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Republic of the Philippines

REGIONAL TRIAL COURT

7TH Judicial Region

Branch 32

Dumaguete City

JUAN TAMAD,

Plaintiff,

Civil Case No. __________
-versus-

For: ACCION PUBLICIANA

MARIA BULAY-OG,

Defendant.

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

ANSWER WITH COUNTERCLAIM

Defendant, MARIA BULAY-OG, through the undersigned counsel, to
this Honorable Court, respectfully states that:

I. ADMISSIONS

The defendant admits the allegation in paragraph 1 of the Complaint in so
far as it relates to her personal circumstances;

6. III. Defendant also admits the allegation in paragraph 4 of the Complaint but only as to the fact that plaintiff did not reside on the subject property. The defendant strongly denies the allegations in paragraphs 5. and 13 of the Complaint not only for lack of knowledge or information sufficient to form a belief as to the veracity thereof but also for being distorted conclusions of facts and law. 1122 has been the subject of a Deed of Absolute Sale entered into by the parties in this case. II. 12. 9. AFFIRMATIVE DEFENSES In support of their DENIALS. 8. the defendant asserts the following affirmative defenses: 3. The truth of the matter is found in the affirmative defenses found hereunder. Dumaguete City. Negros Oriental. SPECIFIC DENIALS The allegations in paragraph 1 of the Complaint relating to the personal circumstances of the plaintiff are denied for lack of knowledge or information sufficient to form a belief as to the veracity thereof. 7. Juan Tamad and Maria Bulay-og. Negros Oriental. 20. . The truth of the matter is found in the affirmative defenses found hereunder. The subject property. The allegations in paragraphs 2 and 3 of the Complaint that the plaintiff is the absolute and registered owner of the subject lot situated in Bagacay. Psu-01-23-456789. Such Deed of Absolute Sale is hereto attached as Annex “A”. No. All the other allegations in paragraph 4 of the Complaint are denied for lack of knowledge or information sufficient to form a belief as to the veracity thereof. covered by OCT. situated in Bagacay. are strongly denied. Lot No. The defendant strongly denies the allegations in paragraphs 11.1The present case is a clandestine attempt on the part of the plaintiff to gain possession of property through judicial fiat the actual possessor and owner thereof being defendant Maria Bulay-og. Dumaguete City. and 10 of the Complaint.

Psu-01-23-456789. series of 2013. Marquel Peonila. hereto attached as Annex “F”. 20. stating that she was present during the transaction and that she signed as a witness to the Deed of Absolute Sale notarized by Atty. 003400392256. Beverlynians C. page no 5. which served as payment for the sale of Lot No. stating that he was the lawyer who notarized the Deed of Absolute Sale with document no.000) to Juan Tamad’s BDO Account No. Psu-01-23-456789 but the latter has always made several excuses. Marquel Peonila. page no 5. at BDO Robinsons Dumaguete Branch. series of 2013. 003400392256 on November 16. signed by Juan Tamad. Sworn statement of a common relative of the parties. hereto attached as Annex “B”. hereto attached as Annex “E”. d. c. hereto attached as Annex “I”.3After the execution of the Deed of Sale. book no. hereto attached as Annex “C”. series of 2013. executed by Juan Tamad and Maria Bulay- og sometime in November 2013. was issued in the name of Maria Bulay-og by the City of Dumaguete signed by the City Mayor. Acknowledgment receipt dated November 17. Baluyot. Sworn statement of Ms. BDO deposit slip. 25. defendant has made several oral and formal demands for plaintiff to deliver the Original Certificate of Title No. 20. Mary Junriza Cimeni.3. hereto attached as Annex “D”. Psu-01-23-456789 are the following: a. 20. evidencing the defendant’s payment of the amount of thirty-five thousand pesos (P35. 1122 over Lot No. affirming the receipt of the P35. 3. 25. The last two formal demands sent by the defendant are hereto attached as Annexes “G” and “H”. a permit to build over Lot No. X. 3. X. such fact pointing to his clear lack of intent to effect transfer of ownership over said lot to defendant. with document no.000 as reflected in his BDO account No. X. page no 5. book no. 25. Sworn statement of Atty. .4Defendant’s building of the house over the property was also compliant with all the requirements provided for by law. e.2Proof of the genuineness and due execution of such Deed of Absolute Sale of Lot No. Ms. Nina Rose Abiquil. Marquel Peonila. stating that she was present when the sale took place and that she also signed as witness to the Deed of Absolute Sale notarized by Atty. 2013. 20. book no. 2013. Psu-01-23-456789. with document no. b. As a matter of fact.

