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Republic of the Philippines

City Trial Court

Branch 42
Tacloban City
Heirs of Spouses Pedro and Maria Go
Civil Case No. 1123
(For: Forcible Entry)
Spouses Arturo Sandoval and Cristy Sandoval
x ----------------------------------------- x
COMES NOW DEFENDANTS, by counsel and unto this
Honorable Court, respectfully states and avers that:
1. Defendants DENY the allegations stated in paragraphs 1 and 3 of the
complaint for lack of knowledge or information sufficient to form a
belief as to the truth or falsity thereof;
2. Insofar as paragraphs 2, 4, 5 and 8 are concerned, Defendants DENY
for want of knowledge, such allegation being Plaintiffs personal
opinion or conclusion only and not an allegation of ultimate facts;
3. Paragraphs 6, 7 and 10 of the complaint is DENIED, the truth being
that no attempt to settle the matter was made, as evidenced by the
absence of the certification from the Lupong Tagapamayapa;
4. Paragraph 9 of the complaint is DENIED, the truth being that the
Defendants are the true and lawful owners of the questioned
property, evidenced by the Transfer Certificate of Title No. T-4823,
issued in the Register of Deeds for the Tacloban City, by virtue of a
Deed of Absolute Sale, copies of which are attached herein as annexes
A and B, respectively;
5. Moreover, Plaintiffs were NEVER in possession of the subject
property before the Defendants occupied the same. The Supreme
Court held in the following cases, to wit:
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Accordingly, in forcible entry, the plaintiff must allege in the

complaint and prove that he was in prior physical possession of
the property in litigation until he was deprived thereof by the
defendant, but in unlawful detainer, the plaintiff need not have
prior physical possession of the property (Demamay vs. Court
of Appeals, 186 SCRA 608, 612 [1990]) or, elsewise stated, prior
physical possession is not an indispensable requirement in an
unlawful detainer case.
6. Defendants had experienced harassment causing sleepless nights and
peace of mind to the extent that the Defendants study as a law
student had suffered. In this regard, the Plaintiff should be made
liable to pay moral damages amounting to PhP30,000.00;
7. In instituting this unwarranted and clearly unfounded suit against the
Defendants, Plaintiffs had acted in a wanton, fraudulent, reckless and
malevolent manner and, by way of example or correction for the
public good, Plaintiff should be made liable to pay Defendant
exemplary damages in the total amount of PESOS:ONE HUNDRED
THOUSAND (P100,000.00);
8. As a further consequence of the malicious and wrongful filing of the
present action, Defendants were constrained to hire the services of
counsel for a legal fee of PESOS: FIFTY THOUSAND (P50,000.00),
plus PESOS:TWO THOSUAND (P2,000.00) per court appearance,
and to incur expenses of litigation for which plaintiff should be made
to pay.
prays to this Honorable Court to:
a) DISMISS the complaint for utter lack of cause of action
against Defendants and failure to comply with the
condition precedent for filing the claim;
b) AWARD moral damages in the amount of PhP 30,000.00;
c) AWARD exemplary damages in the amount of PhP
d) AWARD Attorneys fee in the amount of PhP 60,000.00;
e) Cost of suit.
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Defendant prays for such other reliefs, just and equitable under
the circumstances.
Tacloban City, January 15, 2015


Counsel for the Defense
2 Flr. Rovic Bldg, Tacloban City
Tel No. 0922-8766890
PTR No. 123456; 01-08-2013; Tacloban City
IBP No. 123456; 01-08-2013; Tacloban City
Roll of Attorneys No. 999999
MCLE Compliance No. IV-123456; January 8, 2013
Republic of the Philippines )
___________________) s.s.
I, Arturo Sandoval, of legal age, Filipino, and with postal
address at Brgy. 62 B Sagkahan Tacloban City, Philippines, after
having been duly sworn in accordance with law, hereby depose and
state that:
1. I am the Plaintiff in the above-mentioned case;
2. I have caused the preparation and filing of the foregoing
3. I have read the contents of the foregoing Complaint; the
facts stated therein are true and correct to the best of my
own personal knowledge and based on authentic records;
4. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of
Appeals, or different divisions thereof, or any other tribunal
or agency, and that to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court,
Court of Appeals, or different divisions thereof, or in any
other tribunal or agency;
5. If I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme
Court, Court of Appeals, or different divisions thereof, or in
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any other tribunal or agency, I undertake to promptly report

such fact within five (5) days to this Honorable Court;
6. This Verification/Certification of Non-Forum Shopping is
being filed in good faith.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 15th day of January 2015 at the City of Tacloban.
Arturo Sandoval

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SUBSCRIBED AND SWORN TO before me this 15th day of

January 2015 at the City of Tacloban; affiant with a competent
evidence of identity and exhibiting to me her Drivers License No.
456789, issued on January 1, 2013 by the Land Transportation Office,
bearing her photograph and signature.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2013.

Notary Public

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