Republic of the Philippines SECOND JUDICIAL REGION REGIONAL TRIAL COURT Branch 1 Tuguegarao City, Cagayan DENNIS MANERA,

Plaintiff, MONEY -versusJOAQUIN SORIANO, Defendant. x-----------------------------x ANSWER (With COUNTERCLAIM) DEFENDANT, by counsel, respectfully states that: CIVIL CASE NO. ___ For: COLLECTION OF SUM OF

Admissions/Denials 1. Defendant admits the allegations in paragraphs 1,2,3,4 and 6 of the complaint; 2. Defendant specifically denies the allegation in paragraph 7, 8 and 9 of the complaint for lack of knowledge and information sufficient to form a belief as to the truth and falsity thereof; 3. Defendant specifically denies the content of the allegation in paragraph 5 of the complaint for the reasons stated in the affirmative defenses as will hereinafter be explained;

Affirmative Defenses 4. Plaintiff has no cause of action against the defendant because the defendant had already paid the amount of his indebtedness amounting to Five Hundred Thousand Pesos (Php500,000.00 ) to the plaintiff by means of Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) which shall be explained hereunder; 5. That the defendant, on July 2, 2013, when the debt becomes due and demandable and without waiting for any demand for payment, advised the plaintiff immediately that he still need money for the further expansion of his palay trading business and that instead of cash payment, if the latter would agree , they may enter into a Dacion en Pago with respect to the 200 square meter lot under TCT no. 12345 in payment of the debt;

6. That the plaintiff extended his willingness to the defendants offer but must first seek the consent of his wife; 7. That the with the consent of his wife plaintiff finally agreed and communicated his acceptance of the defendants offer and 8. That on July 3, 2013 the defendant and the plaintiff executed an instrument denominated as Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) 8.1. A copy of the instrument denominated as Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) executed by the parties is hereto attached and made an integral part hereof as Annex A. Counterclaim

9. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he

is entitled to relief arising from the filing of this malicious and baseless suit, as follows:

9.1. Moral Damages amounting to Two hundred Thousand Pesos (PHP200,000/00) because his name and reputation were besmirched by this malicious and baseless suit. 9.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was compelled to secure services of counsel to vindicate his legal rights.

WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) Two Hundred thousand Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees.

Other just and equitable reliefs are prayed for. Tuguegarao City, 05 January 2013

ATTY. DENNIS SAQUING 1ST Floor Castro Bldg., Cagayan Centro, Solana, MCLE Compliance No. I-002358 IBP Lifetime No. 021436 PTR No. 021781 Roll No. 032535