sleepless nights.500. COMPULSORY COUNTERCLAIM The defendant replead the foregoing recitals by way of reference. b. PRAYER Wherefore.00) per hearing for which they should be reimbursed by the plaintiff. 20 Psu-01-23- 456789 by virtue of a Deed of Absolute Sale executed by her in favor of the defendant.00) Pesos by way of moral damages. Dumaguete City.1The filing of this case is clearly baseless and malicious.5In view of the overwhelming and unequivocal evidence presented above.500. and that plaintiff deliberately. BOLLOS.000. showing that the plaintiff has lost ownership of Lot No.00) as attorney's fee and an appearance fee of Two Thousand Five Hundred Pesos (P2. Forty Thousand Pesos (P40. December 10. For such reason.000. the defendants were compelled to engage the services of the undersigned counsel for a stipulated amount of Forty Thousand Pesos (P40. his complaint for accion publiciana is preposterous.000. IV. Hibbard Avenue 6200 Dumaguete City . premises considered. Such other reliefs just and equitable under the premises are likewise prayed for.3. hence. refused to deliver the OCT over the said lot. 4. 4. it is most respectfully prayed of this Honorable Court that the instant case be DISMISSED for lack of merit.00) by way of moral damages. 2016.00) as attorney's fee and an appearance fee of Two Thousand Five Hundred Pesos (P2. CAUPAYAN and SERNA Counsel for the Defendants th 4 Floor Portal West Building. It is further prayed that after hearing.000. serious anxiety and other similar injuries. and without just cause. The plaintiff must then be held liable to indemnify them the amount of Fifty Thousand Pesos (Php 50.2By reason of the filing of this malicious and baseless complaint.00) per court hearing. Fifty Thousand (P50. THE LAW OFFICES OF ARIOLA. the plaintiff be held liable to pay the defendants the following: a. can never prosper. the defendant and her family has suffered mental anguish.

N. 143-143-143 Roll of Attorney’s No. 876543 /01-03-13/Dumaguete City T.I. CAUPAYAN PTR No. Telefax No. 0123456/01-14-14/Dumaguete City IBP No. 50505 MCLE Compliance Certificate No. IV-00011111 11/21/15 . 422-1234 By MARIA CARMELA R.

CAUPAYAN PTR No. the allegations therein are true of my personal knowledge and authentic records/verified sworn statements. depose and state that: I am the defendant in the above-entitled case.S. single. after being sworn to in accordance with law. 9 Book No. Dumaguete City. by the affiant who exhibited to me as competent proof of their identity her driver’s License No. of legal age.REPUBLIC OF THE PHILIPPINES) City of Dumaguete ) S. IV-00011111 11/21/15 Doc. XX Series of 2016 . VERIFICATION I. No. I have set my hand on this 10 th day of December 2016. Negros Oriental. 876543 /01-03-13/Dumaguete City T. IN WITNESS WHEREOF. 0123456/01-14-14/Dumaguete City IBP No.I. 143-143-143 Roll of Attorney’s No. I caused the preparation of the above Answer with Counterclaim and I have read and understood the contents thereof. with address at Barangay Bagacay. 45 Page No. 2016. Dumaguete City. MARIA BULAY-OG Affiant SUBSCRIBED and sworn to before me on this 10 th day of December 2016 at Dumaguete City. MARIA BULAY-OG. MARIA CARMELA R. G02-11-004662 issued by LTO Dumaguete and valid until: December 31. 50505 MCLE Compliance Certificate No.N.

