Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 5
Mati City, Davao Oriental

HEIRS OF BENJAMIN CIVIL CASE NO .2495-19

MABAYAO,Represented by
CESAR MABAYAO FOR: RECOVERY OF
Plaintiffs; POSSESSION,
DAMAGES, ATTORNEY’S
-versus- FEES WITH PRAYER FOR
ISSUANCE OF WRIT OF
LITO P. LANQUIBO, PRELIMINARY
Defendant. INJUNCTION
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ANSWER

Defendant, assisted by the undersigned counsel and unto

this Honorable Court, most respectfully submit this Answer, dated,
September 4, 2019, as follows:

1. That paragraph 1 is admitted as the Special Power of

Attorney as Annex “ A “; it is qualified as to the rest of the information
; defendant have no sufficient knowledge as to the truthfulness and
falsity thereof;

2. That paragraph 2 is admitted;

3. That paragraph 3 is admitted as the attachment of Tax

Declaration No. 05-0025-00283; it is denied as to the Plaintiff being
owners of Lot 2238 as surveyed by Engineer Paglinawan ; Tax
declaration is not a proof of ownership; This should be titled; upon
verification with the Register of Deeds of Davao Oriental, Title for Lot
No. 2238 does not exist ; A title is a best evidence of ownership
because it is where the relocation survey must be based; Tax
declaration does not disclose the needed technical description in
which the Relocation Survey must be based; moreover, defendant
possessed this portion of land since July 12, 1993; nobody
questioned his occupancy;
 4. That paragraph 4 of the complaint is admitted;

5. That paragraph 5 is denied; Plaintiffs did not show any

document that the property was once owned by Benjamin Mabayao;
a Certified True Copy of the Sketch Plan ( Annex “ 1”) does not
show the names of the occupants; how it comes to be owned by
Benjamin Mabayao cannot be determined; no Tax Declaration in the
name of Benjamin Mabayao was presented as well as Land Title;
what was the basis of the transfer from Benjamin Mabayao to the
Heirs of Benjamin Mabayao ; that they are heirs of Benjamin
Mabayao is not supported with the needed documents ; having the
same family name is not a guarantee that you are heirs of a certain
person, Birth Certificates issued by the Philippine Statistics Authority
(PSA) of all the listed Heirs and Death Certificate of Benjamin
Mabayao should be presented;

6.That paragraph 6 is denied; as mentioned above, a

PSA Certificate of Death of Benjamin Mabayao should be presented
in order to determine how many days, months, years after the death
of Benjamin Mabayao, did Cesar Mabayao took over the possession
of the area, continued its cultivation and enjoyed harvesting the fruits
therein; defendants possessed the area since 1993; not even a
shadow of Cesar Mabayao showed to claim possession of the area,
except to harvest the coconuts planted by the defendant;

7. That paragraph 7 is admitted as the Survey conducted

by Engr. Hadjim Peniro being Annex “C”; it is denied as to the
validity of the survey because the Lot 2238 has no title and
technical description; what was the basis of the survey; the
neighboring occupants /possessor/owners of the four corners of the
land were not invited to witness when the said survey was
conducted;

8. That paragraph 8 is admitted as to the occurrence of a

strong typhoon named Pablo; it is denied as to Cesar Mabayao and
his family being “to temporarily vacate the area to reside in the town
proper” because they are really staying in the town proper and not
on the subject property;

9. That paragraph 9 is denied; plaintiff have not occupied the

subject area ever since; what they did after typhoon Pablo was to
sieze the opportunity of taking the farm while the Lito Lanquibo’s
Family were in Davao City; Cesar Mabayao forbid the father of Lito
Languibo to enter the farm; moreover; since the defendant acquired
the subject lot in 1993 from Florencio Limbing’ he has owned, and
possessed openly, publicly, and in the concept of an owner and
possessor, without any interruption from any person or persons
including the plaintiff and the owners of adjacent lots;

