Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

SECOND JUDICIAL REGION
BRANCH I
Tuguegarao City

DOMINGO T. PAMITTAN CIVIL CASE NO. 3138

Plaintiff,

FOR:
versus
“RECONVEYANCE AND
DAMAGES”

TERESITA B. MABBORANG-ECLIPSE
and HEIR OF TERESITA B.
MABBORANG-DULIN
Namely: ALAN DIAZ
Defendants.

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

AMENDED ANSWER

DEFENDANTS, through the PUBLIC ATTORNEY’S OFFICE, by the undersigned

counsel and unto this Honorable Court most respectfully aver that

I. ADMISSIONS AND DENIALS

1. Defendants admit the allegations under paragraph 1, 2 and 3 of the

complaint;

2. Defendants SPECIFICALLY DENY the allegations contained in paragraphs

4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of the complaint for reasons stated
in the affirmative defenses.

3. Defendants DENY for lack of knowledge or information sufficient to form a

belief as to the falsity or truth of the allegations contained in paragraph 16,
17, and 18;

II. AFFIRMATIVE DEFENSES

1. Defendants are owners of the property subject of this suit as evidenced by

Certificate of Title No. 032-2013000076. They have been in possession of
the property by themselves or through their predecessors-in-interest since
time immemorial.

2. The 167. 38 square meter lot being claimed by the plaintiff is covered in
another land Title and pertains to a different lot.

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 3. Specifically, this 167.38 square meter portion is covered in Lot No. 4859
owned by Vicente Attaban.

4. Lot No. 4859 has an area of 1,938 square meter but in a Deed of Absolute
Sale1 dated May 30, 1963, this was sold by Vicente Attaban to the following
persons in their respective share, to wit:

Filomena Balauag 550 square meters

Rafael Conag 167.38 square meters
Pascual Tumbali 920.62 square meters
Buntun Catholic League 300 square meters

5. Subsequently, Transfer Certificate of Title No. T-204302 was issued on

November 6, 1972 transferring the ownership and title of Lot No. 4859 to
the above-named persons.

6. However, on July 12, 1984, the 167.38 square meter portion owned by
Rafael Conag was sold to Pascual Tumbali in a Deed of Sale of Lot No.
4859-C-1.3

7. From the foregoing, the 167.38 square meter portion being claimed by the
plaintiff clearly pertains to a different lot.

8. Since defendants and their predecessors-in-interest are the absolute and

lawful owners of the whole portion of Lot No. 4864 then the same was
rightfully titled in their favor.

9. Such being the case, plaintiff has no cause of action against the defendants.

PRAYER

WHEREFORE, defendants respectfully pray that this Court render judgment

dismissing the case for lack of cause of action.

Other reliefs and remedies just and equitable are likewise prayed for.

Tuguegarao City, Cagayan. March 16, 2017.

PUBLIC ATTORNEY’S OFFICE

Tuguegarao City
District Office
Counsel for the Defendants

By:

ATTY. MARYDINE CAMBRI MERCADO

1
Annex 1 Deed of Absolute Sale
2
Annex 2 Transfer Certificate of Title No. T-20430
3
Annex 3Deed of Sale of Lot 4859-C-1

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 Roll No. 64356
IBP No. 1068549; January 9, 2017, Cagayan
MCLE Compliance No. V-0014415;
Valid until April 14, 2019

NOTICE OF FILING AND SERVICE

THE CLERK OF COURT

MTCC 1
Tuguegarao City, Cagayan

ATTY. NOEL A. MORA

Counsel for the Plaintiff
Tuguegarao City, Cagayan

GREETINGS:

Please submit the foregoing amended Answer for the consideration of the
Honorable Court immediately upon receipt hereof.

Thank you.

Copies of the pleading will be filed and served to the plaintiff by registered mail in
lieu of personal service due to distance and lack of material time.

ATTY. MARYDINE CAMBRI MERCADO

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