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Republic of the Philippines

12th Judicial Region


MUNICIPAL TRIAL COURTS IN CITIES
Cotabato City

MARIAM V. GUIALANI
Plaintiff, CIVIL CASE NO. 3341

-vs- -for-

SPS. ASSIDA A. LAO RECONVEYANCE OF


TITLE
and LININDING M. LAO WITH PRAYER FOR
DAMAGES
AND FAISAL B. UNGKAKAY AND ATTORNEY’S FEES
In his capacity as the OIC
Register of Deeds of Cotabato City
Defendants.
x-----------------------------------------x
_______________
__A N S W E R__

C OMES NOW the Defendants, by undersigned


counsels and in answer to plaintiff’s complaint, respectfully
alleges that:

ADMISSION/DENIAL with DEFENSES

1. Defendants-Spouses ASSIDA and LININDING


LAO admit paragraphs 1, 2 and 3 of the complaint in so far
as the plaintiff’s and defendant’s personal circumstances are
concerned;

2. As to paragraph 4 of the complaint, the defendants


admit the fact that their title over the subject lot covered by
TCT No. 154-20170026661 was derived from the previous title
under TCT No. T-446012 whose registered owner therein was
Mariam V. Guialani, the plaintiff. The latter’s title was
cancelled and transferred under the plaintiff’s name pursuant
to a public instrument - a Deed of Sale3 which the plaintiff and
defendants executed last November 22, 2016 at Cotabato
City. The defendant’s were able to successfully transferred the

1
Attached as an integral part of this Answer, marked as Annex “1”.
2
Attached as an integral part of this Answer, marked as Annex “2”.
3
Attached as an integral part of this Answer, marked as Annex “3”.
title under their name for they possessed the complete
requirements needed for such transfer, such as among others,
a Deed of Sale and the Original’s Duplicate Copy of TCT No.
T-44601. It is presumed that one who possess the Original
Duplicate

3. As to paragraph 5 of the complaint, the defendants


accede to the fact that they possess a Deed of Sale, which
was mentioned above. However, it must be worthy to note
that for a title to be cancelled and be transferred to another
person, the latter must not only possess a Deed of Sale but
also the Original’s Duplicate Copy of the title to be cancelled,
among others. The question now, is how does the defendants
were able to possess such Original’s Duplicate Copy of the
title? The answer to it lies to the existence of a third person
in the name of Baican Abutazil (hereinafter referred to
as “Baican”). The truth to this matter is that, it was actually
Baican who sold the property to the defendants for she was
the legitimate and rightful owner over the subject land at the
time that she sold the property to the defendants, for she
possessed and was able to present to the defendants a Deed
of Sale4, dated March 25, 2007, executed between Baican and
the plaintiff. It must be worthy to recall, that such Deed of
Sale5 was actually recognized as genuine by the plaintiff for
she even submitted it before this Honorable Court as part of
her documentary evidence in her complaint.

4. The defendants relied heavily on such Deed of Sale


possessed by Baican for them to be convinced by the latter to
buy the subject land.

DEFENSES

4
Attached as an integral part of this Answer, marked as Annex “4”.
5
Attached as an integral part of this Answer, marked as Annex “5”.
There being no valid demand to vacate, this Honorable Court did not acquire jurisdiction form the
very beginning, as demand to vacate is jurisdictional in unlawful detainer. Perforce, the only
jurisdiction on this Honorable Court is to dismiss this case against defendant.

DAMAGES AND ATTORNEY’S FEE

COUNTERCLAIMS

Defendant further repleads her earlier averments, and by way of Counterclaims further avers
that:

10. Having been maliciously dragged to court by the filing of this unfounded and baseless
suit, defendant suffered sleepless nights, mental anguish, wounded feelings, besmirched reputation,
serious anxiety, moral shock and social humiliation, of which she can only be atoned if the plaintiffs
be made to pay her the amount of P50,000.00, as and for moral damages.

11. Defendant had already incurred and still will likely incur litigation expenses until the
termination of this case, in the amount of P20,000.00, more or less, which amount should be charged
against plaintiff.

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgment be rendered in favor of the defendant and against the plaintiffs as follows:

a) Dismissing the Complaint.

b) Ordering the plaintiffs to pay the defendant the following amounts:

b.1) P50,000.00 - as and for moral damages

b.2) P20,000.00 - as and for litigation expenses


Defendant prays for other relief and remedies consistent with law and equity, and for
costs.

PRAYER

W HEREFORE, it is respectfully prayed that:

(a) Nkvnkds

(b) Hvlihdsklf

(c) For such other relief consistent with law and equity, and
for costs.

Cotabato City, March 15, 2019.

A TTY. NASIFF BRIAN O. MEDITAR, RN


Counsel for the Intervenor
Unit 3B, 2nd floor, MS Building,
Don TV Juliano, Cotabato City
09177108049/(064) 557-3961
Roll of Attorney No. 72158
IBP No. 1071139 (1-28-19; Cotabato City)
PTR No. 3070134 (1-04-19; Cotabato City)
MCLE Compliance No. (Admitted in 2018)

COUNSEL FOR DEFENDANTS


Republic of the Philippines }
City of Cotabato } S.S.
x---------------------------------------x

____________________________________
V ERIFICATION AND CERTIFICATION
_______OF NON-FORUM SHOPPING_______

I, ARMANDO TRILLANA, of legal age, Filipino, married, a


resident of Sta. Maria St. MBRH, Cotabato City, Philippines, and acts
as a representative in behalf of the other plaintiffs, after having been
duly sworn to in accordance with law, do hereby depose and state with
the knowledge and consent of the other plaintiffs:

1. That I am a plaintiff and acts as a representative in behalf of


the other plaintiffs in the above-stated case;

2. That we caused the preparation of the foregoing complaint;

3. That we have read the contents thereof and the facts stated
therein are true and correct of our personal knowledge and/or
on the basis of copies of documents and records in my
possession;

4. That we have not commenced any other action or proceeding


involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

5. That to the best of our knowledge and belief, no such action


or proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

6. That if I should thereafter learn that a similar action or


proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or agency, I
undertake to report that fact within five (5) days therefrom to
this Honorable Court.

I N WITNESS WHEREOF, I have hereunto set my hand in


behalf of other plaintiffs, this ____ day of February 2019 in the City of
Cotabato, Philippines.

ARMANDO TRILLANA
Affiant
S UBSCRIBED AND SWORN to before me in the City of
Cotabato this ____ day of February 2019 by ARMANDO TRILLANA,
who has satisfactorily proven his identity to me through his competent
proof of identity - ___________________________________, that he
is the same person who personally signed the foregoing affidavit
before me and acknowledged that he executed the same.

Doc No. _____;


Page No. ____;
Book No. ____;
Series of 2019.