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    Answer With Permissive and Compulsory Counterclaim

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    Zor Ro
    1. Defendant Eaton Maton files an answer to Christian Grey's complaint for foreclosure of a real estate mortgage, admitting some facts but denying that demands for payment were received. 2. Maton asserts affirmative defenses that the debt was paid by transferring vehicles and horses, and that Grey released the mortgage. 3. Maton files a compulsory counterclaim to compel Grey to release the mortgage and a permissive counterclaim seeking 20,000 pesos owed under a promissory note.

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    Answer With Permissive and Compulsory Counterclaim

    Uploaded by

    Zor Ro
    535 views2 pages
    1. Defendant Eaton Maton files an answer to Christian Grey's complaint for foreclosure of a real estate mortgage, admitting some facts but denying that demands for payment were received. 2. Maton asserts affirmative defenses that the debt was paid by transferring vehicles and horses, and that Grey released the mortgage. 3. Maton files a compulsory counterclaim to compel Grey to release the mortgage and a permissive counterclaim seeking 20,000 pesos owed under a promissory note.

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    Answer with Permissive and Compulsory Counterclaim

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    1. Defendant Eaton Maton files an answer to Christian Grey's complaint for foreclosure of a real estate mortgage, admitting some facts but denying that demands for payment were received. 2. Maton asserts affirmative defenses that the debt was paid by transferring vehicles and horses, and that Grey released the mortgage. 3. Maton files a compulsory counterclaim to compel Grey to release the mortgage and a permissive counterclaim seeking 20,000 pesos owed under a promissory note.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    535 views2 pages

    Answer With Permissive and Compulsory Counterclaim

    Uploaded by

    Zor Ro
    1. Defendant Eaton Maton files an answer to Christian Grey's complaint for foreclosure of a real estate mortgage, admitting some facts but denying that demands for payment were received. 2. Maton asserts affirmative defenses that the debt was paid by transferring vehicles and horses, and that Grey released the mortgage. 3. Maton files a compulsory counterclaim to compel Grey to release the mortgage and a permissive counterclaim seeking 20,000 pesos owed under a promissory note.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    National Capital Judicial Region
    Branch 1
    Manila

    CHRISTIAN GREY,

    Plaintiff,

    Civil Case No. 12345

    - Versus - For: Foreclosure of Real

    Estate Mortgage

    EATON MATON,

    Defendant.

    x-----------------------------------x

    ANSWER WITH COMPULSORY AND PERMISSIVE COUNTERCLAIM

    Defendant, through counsel, answering plaintiff’s complaint, alleges:

    1. That defendant ADMITS the allegations in paragraphs 1, 2, 3, and 4 of complaint;

    2. That defendant is without knowledge or information to form a belief as to the truth of the
    averments in paragraph 5 of complaint.

    3. That defendant DENIES the allegations in paragraph 6 of complaint, to the effect that plaintiff
    made demands to defendant to pay the alleged overdue obligations, no such notice of demand received
    by defendant.

    AFFIRMATIVE DEFENSE

    1. That, on 17th of July, 2012, defendant gave and transferred to plaintiff, one (1) 2014 Mitsubishi
    Lancer EX, with plate number XXX 123, and two (2) horses, completely equipped and harnessed, and it
    was the understanding between the parties that the same were given as full and complete payment of
    defendant’s obligation alleged in the complaint.

    2. That, the mortgage sought to be foreclosed had already been released by plaintiff himself, after
    defendant had transferred ownership over the one (1) 2014 Mitsubishi Lancer EX, with plate number
    XXX 123, and two (2) horses, completely equipped and harnessed, and said release is evidenced by a
    document duly signed by plaintiff, coy of which is attached hereto as Annex “1”, but which has not, as
    yet, been ratified and registered due to the failure of plaintiff to produce his residence tax certificate.

    COUNTERCLAIM

    1. That, in accordance with the contract between the parties, and upon effecting full payment of
    the obligation under the contract of loan by virtue of former recovery, plaintiff was to release
    defendant’s house and lot from the Real Estate Mortgage executed thereon, and to release the
    defendant from all claims arising from the said contract of loan.

    2. That, in accordance with a subsequent contract between the parties, it is the plaintiff who is
    indebted to the defendant to the amount of TWENTY THOUSAND PESOS (P20,000.00), by virtue of a
    promissory note attached hereto as Annex “2”;

    3. That plaintiff had refused, and still refuses, to pay the said amount of P20,000.00.

    PRAYER

    WHEREFORE, defendant prays for judgment:

    1. Dismissing the complaint with costs against plaintiff; and

    2. On the COMPULSORY COUNTERCLAIM, ordering plaintiff to pay release defendant’s house and
    lot from the Real Estate Mortgage;

    3. On the PERMISSIVE COUNTERCLAIM, ordering plaintiff to pay to defendant the sum of TWENTY
    THOUSAND PESOS (P20,000.00), with interest thereon at the legal rate, from 17 th of July, 2012 until the
    amount is fully paid.

    City of Sta. Rosa, Laguna, Philippines, November 20, 2013.

    CHRISTIAN MATIBAG
    Counsel for Defendant
    Unit 69, XXX Building,
    Sta. Rosa, Laguna
    IBP No. 98765
    PTR No. 987654
    Roll No. 98765
    MCLE No. I-009876; 11/08/14
    MCLE No. II-005432; 11/08/14

    Copy Furnished:

    Notice and copy were provided for to the prosecution.

    Explanation:

    The forgoing Answer with Counterclaim was served upon the adverse party by registered mail,
    due to the distance of the address of the former and for lack of messengerial personnel to undertake
    personal service thereof.

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