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REPUBLIC OF THE PHILIPPINES

5TH JUDICIAL REGION


REGIONAL TRIL COURT
BRANCH 11, LIGAO CITY

ATENOGENES R. NUEZ
and JULIETA R. NUEZ ,
Plaintiffs,
- versus -

Civil Case No. 2619

ERMAR B. CEGUERRA and


The MUNICIPAL ASSESSOR
OF LIBON,
Defendants,
x--------------------x

ANSWER WITH COUNTERCLAIM


DEFENDANT ERMAR B. CEGUERRA, through counsel and
to this Honorable Court, respectfully AVERS, ADMITS and DENIES,
as follows:
1) ADMITS the allegations in paragraphs 1, 2 and 3 of the
Complaint;
2) AVERS he is without knowledge or information sufficient to
form a belief as to the truth of the material averments in paragraphs 4,
5, 6, 7, 8 and 9 of the Complaint;
3) DENIES the material allegations in paragraph 10 of the
Complaint the truth being that the 253-square meter parcel of land he
purchased in good faith and for value from Perseverando Nuez on
September 21, 2007 was owned by the latter as indicated by Tax

-2Declaration No. 2003-04-059 issued by the Municipal Assessor of


Libon, Albay on May 23, 2006; photocopies of the Deed of Absolute
Sale and the Tax Declaration are hereto attached as Annexes A and
B, respectively;
4) AVERS that since the allegations in paragraphs 11, 12, 13,
14, 15, 16, and 17 of the Complaint are not averments of ultimate
facts constituting plaintiffs cause of action, the same need not be
specifically denied; and by way of AFFIRMATIVE DEFENSES
5) AVERS that in paragraph 5 of the Complaint, plaintiffs failed
to allege any ultimate fact that would have indicated that Luis Nuez,
plaintiffs alleged father and predecessor-in-interest, was indeed the
owner of the 6,673-square meter parcel of land designated as Lot 2036
of which the questioned property is a portion; without said allegation
of ultimate fact, plaintiffs acquisition of the subject property from
their father, Luis Nuez, would be without sufficient legal basis and,
consequently, plaintiffs would, in turn, have no cause of action against
defendant Ceguerra;
6) AVERS that in paragraph 6 of the Complaint, plaintiffs failed
to allege by what mode and under what written instruments their
father, Luis Nuez, presumably during his lifetime, gave each of
them and their five (5) other siblings 105-square meter portion of his
property; neither did plaintiffs attach the written contracts covering
the purported sale of Teodora Nuez Segarras 105 square

-3meter lot and Florecita Nuezs 210-square meter lot to plaintiff


Atenogenes Nuez;
7) AVERS that without the above mentioned allegations in
paragraphs 5 and 6 of the Complaint, the purported inter vivos transfer
from Luis Nuez to his children, on the one hand, and from plaintiff
Atenogenes Nuezs siblings to him, on the other hand, relative to the
subject property would be unenforceable under paragraph 2(f), Article
1403 of the Civil Code; consequently, plaintiffs would be left without
any interest in the property subject of this case and without a cause of
action against defendant Ceguerra;
8) AVERS that while the purported sale by Perseverando Nuez
of his 105-square meter lot to plaintiff Atenogenes Nuez on April 21,
2006 preceded by seventeen (17) months the sale by Perseverando
Nuez of his 253-square meter lot to defendant Ceguerra on
September 21, 2007, plaintiff Atenogenes Nuez never paid the
required capital gains tax and transfer fee nor did he cause the
recording of said sale with the Municipal Assessors Office of Libon,
Albay;
9) AVERS that, unlike plaintiff Atenogenes Nuez, defendant
Ceguerra promptly paid all the required taxes and fees for his
purchase of the 253-square meter lot from Perseverando Nuez and
had it recorded with the Municipal Assessors Office of Libon, Albay;
this explains why defendant Ceguerra was issued in his name a new
Declaration of Real Property for the 253-square meter lot but plaintiff
Atenogenes Nuez was never issued one; a photocopy of the
Declaration of Real Property is hereto attached as Annex C;

