Republic of the Philippines

REGIONAL TRIAL COURT

Branch 31
11th Judicial Region
Tagum City, Davao del Norte

DOMINIC GUTIERREZ CIVIL CASE NO. 1234-20

Represented by DOMINADOR
l. GUTIERREZ, Plaintiff

-versus- FOR:

ALFREDO CULLADO RECOVERY OF POSSESSION

WITH Defendant, PRELIMINARY
MANDATORY
X-------------------------------/ INJUNCTION AND
TEMPORARY RESTRAINING
ORDER AND DAMAGES

ANSWER WITH AFFIRMATIVE DEFENSES AND COUNTERCLAIM

ADMISSIONS AND DENIALS

1. The allegations in paragraph 1 and 2 of the complaint as to the personal circumstances of the
plaintiff and the defendant are ADMITTED.

2. The registered owner,in paragraph III, of that certain lot known as lot 221-A with an area of
EIGHTEEN THOUSAND TWO HUNDRED EIGHTY (18, 280) square meters. Located at Baranggay
Magugpo West, Tagum City covered by Original Certificate of Title No. P-61499 is Dominic
Gutierrez and is ADMITTED. However, the said Original Certificate Title was obtained due to
fraud. According to Commonwealth Act 141, the land should be awarded to the those
individuals who are occuying the land in open, continouos, exclusive, notorious and actual
possession. The defendant is actually in an open, continouos, exclusive, actual and notorious
possession of the land prior to the issuance of the said title. Moreover, the plaintiff is not the
actual tiller of the said parcel of land.

3. In pragraph IV, the unlawful entry of the defendant in the land is DENIED. As stated in above
paragraph, since the Original Certificate Title is maliciously obtained, the defendant’s entry into
that land is not unlawful.

4. The allegations in pragraph V is ADMITTED.

5. Pragraph VI allegations is ADMITTED not to cause the injury of the plaintiff but as to plants
therein. The defendant cannot vacate the property because of the crops planted. It would cause
 great loss on the part of the defendant as to the harvest and fruits monetarily. According to
Article 452 of the Civil Code, the buikder, planter or sower in bad faith is entiitled to
reimbursement for the necessary expenses of preservation the land.

6. In paragraph VII, VIII, IX and X are DENIED. The defendant, due to the insisting demand of the
plaintiff on vacating the subject is entitled for reimbursement and payment for damages, such as
expenses for the necessary presevation of the land for the period of occupancy of the
defendant, ONE HUNDRED THOUSAND PESOS (100,000.00), the value of the tress planted
therein, ONE HUNDRED THOUSAND PESOS (100,000.00), reimbursement of the value of the land
preparation expenses, the seeds bought for planting and the value of the expected harvest of
the crops TWO HUNDRED THOUSAND PESOS (200,000.00) and damages and attorneys fee.

PRAYER

WHEREFORE, premises considered, , it is respectfully prayed for in the Honorable Court an oder
be issued DENYING the manadatory and preliminary injunction and consequently issue an order
DISMISSING the instant case and at the same time order the plaintiff to pay the following amounts:

1. 100,000.00 as payment for necesarry expenses in the preservation of the land.

2. 200,000.00 reimbursement for the expenses on the crops planted.
3. 100,000.00 as payment for the trees and plants in the land
4. 50,000.00 for moral damages
5. 50,000.00 for the expenses incurred during the proceedings.

Other just and equitable reliefs under the circumstances are likewise prayed for.

RESPECTFULLY SUBMITTED