CAUPAYAN and SERNA. 50505 MCLE Compliance Certificate No.N. KENNETH KRISTIAN CRUZ Affiant SUBSCRIBED AND SWORN to before me this 10 th day of December 2016 at Dumaguete City. KENNETH KRISTIAN CRUZ. 5. BOLLOS. IV-00011111 11/21/15 Doc. 876543 /01-03-13/Dumaguete City T. This affidavit of service is executed in accordance with Sections 3. I have hereunto affixed my signature this th 10 day of December 2016 at Dumaguete City. Dumaguete City. 4. No. 5. 0123456/01-14-14/Dumaguete City IBP No. AFFIDAVIT OF SERVICE AND EXPLANATION I. single. 2016. IN WITNESS WHEREOF. and a resident of Dumaguete City. do hereby depose and say that: I am the secretary of the LAW OFFICES OF ARIOLA. On December 10. 46 Page No. 143-143-143 Roll of Attorney’s No. I personally served a legible copy of this ANSWER. MARIA CARMELA R. after being duly sworn to in accordance with law. 10 . Philippines by the affiant who is personally known to me.I. pursuant to Sections 3. 4. at his residence in 123 Barangay Bagacay. Philippines. 10 and 11 of Rule 13 of the Rules of Court. of legal age. CAUPAYAN PTR No. 10 and 11 of Rule 13 of the Rules of Court to JUAN TAMAD.

XX Series of 2016 .Book No.

hereinafter called the VENDOR. and which property is more particularly described as follows. . including all other improvements found thereon. free from all liens and encumbrances. The VENDOR has notified the adjacent landowners of the above said sale and they have manifested their unwillingness to buy the same pursuant to the provision of the New Civil Code. Dumaguete City. TRANSFER and CONVEY. WHEREAS. Dumaguete City.000. the VENDOR is the owner of a certain parcel of land known as Lot No. and a resident of Barangay Bagacay. and resident of Tanjay City. WITNESSETH: That WHEREAS. 20. Psu-01-23-456789. interests. of legal age. paid to the BDO account of the VENDOR with the no. for and in consideration of the sum of THIRTY-FIVE THOUSAND PESOS (P35. hereinafter called the VENDEE. 003400392256. Negros Oriental. married to Mario Bulay-og. Negros Oriental. 20. located in Barangay Bagacay. all his shares. in favor of the VENDEE. ORIGINAL CERTIFICATE OF TITLE NO.in favor of - MARIA BULAY. Psu-01-23-456789. more or less……………. [ ANNEX “A” ] DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: This instrument executed by and between: JUAN TAMAD. covered by Orignal Certificate of Title No. WHEREFORE. Filipino. . Negros Oriental. the full receipt of which is hereby acknowledged to the latter’s full and complete satisfaction. containing an area of FIVE HUNDRED (500) SQUARE METERS. its successors and assigns. Filipino. single. the VENDOR do hereby SELL. Lot No. located in Barangay Bagacay. 1122 of the Register of Deeds of Negros Oriental. premises considered. the VENDOR offered to sell the said property to the VENDEE and the latter is willing to purchase the same . Dumaguete City.. and participation in the above described property. in a manner absolute and irrevocable. 1122 A parcel of land. Negros Oriental.OG of legal age.00) Philippine Currency.

IN WITNESS WHEREOF.OG Vendee Driver’s License No. Philippines.# 7332-0693A-F2568EBT20001-9 Issued at Barangay Bagacay. That the VENDOR do hereby warrant valid title and peaceful possession of the above-described property herein sold. Dumaguete City and MARIA BULAY . and further warrant that he will protect the VENDEE from any and all claims by other persons relating to the said property. 2013 Signed in the presence of: Nina Rose Abiquil Mary Junriza Cimeni . JUAN TAMAD Vendor Voters I. we have hereunto affixed our signatures on day of 17th day of November 2013 at Dumaguete City.D. G02-11-004662 issued by LTO Dumaguete Valid until: December 31.

