Republic of the Philippine

REGIONAL TRIAL COURT OF LANAO DEL NORTE

12th Judicial Region
Hall of Justice, Iligan City
Branch 05

SHAMANTHA IMPERIAL,
Plaintiff, CIVIL CASE NO. 6830
-versus- for- Quieting of Title,
Annulment of Deed of Absolute
SHAWNDRINO VILLALOBO. Sale, Cancellation of TCT No.
AND REGISTRY OF DEEDS 123-12345678901,
FOR ILIGAN CITY represented Reconveyance and Damages
by JOERICH MILA CUEVAS,
Register of Deeds of Iligan
City
Defendants.

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

ANSWER WITH COUNTERCLAIM

Defendants, through the undersigned counsel, most respectfully file their Answer in
response to the Complaint of the Plaintiffs and interpose as well as their counterclaim
against the latter, to wit:
Admissions and Denials

1. Paragraphs 1, 2, 3, 4, 5, and 6 are admitted;

2. Paragraph 7 is denied in so far as the allegation of the plaintiff’s capacity as an
owner of the subject property;
3. Paragraph 8 is denied in so far as the allegation that plaintiff’s parents were illegally
and unlawfully deprived possession thereof by defendant;
4. Other than the allegations in Paragraph 9 that the cancellation of the Transfer
Certificate Title (TCT) No. 29849 (a.f) by Transfer Certificate Title (TCT) No. 123-
12345678901 issued in the name of defendant Shawndrino Villalobo upon the basis
of a Deed of Sale executed on August 3, 2015 by the late spouses Magnus and Maria
as vendor in favor of defendant Shawndrino as vendee (a machine copy of Deed of
Sale dated August 3, 2015 is marked ANNEX E and TCT No. 123-1234567890
marked ANNEX F in the Complaint), the rest of the allegation is denied, the truth
being that stated in the affirmative and special defenses hereunder;
5. Paragraph 10 and 11 are denied the truth being stated in the affirmative and special
defenses hereunder;
6. Paragraph 12 is denied for lack of information or knowledge sufficient to form a
reasonable belief thereof;
7. Other than the allegation in Paragraph 13 that the defendant was able to register it
with the Registry of Deeds of Iligan City, and caused the cancellation of Transfer
Certificate Title (TCT) No. 29849 (a.f) and issuance of TCT No. 123-1234567890
issued in the name of defendant Shawndrino Villalobo, the rest of the allegation is
denied the truth being that stated in the affirmative and special defenses hereunder;
8. Other than the allegation in Paragraph 14 that the subject property is guarded by
agents/representatives of defendant and the writing on the wall of the Apartment in
which the names of spouses Magnus and Maria were defaced and the phrases “NO
TRESSPASSING. THIS IS A PRIVATE PROPERTY”, with new TCT No. 123-
1234567890 was superimposed, the rest of the allegation is denied the truth being
 that stated in the affirmative and special defenses hereunder;
9. Paragraph 15 and 16 are denied for lack of information or knowledge sufficient to
form a reasonable belief thereof;

Affirmative and Special Defenses

10. The Complaint filed by Plaintiffs is nothing but a malicious lawsuit, thereby
rendering it dismissible outright;
11. No cloud of title exists nor is there a need for a quieting of title that affects the
property mentioned by Plaintiffs in the Complaint which was previously covered by
Transfer Certificate of Title (TCT) No. T-29849 (a.f).
12. The Plaintiff has no legal or equitable title to the subject property. Under our existing
laws, to be able to bring an action to quiet title to land or any interest therein, “the
plaintiff must have legal or equitable title to, or interest in the real property which is
the subject matter of the action.” (Art. 477 of the New Civil Code);
13. Defendant most respectfully submit that the Complaint hardly qualifies for a quieting
of title because they have not established equitable or legal title to the parcels of land
in question;
14. That the Deed of Absolute Sale dated August 3, 2015 is a valid instrument duly
executed in accordance with law by the Spouses Magnus and Maria Imperial as
Vendor in favor of Defendant Shawndrino Villalobo as Vendee.
15. That said Deed of Sale was notarized as Document No. 57 and recorded on Page 13
of Book 1, Series of 2015, of the Notarial Register of Atty. Manuel Nicholas L.
Aguilar. A copy of the notarized Deed of Sale is here in attached marked as ANNEX
1.
16. That in consideration to the Deed of Absolute Sale, Defendant issued a bank check in
the amount of Seven Hundred Thirty Thousand Pesos ( P730, 000.00) as monetary
consideration thereof. A copy of the bank check is here in attached marked as
ANNEX 2.
17. That due to the validity and due execution in accordance with law of the Deed of
Sale dated August 3, 2013, defendant in good faith was able to register it with the
Registry of Deeds of Iligan City, and caused the cancellation of Transfer Certificate
Title (TCT) No. 29849 (a.f) and issuance of TCT No. 123-1234567890 issued in the
name of Defendant Shawndrino Villalobo. A copy of TCT No. 123-1234567890 is
here in attached marked as ANNEX 3.
18. That the Spouses Magnus and Maria Imperial never questioned the validity of the
Deed of Absolute Sale in a proper court during their lifetime. Thus, there is no
existing order issued by a competent court declaring said Deed of Absolute Sale nul
and void.

Counter Claim

19. Due to the malicious filing of this instant suit, Defendants have hired the services of
the undersigned counsel for an agreed amount of Five Hundred Thousand
(P500,000.00).
20. The Defendant has suffered sleepless nights and besmirched reputation which when
quantified in monetary terms is in the amount of Five Hundred Thousand
(P500,000.00)

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court that after due notice and hearing, for the dismissal of the complaint and the award
of counterclaim to the Defendant.

Other reliefs and remedies which are just and equitable are likewise prayed for.
August 2, 2017, Iligan City, Philippines.

PEARSON, SPECTER, LITT LAW OFFICE

Counsel for Plaintif
Suite 302-305, 15F The Suits Tower.
Poblacion, Iligan City

by:

ATTY. NATASHJA ERIKA P. TORRES

IBP OR No. 121016, 5/23/17- Iligan City
IBP Roll. No. 72790/ TIN 1234567
PTR No. 12345678 9/10/17
MCLE No. IV 90317- 10/13/16

copy furnished to:

ATTY. SHIELALAH JING A. AGWANTAHI

Counsel for Plaintif
VENCEREMOS LAW OFFICE
Room 202-203, 2F Garden Bldg.
Sabayle, Iligan City