Republic of the Philippines
Regional Trial Court
9th Judicial Region
Branch 11
Zamboanga City
KATHRYN E. REID,
Plaintiff,
SCA No. 82734
For: Judicial Partition of
Estate
-versus-
JAMES L. BERNARDO,
defendant.
x----------------------------------------x
ANSWER
DEFENDANT, by counsel, unto the Honorable Court, respectfully
alleges:
ADMISSIONS AND DENIALS
1. That paragraph 3 of the Petition is admitted.
2. That paragraph 4 of the Petition is admitted.
3. That paragraph 5 of the Petition is admitted only in so far as
the persistent demand of the plaintiff to partition.
4. Denies the averment in paragraph 6 of the Petition that the
project-plan of partition is a just and practical division of the
property in question, the plaintiff never took into consideration the
quality and situation of the lot which plaintiff intends to give to the
respondent. The said lot is mashy, thus of lesser value.
AFFIRMATIVE DEFENSES
5. That the aforementioned project-plan of partition is a not just and
practical because the part to be given to the defendant is marshy
hence it is unusable and would prejudice the latter if such partition
is granted.
6. That there is an agreement to keep the land undivided for a
period of 10 years and the said period has not yet lapsed a
copy of which will be presented at the day of the trial.
7. That the defendant’s interest will be prejudiced if the said
partition will be approved.
COMPULSORY COUNTERCLAIM
The defendant hereby reproduces the averments in the preceding
paragraphs hereof for the purpose of this compulsory counterclaim:
8. By virtue of this baseless and malicious suit initiated by the
plaintiff, defendant was forced to hire the services of engaged
counsel in the sum of Php 10,000.00. For all the financial and
emotional sufferings, the defendant seeks the Court to declare
favourable reliefs against the plaintiff, including: (i) Php
10,000.00 for exemplary damages; (ii) Php 10,000.00 for
attorney’s fees; and Php 25,000.00 for litigation expenses.
PRAYER
WHEREFORE, defendant respectfully prays that the petition for judicial
partition of estate be dismissed, and grant the counterclaim by ordering the
plaintiff to pay the following:
1. Php 10,000.00 for exemplary damages;
2.Php 10,000.00 for attorney’s fees; and
3. Php 25,000.00 for litigation expenses.
Other equitable forms of relief under the circumstances are also prayed for.
Zamboanga City, Philippines, January 24, 2019.
Atty. Karen D. Sanchez
Counsel for theDefendant
Sanchez-Lu Law Firm
San Jose Gusu, Zamboanga City
PTR No. 789564; 03/02/2020
Roll No.78958; 09/04/2015
MCLE No. I-74561; 10/03/2015
MCLE No. II-58964; 03/12/2018
Copy furnished:
THE CLERK OF COURT
Regional Trial Court
Branch 12
Zamboanga City
ATTY. ESTA D. CATUBAN
Counsel for the Plaintiff
SJ Bldg., Tetuan, Zamboanga City
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, JAMES L. BERNARDO, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am a respondent in the above-stated case;
2. I caused the preparation of the foregoing answer;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days therefrom
to this Honorable Court.
JAMES L. BERNARDO
Affiant
SUBSCRIBED AND SWORN to before me this January 24, 2020 at
Zamboanga City, Philippines. Affiant exhibited to me his valid identification card
and the same is hereto attached.
Doc. No. 24;
Page No. 34;
Book No. IV;
Series of 2020.