No. fully aware of its nature. the VENDEE and their instrumental witnesses.25 Page No. a Notary Public for and in Dumaguete City.I. consequences. MARQUEL PEONILA PTR No. Philippines. voluntarily. this 17th day of November 2013. ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES ) CITY OF DUMAGUETE ) S. IV-00022222 11/21/15 Doc. Philippines. X Series of 2013 . and implications. personally appeared the above-named persons exhibiting to me their government-issued identifications cards as mentioned above. 0987654 01-14-14/Dumaguete City IBP No. This instrument which consists of three (3) pages including this page where this acknowledgment is written has been signed on all pages by the VENDOR. in Dumaguete City. known to me and to me known to be the same persons who executed the foregoing instrument and who acknowledged to me that they executed this deed freely. 123456 /01-03-13/Dumaguete City T.S BEFORE ME.5 Book No. 121212 MCLE Compliance Certificate No. WITNESS MY HAND AND SEAL. 123-123-123 Roll of Attorney’s No.N. and intelligently.

[ ANNEX “B” ] ate ninin’s affidavit .

[ ANNEX “C” ] ate mary’s affidavit .

[ ANNEX “D” ] kil2’s affidavit .

[ ANNEX “E” ] bdo deposit slip (ako ray kuha ugma) .

000. Negros Oriental.00) as payment of property situated in Banilad. Dumaguete City. 0987654 01-14-14/Dumaguete City IBP No. and a resident of Bagacay. 123456 /01-03-13/Dumaguete City T. Known to me and to me known to be the same person who executed the foregoing instrument and he acknowledged to me that the same is his own free act deed. November 17.6 Book No. Dumaguete City. 7332-0693A-F2568EBT20001-9 issued at Barangay Bagacay. IV-00022222 11/21/15 Doc. [ ANNEX “F” ] ACKNOWLEDGMENT RECEIPT I.S. with voters ID no. 123-123-123 Roll of Attorney’s No. JUAN TAMAD.N.I. Dumaguete City. at the City of Dumaguete. Filipino. of legal age. Dumaguete City. 2013. X Series of 2013 . BEFORE ME this 17th day of November 2013. MARQUEL PEONILA PTR No. 121212 MCLE Compliance Certificate No. No. do hereby received and acknowledged the amount of THIRTY-FIVE THOUSAND PESOS (P35.26 Page No. JUAN TAMAD Seller Signed in the presence of: Nina Rose Abiquil Mary Junriza Cimeni Republic of the Philippines ) Dumaguete City ) S. Philippines.

Negros Oriental. 1122 covering Lot 20. Sincerely. I want to have the lot title immediately transferred under my name as I have plans of building a residential house over the said property by January next year. MARIA BULAY . 2013 JUAN TAMAD 123 Brgy. This is pursuant to the Deed of Absolute Sale that we executed over the same property last November 17. 2013. As the new owner.OG . [ ANNEX “G” ] November 30. Bagacay Dumaguete City Dear Juan Tamad: Greetings! Consider this letter as a formal demand for the delivery of OCT No. Psu-01-23-456789 situated in Bagacay. Dumaguete City.

Angelica Ariola. I have been very considerate of your excuses and delays. Sincerely. 2013. Bagacay Dumaguete City Dear Juan Tamad: Greetings! I have sent several informal and formal demands for the delivery of OCT No. 1122 covering Lot 20. 2013 JUAN TAMAD 123 Brgy. I want to have the lot title immediately transferred under my name as I have plans of starting to build a residential house over the said property by January next year. As you already know. Psu-01-23-456789 situated in Bagacay. Negros Oriental pursuant to the Deed of Absolute Sale that we executed over the same property last November 17. MARIA BULAY – OG . Dumaguete City. Please comply with your legal obligation to deliver the OCT of the subject property to me or my counsel. [ ANNEX “H” ] December 30. Atty. for processing of a TCT under my name.

[ ANNEX “I” ] building permit signed by bever (issued January 30. 2014) .