Republic of the Philippines
‘MUNICIPAL TRIAL COURT IN CITIES
7 Judicial Region
Branch __
Cebu
BIEN V. NIDO,
Plaintiff,
~ versus ~ CIVIL CASE NO.
For: Unlawful Detainer and
Damages
HERMOGINES,
Defendant,
x “x
ANSWER
COMES NOW, defendant HERMO GINES, through
counsel, in answer to the Complaint received onDecember 20,
2019 filed by plaintiff BIEN V. NIDO against defendant,
respectfully states that:
1. Paragraphs 1 to 3 and 10 are ADMITTED.
2. Paragraphs 4 and 5 are specifically DENIED under oath for
lack of knowledge or information sufficient to form a belief as
to the veracity or falsity thereof, the allegations therein being
matters known only to, and are within the control only, of the
plaintiff.
3. Paragraph 6 is partially admitted as to the defendant's
occupancy of the subject lot. However, defendant denies that
the possession is unlawful.
4. Paragraph 7 is specifically DENIED for lack of knowledge or
information sufficient to form a belief as to their truth or
veracity.
Paragraph 9 is specifically DENIED as defendant duly
attended the barangay conciliation and did not fail to obey
the summons and to appear for hearing.
6. Paragraphs 18 to 22 are specifically DENIED as defendant's
right to possession is not by mere tolerance of the plaintiff.
Defendantacquired possession of the subject propertyjuridical act, specifically through the issuance of a free
patent.
AFFIRMATIVE AND SPECIAL DEFENS!
7. The plaintiff's complaint is inadequate as to when and how
possession by tolerance of the defendant began. In his
complaint, the plaintiff only made a general claim that the
defendant’ possessed the property upon the former's mere
tolerance sans factual substantiation. Such that, failure of the
complainant to allege key jurisdictional facts constitutive of
unlawful detainer is fatal and deprives the MTCC of
jurisdiction over the action.
8. The defendanthas been in an open, continuous, exclusive,
notorious and adverse possession IN THE CONCEPT OF AN
OWNER AND FOR VALUE as early as 1973 over Lot 1 Block
1, of the subdivision plan PSD-07-0123456, situated in the
Barrio of Babag, City of Cebu, Island of Cebu. The title and
ownership over the subject property under the name of the
defendant is covered by Original Certificate of Title No. 6969.
A copy of the certificate of title is attached as Annex “A”.
9. The subject property is currently declared for taxation
purposes in the name of defendant dated as early
asDecember 12, 1973 under Tax Declaration No. 73-21-001-
648-A; and the most recent tax declaration dated at March
29, 2019 covered under Tax Declaration No. GRC6-19-163-
14322-TL. A copy of the said tax declarations are hereto
attached and marked as Annexes “B” and “C”
respectively.
10, It is admitted that the defendant received money as financial
assistance and signed the acknowledgment of receipt of
money. However, the defendant vehemently denies
acknowledging plaintiff's ownership of the property. He was
ticked into signing the said document through plaintiff's
fraudulent machinations.
11, The acknowledgment receipt is written and prepared by the
plaintiff.
12.The plaintiff offered the defendant financial assistance in
exchange of defendant's signature.
13.Defendant, in dire need of financial assistance, willingly
received the money and signed the document. :14,The defendant was not able to fully understand the contents
‘of the acknowledgement receipt and the same was not
explained fully by the plaintiff.
45.Although it has already been held by the Supreme Court that
the MTCC can pass upon the issue on possession without
adjudicating ownership when the issue of ownership is raised
in the unlawful detainer case, the said principle does not
apply in this case as the defendant has been the lawful
possessors of the property and said possession was
uninterrupted, peaceful, and adverse before the plaintiff's
claim.
BY WAY OF TERCLAIM
16.Due to the filing of this baseless complaint, the defendant
suffered sleepless nights and serious anxiety. And he
suffered not only in his sleepless nights, but also in daytime
wherein the filing of this case is like a stamp on his forehead
announcing to the whole world that he is in danger of being
ejected from his very own dwelling, hence besmirching his
reputation. Thus, plaintiff should’ pay the defendant the
amount of P100,000.00 for MORAL DAMAGES.
17.To serve an example and to deter the filing of similar baseless
complaints, plaintiff should be made to pay defendant
50,000.00 for EXEMPLARY DAMAGES.
18. Likewise, due to the filing of this baseless complaint, herein
defendant was constrained to engage the services of herein
counsels which he has paid the amount of P30,000.00 as
acceptance fee, aside from the litigation expenses he would
incur in the amount of not less than P10,000.00, which
should be paid by the plaintiff.
