Regional Trial Court

Fourth Judicial Region

REGIONAL TRIAL COURT
Branch 3, Batangas City

Estelita B. Cuenca,

Plaintiff

ANSWER

(with COUNTERCLAIM)

Comes now, the Defendant, through the undersigned counsel and unto this Honourable Court,
most respectfully avers:

1. That Defendant admits the averments in Paragraphs 1, 2 and 3 of the complaint;

2. That Defendant specifically denies the averments in Paragraph 4 and 5 of the complaint, the truth
being those stated in the special and affirmative defenses herein set forth;

3. That Defendant is without knowledge or information sufficient to form a belief as to the veracity of
the averments in Paragraphs 6, 7, 8, 9 and 10 of the complaint;

4. That Defendant admits the averments in Paragraphs 11 and 12 of the complaint as to the fact of
receipt of a demand letter but specifically denies its contents as to their truth;

5. That Defendant specifically denies the averments in Paragraphs 13, 14, 15, 16 and 17 of the
complaint, the truth being those stated in the special and affirmative defenses herein set forth;

6. That Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they
are material and additionally submit that the Complaint should be dismissed because:

6.1. Plaintiff has no standing to file this action since the contract was entered into between the
Defendant and the owner of the family estate named Gina Baliwag residing at Sto. Nino, San Pascual,
Batangas (a copy of the said contract is hereby attached as Annex 1);

6.2. Even assuming arguendo that plaintiff has material interest in the outcome of the case
giving her standing to file this action, her claims are unfounded, malicious and baseless considering that:
 6.1.1. The plaintiff caused the installation of additional decorations and embellishments
in the coffin which caused it to become unfit for the crypt. Such were not provided for in the contract
considering that the latter specifically states the dimensions of the coffin and the crypt that will be
prepared without any provision for additional embellishments;

6.1.2. The medical emergency alleged has no proximate causal connection with the
contract of interment;

6.1.3. A claim for moral damages of Five Million Pesos (Php 5,000,000.00) is way
beyond excessive under the present circumstances thereby showing plaintiff’s intention to make a
business out of this litigation; and

6.1.4. Defendant, at the moment, does not have the intention to evade nor depart from
the Philippines contrary to the unfounded allegation of the Plaintiff, hence there is no basis for the
granting of the provisional remedy of preliminary attachment.

7. By way of counterclaim, Defendant alleges that by virtue of this unwarranted and malicious act
initiated by the Plaintiff, Defendant was forced to secure services of counsel to vindicate his legal rights
such fees amounting to Fify Thousand Pesos (Php 50,000.00).

WHEREFORE, Defendant respectfully prays that judgment be rendered in its favor by dismissing
the Complaint and granting defendant’s counterclaim by awarding defendant Fifty Thousand Pesos (Php
50,000.00) as Attorney’s Fees.

Other just and equitable reliefs are also prayed for.

Batangas City; 12 November 2018.