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 propertyjuridical 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 AndRepublic 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 CityANNEX“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 IkewinerCertified 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" — eave TARDCCAaonNo GRCE=19-363~34322-TL =, Saas Site prcrananonoreaantianty ataut « cme __ HEWO GaNES ee oa: ceo DESCRIPTION AND OTHER PARTICULARS OF PROPERTY inuncpey, BABAG. eeu crt a ree. eo 0 2200-150 — eo 6n000 poe — a : 00.08 20000