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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES


7TH Judicial Region
Branch 12
Cebu City
SPOUSES JOHN AND JANE DY,

CIVIL CASE NO. 45678

Plaintiffs,
- versus -

FOR UNLAWFUL DETAINER

ANDRES MABINI,
Defendant,
X------------------------/

ANSWER
COMES NOW, the defendant through the undersigned counsel and
unto this honorable court most respectfully avers:
1. That paragraph one (1) of the complaint is denied for lack of
sufficient knowledge and information;
2. That paragraph two (2) is admitted;
3. That paragraphs three (3), four (4), five (5), six (6), seven (7) and
eight (8) are denied for lack of sufficient knowledge and belief;
4. That paragraph nine (9) is admitted as far as the allegation that
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defendant constructed his house on the property sometime in 1985;


5. That paragraph ten (10) is denied also for lack of sufficient
knowledge and belief;
6. That paragraph eleven (11) is admitted;

AFFIRMATIVE DEFENSES
7. That defendant acquired the property where his house is presently
erected from Leo Banghal sometime in 1985;
8. That defendant is a buyer in good faith considering that the time he
bought the said property from Leo Banghal was free from liens and
encumbrances;
9. That defendant has been in possession of the said property for
for more than thirty (30) years already and it is only now that plaintiffs have
questioned defendants ownership of the property subject of this case;
10. That under the law on prescription on real actions over immovable
prescribe after thirty (30) years;

COUNTER CLAIM
11.That by reason of the filing of this baseless complaint by the
plaintiffs against the herein defendant, the latter suffered wounded feelings,
mental anguished and sleepless nights; hence, plaintiffs be ordered to pay
Php 50,000.00 as the damages to the defendant.
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12. Likewise, defendant was constrained to engage the services of


counsels to defend his cause; hence, plaintiffs be ordered to pay the amount
of Php 20,000.00 as attorneys fees.

PRAYER
Wherefore, defendant most respectfully prays before this Honorable
Court to dismiss this instant complaint and to direct the plaintiffs to pay the
defendant Php 50,000.00 as damages and Php 20,000.00 as attorneys fees.
Cebu City, Philippines, September 8, 2015.

RAMON CHRISTOPHER R. NOLLORA


Counsel for the defendant
PTR # 88578; 1/5/2015; Cebu Prov.
IBP # 555665; 1/3/2015; Cebu City
Roll of Attorneys No. 789545
MCLE Compliance No. IV 001879
Unit B, 2nd Floor, Abad Centrum
Junquera Street, Cebu City

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ARNEL A. PAHANONOT
Counsel for the defendant
PTR # 798654; 1/5/2015; Cebu Prov.
IBP # 868268; 1/3/2015; Cebu City
Roll of Attorneys No. 486687
MCLE Compliance No. IV 001879
Unit B, 2nd Floor, Abad Centrum
Junquera Street, Cebu City

ARTHUR J. PATIGA
Counsel for the defendant
PTR # 88578; 1/5/2015; Cebu Prov.
IBP # 555665; 1/3/2015; Cebu City
Roll of Attorneys No. 789545
MCLE Compliance No. IV 001879
Unit B, 2nd Floor, Abad Centrum
Junquera Street, Cebu City

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Gerardo Abad
Counsel for the defendant
PTR # 666678; 1/5/2015; Cebu Prov.
IBP # 589645; 1/3/2015; Cebu City
Roll of Attorneys No. 689756
MCLE Compliance No. IV 001879
Unit B, 2nd Floor, Abad Centrum
Junquera Street, Cebu City

VERIFICATION
I, ANDRES MABINI, of legal age, married, Filipino, and a resident of
Cebu City and after having been duly sworn to in accordance with law
hereby depose and say:
1.
2.
3.
4.

That I am the defendant in this instant case;


That I have caused the preparation of this answer;
That I have read its contents and understood the same;
That all the allegations contained in this answer are true and
correct to the best of my knowledge and belief.

IN WITNESS WHEREOF, I have here unto set my hand this 8th day
of September, 2015 at Cebu City, Philippines.
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ANDRES MABINI
Affiant
SUBCRIBED AND SWORN TO before me this 8th day of September
in Cebu City, Philippines, affiant exhibiting to me his Drivers License No.
6789 issued by the Land Transportation Office on May 8, 2014 at the City of
Cebu.

RAMON CHRISTOPHER R. NOLLORA


Notary Public
PTR # 88578; 1/5/2015; Cebu Prov.
IBP # 555665; 1/3/2015; Cebu City
Roll of Attorneys No. 789545
MCLE Compliance No. IV 001879
Unit B, 2nd Floor, Abad Centrum
Junquera Street, Cebu City

Doc. No. 678


Page No. 123
Book No. 5
Series of 2015.

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Copy furnished;

Cesarine Sy Bawasanta,
Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City

Sieg Sanchez Sison


Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City

Dabert Marie A. Candado


Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City

Ruby Rose Casimiro


Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City