REPUBLIC OF THE PHILIPPINES

SECOND JUDICIAL REGION

MUNICIPAL TRIAL COURT
DIFFUN, QUIRINO
-0-

SPS. AAA and BBB, Civil Case No.

Plaintiffs, For: Recovery of Possession,
Damages, Attorney’s Fees,
And Costs of Suit with Prayer for the
Issuance of Preliminary Mandatory
Injunction

-versus-

CCC, SPS. DDD and EEE, FFF,

GGG and SPOUSE, and all persons
Claiming rights under them,
Defendants.
X-------------------------x

VERIFIED ANSWER
Defendants, thru counsel, most respectfully aver:
1. Defendants herein, as represented by only one counsel, collectively admit
paragraphs 1, 2, 3, 4, and 5 of the Complaint;
2. Paragraphs 6, 7, and 8 of the Complaint are specifically denied for lack of
knowledge sufficient to form a belief as to the truth thereof;
3. Paragraph 9 is admitted by defendants CCC and FFF being the only
defendants privy to the same and thus specifically denied by the rest of the
defendants;
4. The portion of paragraph 10 which states the enforcement of the said
Agreement is admitted by defendants CCC and FFF but is specifically denied
by the rest of the defendants for lack of knowledge sufficient to form a belief
as to the truth thereof for not being privy thereto, while all of the defendants
vehemently deny the portion which claims that they encroached on the
plaintiffs’ property;
5. Defendants CCC and FFF admit but with qualification those portions of
paragraph 11 stating the enforcement of the survey results and the refusal of
defendants CCC and FFF to honor and recognize said survey results;
6. All the defendants admit but with qualification paragraph 12;
7. All the allegations in paragraph 13 are vehemently denied for being invented
stories;
8. Paragraphs 14, 15, and 16 are admitted by the defendants except that
portion of paragraph 16 which talks about the litigation expenses of the
 plaintiffs in instituting this action, the reason being the lack of knowledge
sufficient to form a belief as to the truth thereof;
9. Paragraph 18 is denied due to defendants’ lack of knowledge sufficient to
form a belief as to the truth thereof – defendants cannot know their state of
mind;
10.Paragraph 19 is likewise denied being a hasty conclusion, the truth of which
is still to be ascertained;
11.Paragraph 20 is vehemently denied, defendants herein with all honesty of
intention believe that it is them who have the right over the disputed portion
of the subject property;
12.Paragraphs 21, 22, 23, and 24 are likewise denied as defendants lack
knowledge sufficient to form a belief as to the truth thereof;
13.An Agreement that a survey be conducted and that the results thereof be
honored, as already admitted, truly took place. However, there was also an
agreement that said survey be done by an engineer who is independent or
otherwise uninterested in the issue. To the shock and dismay of defendants
CCC and FFF, it turned out that the engineer who conducted the survey is a
family friend of plaintiffs herein;
14.Consequently, and as already admitted above, defendants CCC and FFF
refused, but only justifiably so, to recognize and honor said Agreement
particularly the survey results for having been, most probably, tainted with
bias due to the close relationship of the plaintiffs and Engineer HHH, the one
who conducted the survey;
15.Upon the conclusion of another survey conducted by an independent
engineer, Engr. Richard V. Gomez, defendants’ assertion has been confirmed
that indeed no encroachment whatsoever took place and that defendants
herein are occupying their respective parcel of lands only. The copy of the
said other survey is attached herein as Annex A1;
16.Defendants CCC and FFF brought this concern up before the Office of the
Punong Barangay only to be strong-armed by the Punong Barangay,
compelling said defendants unreasonably to just honor blindly what the
agreement to honor and recognize the survey results. If that is not enough,
defendants not very long after learned that the Punong Barangay goes to the
same church where plaintiffs go as the pastor of the same;
17. All the defendants admit that they did not appear before the Pangat before
the Office of the Punong Barangay for having observed and learned, thru
experience, and considered the possibility of a partial proceedings therein;
18.Defendants DDD, EEE, and GGG never touched that wooden fence much less
destroyed it. Said defendants moved no mojon. As a matter of fact, a
neighbor, one Rainer Recestas, who happened to be urinating in the bushes
at about 4 o’clock in the morning, the very day of the alleged incident, saw
plaintiffs AAA and BBB stealthily uprooting the said wooden fence and mojon
to make it appear that they were being harassed by herein defendants in

1
Annex A
 order to vex them with suits like this. The Affidavit of said witness is
attached herein as Annex B2;
19.Defendants herein honestly believe that no rights of plaintiffs have been
violated and the latter are thus not entitled to all the reliefs they seek;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this

Honorable Court to order the following:

1. Deny the prayer for the issuance of a writ of preliminary mandatory

injunction, and

2. After due proceedings:

(2.a.) To pay the defendants the amount of Thirty Thousand Pesos

(P30,000.00) for having been constrained to hire their lawyer, said amount
representing the acceptance fee of defendants’ counsel;

All other reliefs just and equitable in the premises are likewise prayed for.
 
Ramon, Isabela, for Diffun, Quirino; November 25, 2019.

VERIFICATION

We, CCC, SPS. DDD and EEE, FFF, GGG and SPOUSE of legal age, married,
Filipino, and with addresses of of Ricarte Norte, Diffun, Quirino, Purok 3, Aurora
East, Diffun, Quirino, Purok 3, and Aurora East, Diffun, Quirino, respectively, under
oath, hereby depose and state:

1. We are the defendants in the above-entitled case.

2. We have caused the preparation of, and have read, the foregoing
Answer and confirm that the factual allegations therein are true and
correct of our own personal knowledge and/or based on verifiable
information or authentic records.

IN WITNESS WHEREOF, I have hereunto set my hand this 25 th of

November 2019 at Quirino, Philippines.

CCC SPS. DDD and EEE

Affiant Affiants

2
Annex B
 FFF GGG and SPOUSE
Affiant Affiants

SUBSCRIBED AND SWORN to before me this 31st day of August 2015

at Makati City, affiant exhibiting to me their Philippine Passports Nos.
_________________valid until ________, as competent evidence of their
identity.

Doc. No. _____;

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