01-03-2015/CEBU CITY PTR No.Defendants prays for such other reliefs as may be just and equitable in the premises. Therefore. issued on Oct 15.2015 Issued at: SSS CEBU Jerry Carreon Jerome Carreon GSIS ID 321452 SSS ID 657332 Issued on: May 2. the Deed of Sale attached to the Answer is not legal.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. 2015 Mobile No. Philippines. Philippines JUDICIAL AFFIDAVIT OF WITNESS August 1.

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

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