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 10. That Paragraph 10 is admitted as to the filing of qualified
theft against the Plaintiff; it is denied as to the validity of the
Relocation Survey done by Engr. Alan Paglinawan; from where did
he based his survey; was it from Engineer’s Pinero’s Survey; it must
be noted that the land has no title and the Survey of Engr. Pinero did
not even cited any reference from where he based his survey; During
the Relocation Survey, it was Cesar Mabayao who pointed where the
bounderies are; defendant reacted, but Engr. Paglinawan said that
nothing can change the result of the survey; moreover, the result is
very questionable; Lito Lanquibo encroached about 11,745 square
meters and Raul Fujicawa 6, 262 sq. meters ; this totaled to 18,007
square meters; this situation implied that the plaintiff had never
occupied nor planted anything on the whole area he claimed;

11. That Paragraph 11 is denied; the plaintiff had not demanded

for the defendant to vacate the property; no Demand Letter was ever
sent for defendant to leave the property; that would impossible
considering that the defendant have owned, and possessed openly,
publicly, and in the concept of an owner and possessor, without any
interruption from any person or persons including the plaintiff and the
owners of adjacent lots for more or less Twenty Six (26) years
already;

12. That paragraph 12 is denied; the issuance of Writ of

Preliminary Injunction should not be issued because of the foregoing
facts and arguments; plaintiffs had not planted anything on the
subject property as it is the defendant who possessed the area for
more or less 26 years.

13. That paragraph 13 is denied ; defendant had not done

anything violative of plaintiff’s right; he had purchased the land,
possessed and cultivate it; here comes the plaintiff who harvested the
coconuts which he never planted;

14.That paragraph 14 is admitted; plaintiff’s allegation were

not supported with evidence as he had not shown any legal
documents; such as Certificate of Title, Technical Description and
PSA Birth Certificate of the Heirs of Benjamin Mabayao and PSA
Death Certificate of the Benjamin Mabayao;

15.That paragraph 15 is qualified as to the yield of the said

encroached area; it is denied that it should be turn-over to the
plaintiff; he has no right to demand the fruit of the labor of the
defendant; moreover, the veracity of his ownership and the validity of
the Survey of Engineer Pinero and the Relocation Survey of
Engineer Paglinawan were not verified;

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 16. That paragraph 16 is denied; defendant had no sufficient
knowledge as to the truthfulness and falsity thereof

17. That paragraph 17 is admitted with qualification; his

ambition to harvest the fruits of another’s labor, prompted him to
litigate and incur such expenses;

18. That paragraph 18 is denied; defendant ‘s act of

defending his right over the land he possessed and cultivated for 26
years should be an example worth emulating ; no one should be
allowed to step on our right over the land we have tilled for a very
long period of time;

19. That paragraph 19 is denied; the plaintiff has no right over

the property considering that he allowed the defendant to owned, and
possessed openly, publicly, and in the concept of an owner and
possessor, without any interruption from any person or persons
including himself and the owners of adjacent lots for more or less
Twenty Six ( 26) years already ; moreover, his ownership over the
property be verified

20. That based on the foregoing facts and arguments, all

prayers of the plaintiff should not be granted

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that after hearing, judgment be
rendered dismissing the above captioned case;

Defendant further prays for such other reliefs and remedies

as maybe deemed just or equitable in the premises.

Mati City, Davao Oriental; ______________________.

LITO P. LANGUIBO
Defendant
I.D. No.

Assisted by:

BENIGNO JR, B. MASUNGCAD

Counsel for the Defendant
Madang, Mati City, Davao Oriental
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IBP No. 08913 – 05-14-19
PTR No. 0697269 -06-24-19
Roll No. 72298
MCLE Exempt (Admitted to the Bar on 2019

Republic of the Philippines)

Province of Davao Oriental) S.S.
City of Mati )
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VERIFICATION AND CERTIFICATION

I, LITO P. LANQUIBO, of legal age, Filipino, married, and a

resident of Sta. Fe, Caraga, Davao Oriental, after having been duly
sworn to in accordance with law, hereby depose and say:

That I am the defendant in this case; that I have caused the

preparation of the foregoing ANSWER ; that I have read and
understood the contents thereof, and that all allegations therein are
true and correct to the best of my own and personal knowledge and
of the authentic records and documents;

IN WITNESS WHEREOF, I have hereunto set my hand this

__________________, at Mati City, Davao Oriental.

LITO P. LANQUIBO
Affiant
I.D. No.

SUBSCRIBED AND SWORN TO before me this

_______________, at Mati City, Davao Oriental.

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