Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

12th Judicial Region
Branch 06, Rm. 203, 2nd Floor
Samontan Bldg., Tubod Highway
Tubod, Iligan City
MASHA ROSTOVA
Plaintiff,
CIVIL CASE No. 15-24
- versus JEMMA SIMMONS
Defendant.
x---------------------------x

FOR: UNLAWFUL DETAINER

AND DAMAGES

ANSWER
with COUNTERCLAIM
COMES NOW Defendant, through the undersigned counsel,
and unto this Honorable Court, most respectfully submits this Answer
and in support hereof avers that:
1. Paragraph 1 is admitted, however, her residence is at Purok 2,
Bara-as, Iligan City and not Tubod, Iligan City.
2. Paragraphs 2 to 6 are denied for reasons stated in the
Affirmative Defenses below.
3. Paragraph 7 is admitted.
4. Paragraph 8 is denied for lack of knowledge and information
sufficient to form a belief as to its veracity or falsity.
AFFIRMATIVE DEFENSES
5. The alleged Deed of Sale between the Defendant and the
Plaintiff is not annotated on the title on the property, see Annex
A.
6. The ownership and title of the parcel of land covered by TCT
No. 62-721 (AF) was acquired by Defendant through a Deed of
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Sale from Sameen Shaw, and registered under the name of

JEMMA SIMMONS.
7. Plaintiff did not acquire ownership of the property because the
contract entered by the Plaintiff and Defendant is an Equitable
Mortgage and not an Absolute Deed of Sale.
8. The contract is in nature of an equitable mortgage because:
8.1

First, The consideration of Three Hundred Thousand Pesos

(P300,000) is inadequate to cover as price of sale compared
to the value of the property with improvements which
amounts to Three Million Pesos (P3,000,000) as assessed
by City Assessor, assessment copy is attached as Annex
1".

8.2

Second, The Defendant, until present, is the one who pay

the taxes on the subject property, Official Real Property Tax
Receipt, dated August 8, 2014 is attached as Annex 2.

8.3

Third, The three-month period referred to by Plaintiff is the

period where Defendant is obliged to repay the loan to the
former so despite the expiration of the period, Plaintiff did not
become the owner of the property.
COUNTERCLAIM

9. By reason of the unfounded suit, the Defendant was

constrained to hire the services of a lawyer to defend his rights
and interests for a professional fee of P20,000.00 plus
P1,000.00 per court appearance;
10.
Similarly, the filing of the complaint by the Plaintiff has
caused unnecessary stress, anxiety, and mental anguish and
suffering, for which the defendant claims moral damages of
P35,000.00.
WHEREFORE, premises considered, defendant respectfully
prays that judgment be rendered in her favor by dismissing the
Complaint and granting defendants counterclaim by awarding
defendant: (a) P20,000.00 as attorneys fees; (b) P35,000.00 as
moral damages; and (c) costs of suit.

The defendant also respectfully prays for such other measures

of relief as the Honorable Court may deem just and proper in the
premises.
Iligan City. January 16, 2015.
The Law Office of
Calumba & Rainidah
4th Floor, xx Building, Tubod, Iligan City
By:
ELENE GEM S. CALUMBA
Counsel for Defendant
PTR No. 00112, 1/6/15, Iligan City
IBP No. 111223, 2015
Roll No. 324789, 4/12/14
MCLE Compliance, complied with on
October 13-17, 2014, Number in
process

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
I, JEMMA SIMMONS, of legal age, Filipino citizen and a
resident of Purok 2, Bara-as, Iligan City, after having been sworn in
accordance with law, hereby depose and say: That I am the
Defendant in the above-entitled case; That I have caused the
preparation and the filing of the foregoing Answer with Counterclaim;
That I have read and understood the contents thereof and the same
are true and correct to the best of my own personal knowledge and
based on authentic records; That I have not commenced any action
or proceeding involving the same issues before the Supreme Court,
Court of Appeals or any other tribunal or agency; that to the best of
my knowledge and belief, no such other action or proceeding is
pending in the aforementioned Courts, or different divisions thereof,
or any other tribunal or agency; and that should I thereafter learnt that
a similar action or proceeding has been filed or is pending before any
of the aforesaid Courts, tribunal or agency, I hereby undertake to
inform the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed of that fact within
five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this 16 th
day of January 2015 in the City of Iligan, Philippines.
JEMMA SIMMONS
Affiant
SUBSCRIBED AND SWORN to before me this 16th day of
January 2015 in the City of Iligan, Philippines.

ELENE GEM S. CALUMBA

Counsel for Defendant
PTR No. 00112, 1/6/15, Iligan City
IBP No. 111223, 2015
Roll No. 324789, 4/12/14
MCLE Compliance, complied with on
October 13-17, 2014, Number in
process
Copy furnished thru personal service:
ATTY. RAINIDAH M. ISMAEL
Counsel for Plaintiff
Suite 308, Abalos Bldg., Aguinaldo St.
Iligan City
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