-410) AVERS that the issuance by the Municipal Assessor of


Libon, Albay of a new Declaration of Real Property for the 253square meter lot in the name of defendant Ceguerra has validated not
only the legitimacy of his purchase of the subject property but also the
ownership of the same by the seller thereof, Perseverando Nuez; the
Municipal Assessor of Libon, Albay would not have issued defendant
Ceguerra, the buyer of the 253-square meter property, a new Tax
Declaration if the previous Tax Declaration was not in the name of
Perseverando Nuez, the seller of said property;
11) AVERS that although plaintiff Atenogenes Nuez claims
that by April 21, 2006 he had already bought, except that of plaintiff
Julieta Nuez, all the respective shares of his siblings in the lot of
their father which, including his own share, totaled 525 square meters,
to date, he has neither paid the required transfer taxes and fees nor
caused the recording of such purchases with the Municipal Assessors
Office of Libon, Albay;
12) AVERS that, unlike the September 21, 2007 Deed of
Absolute Sale between Perseverando R. Nuez and defendant
Ceguerra, the purported April 21, 2006 Deed of Absolute Sale
between Perseverando R. Nuez and plaintiff Atenogenes R. Nuez
was neither acknowledged before a notary public nor signed by Rosa
Regondola-Nuez, Perseverandos wife, for her marital consent;
13) AVERS that the purported signature of Perseverando Nuez
in the April 21, 2006 Deed of Absolute Sale where he was supposed to
have sold his 105-square meter lot to plaintiff Atenogenes Nuez
appears to be a patent forgery if compared to his signature in

-5the September 21, 2007 Deed of Absolute Sale between him and
defendant Ceguerra;
14) The crooked pen strokes that characterize the signature in
the April 21, 2006 document indicates that it could not have been the
handiwork of its owner, Perseverando Nuez, but that of a person
who, with a shaky and unsteady

hand, was trying to imitate

somebody elses signature; in contrast, the signature affixed in the


September 21, 2007 Deed of Absolute Sale characterized by even and
smoothly curving pen strokes could only have been made by
Perseverando Nunez who, although older by seventeen (17) months,
was just repeating what he had done countless times before;
15) The falsified nature of the purported April 21, 2006 Deed of
Absolute Sale between Perseverando Nuez and plaintiff Atenogenes
Nuez becomes all the more compelling if two more factors are
considered -

the document was not acknowledged before a notary

public and was not signed by Rosa R. Nuez, Perseverandos wife, to


indicate her consent thereto ; and by way of
COMPULSORY COUNTERCLAIM
16) The filing of this malicious and utterly baseless suit has
constrained defendant to retain the services of a lawyer for which he
incurred expenses in the amount of P100,000.00 as his counsels
acceptance fee and P3,000.00 for every court appearance;
17) Due to the filing and pendency of this patently capricious
and oppressive suit, defendant has suffered and continue to suffer

-6mental anguish, serious anxiety, sleepless nights and public


humiliation for which plaintiffs should be made to pay defendant the
sum of P100,000.00;
18) To deter others from filing utterly whimsical suits meant
only to oppress and harass as plaintiffs so irresponsibly did, the latter
should be made to pay defendant the sum of P50,000.00 as exemplary
damages;
P R AY E R
WHEREFORE, it is respectfully prayed that, after hearing,
judgment be rendered dismissing the Complaint and ordering
plaintiffs to jointly and severally:
1) Pay defendant the sum of P100,000.00 as attorneys fee plus
whatever amount is incurred for his lawyers appearance fee;
2) Pay defendant the sum of P100,000.00 as moral damages;
3) Pay defendant the amount of P50,000.00 as exemplary
damages;
4) Pay the cost of suit.
Other reliefs just and equitable under the premises are likewise
prayed for.
Las Pias City, August 11, 2010.

-7-

JESUS A. OBRA
Counsel for Defendant
20 Y. Catral St., BFRV, Las Pias City
PTR No. 10053270/7-16-10/L.P.
Roll of Attorneys No. 32568
IBP No. 819786/7-16-10/Pasay City
MCLE Exemption No. III-000570
August 11, 2009/ Pasig City
V E R I F I C AT I O N
I, ERMAR B. CEGUERRA, of legal age, Filipino and a
resident of San Miguel Street, Libon, Albay, avers under oath that:
1) I am the defendant in the above entitled case;
2) I caused the preparation of the foregoing Answer;
3) All material allegations therein are true and correct of my
own personal knowledge or based on authentic records;

ERMAR B. CEGUERRA
SUBSCRIBED AND SWORN to before me this _______ day
of August, 2010, affiant exhibiting his CTR No. ______________,
issued on ________________, at ___________________________.

Doc. No. ______


Page No. ______
Book No. ______
Series of 2010

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Copy furnished:
ATENOGENES R. NUEZ
Plaintiff
Betts Street Extension
Libon, Albay

JULIETA R. NUEZ
Plaintiff
Gabon, Polangui, Albay

E X P LAN AT I O N
Copies of the foregoing Answer were served upon plaintiffs by
registered mail due to distance and counsels lack of personnel to
effect personal service.

JESUS A. OBRA