PRAYER
WHEREFORE, the defendant prays that Judgment be
rendered DISMISSING the Complaint forlack of jurisdiction with
costs against the plaintiff.
It is also most respectfully prayed unto this Honourable
Court that Moral Damages in the amount of P100,000.00;
Exemplary Damages in the amount of P50,000.00; Attorney's Fees
in the amount of P30,000.09; Litigation expenses in the amount of
P10,000.00 be granted.Defendant prays for such further or other reliefs as may be
deemed just and equitable.
Cebu City, 30 December 2019.
BACALTOS EPE LAPE LEDESMA MAYORDO CANDOLE
(BELL MC LAW)
Counsel for the Defendant
B-3 VHT Arcade, F. Cabahug St.
Corner Almendras St., Cebu City
Telephone: (032) 231-3288
By: o—
JAYSELLE R. BACALTOS
PTR No. 080464
Issued on January 3, 2019
Cebu City
IBP No. 0656565, 1-3-2019
Atty. Roll No. 656502
ae MAYORDO
PTR No. 121393
Issued on January 3, 2019
Cebu City
IBP No. 0655667, 1-3-2019
Atty. Roll No. 121393
AndRepublic of the Philippines)
City of Cebu )SS.
RIFICATION &
CERTIFICATION OF NON-FORUM SHOPPING
1, HERMO GINES, after having been sworn to in accordance
with law, do hereby depose and declare that:
1, Tam the Defendant in the instant case;
2. That I have caused the preparation of said answer.
3. That I have read the allegations therein contained, and
that the same are true and correct of my personal
knowledge.
4. That I have not theretofore commenced any action or
filed any claim involving the same issues in any court
or tribunal, or quasi-judicial agency and, to the best of
my knowledge, no such other action or claim is pending,
therein; and if I should thereafter learn that the same
imilar action or claim has been filed or pending, I
shall report that fact within (5) days therefrom to the
court wherein the aforesaid complaint or initiatory
pleading has been filed.
IN WITNESS WHEREOF, I have hereunfo set my hand this
30 December 2019 at Cebu City. [ye
‘SUB:
December 2019, at Cebu City.
SCRIBED AND SWORN to before me this 30" day of
Lyf December 31, 2021
PTR No, o80G89
Series of 2019. Seed 01/03/2019 Erba Cy
‘Ate. all No, 080989
Copy Furnishec
ATTY, KARLA LYSHA J. LASTIERRE,
Counsel for plaintiff
2°! Floor, USPF Building
Salinas Drive, Lahug, Cebu CityANNEX“A"
REPUBLIC OF THE PHILIFPINES
DEPARTMENT OF JUSTICE
‘Land Registration Commission
OFFICE OF THE REGISTER OF DEEDS FOR THE
Griginal Certificate of Title
oe
FREE PATENT No(@3)213
Now, rumor, eww ve, Thot by ethonty of te Coutltin
‘he groiina thro and of the fara anc fat Ne ae Cady
te'aerebypramted wath po “HERMO. GIRS,
pahepn ee‘TECHNICAL DESCRIPTION
101 no, 2, BLOCK 1
Sertetning on aren of THREE unoRED scUARE
AT points are marked on the ground by Standard
Corners Hort
‘BeciNaNe Ar A PORNT MARKED "1"
This survey project vas surveyed under and by the
order of the Director of Lands, City of Ceby. Phi
This Tot was surveyed on Decenber to Au
Tor and by huthority of the
elk
Aste Supervising Land IkewinerCertified True Copy Fron Office File
(OR, No, 111505
* Decenber 12, 1973
Geo erty.
IMPORTANT: Isuod for taxation purposes and should not be considered a tile to the property
Date Issued
Tesued AT
ANNEX'BY
ThebeEuirunowno 73-21-001-648-A ee-o1e-c7-0189
40; ceoGeeEO GONEO
Ei Te300
Decuarumion or cent enAr any
‘ower __ ERM GINES eABAG, CEBU CITY
DESCALPTION AND OTHER PARTICULARS OF PROPERTY
ew trey ceo ca. oe
etsy ocr = 5060 ccs No LOT ALKL Asx é
se: nou ot
Pau?Certified True Copy From office File
IMPORTANT: Issued for taxation purposes and should not be considered ttle tothe property
Date Issued: varch 29, 2019
Issued AT : Cebu City,
OR. No. 2625899
ANNEX"
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TARDCCAaonNo GRCE=19-363~34322-TL
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DESCRIPTION AND OTHER PARTICULARS OF PROPERTY
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