REPUBLIC OF THE PHILIPPINES

 8TH MUNICIPAL TRIAL COURT

8th Judicial Region
Hindang , Leyte

SPOUSES VIRGILIO AND

TERESITA CAPANGPANGAN
represented CIVIL CASE No. OS -17-270
. FOR : Declaration of Nullity
  Plaintiffs, ng Original na Titulo Blg.
Carp 2017000773 Patente
-versus-
Homestead Blg. 072240-
MEINARDO TEVES 2010-800
  Defendant.
x------------------------x

ANSWER WITH

GROUNDS IN SUPPORT OF A MOTION TO DISMISS

Defendant by counsel respectfully submits this Answer with

Grounds in Support of a Motion to Dismiss unto this Honorable
Court, and states:

Denials

1.The following paragraphs are specifically denied for the following

reasons:

1.1. Paragraph (subsequently referred to as “Par”. In singular

form, and “Paras”. in its plural form) 8, for being false . The plaintiffs
have not entered the property since the conveyance of Sale made
between Arsenio Teves and Luiz Gonzales. However, one of the
plaintiffs, named Marilyn Basilio or Marilyn Villarin in this case
entered the property sometime in March 2017 or this year. A house
made of light materials, newly built with no basic facilities such as

Answer with Grounds in support to Motion to Dismiss

Villarin vs. Teves
Civil Case No.OS -17-270
Page1of 8
toilet , electricity and etc. can’t be said to be a place of abode alleged
to be built long before. In fact, a case of ejectment was filed against
her – Marilyn Basilio some time in April. If she was there beforehand,
why would she enter the property with stealth and strategy.

1.2 Par.10 for being baseless, the Original Certificate of Title is in the
name of Meinardo Teves, with no erasures therefore unblemished, in
fact the plaintiffs themselves procured a copy of it from the Register
of Deeds hence, plaintiffs has no other way but to affirm what is
written therein and that is in the name Meinardo Teves.

1.3 Meinardo Teves has a residential house also located at Tangbo in

fact his Receipts of Electric Bill in his name will attest to that. The fact
the he is one of the predecessors -in -interest of Arsenio Teves whose
residence is in Tangbo will also follow that Meinardo can acquire the
same residence that of his father and his grandfather.

1.4 Paras. 12 and 13 for being false, because the plaintiffs lack the
personality to sue – the plaintiff is not the real party in – interest,
because only the Solicitor General can initiate the Action – in an
Action for reversion. Their claim of mental anguish, social
embarrassment are products of their own doing and no monetary
amount should be claimed from the defendant.

Counter – Statement of Facts

1. This property was cultivated by Luiz Gonzales. In 1946 he sold

some coconuts planted in that lot. In 1947 Luiz Gonzales sold
the lot and all the coconuts therein to Arsenio Teves the
grandfather of the Defendant. Attached are Exhs. “A “ and “B”
respectively , its contents are incorporated and made part of this
Answer by reference.

2. The subject lot being disputed in this case is described as Lot 5049
which the defendant possessed through his predecessors in
interest. Defendant Meinardo Teves was in actual, physical
possession of the property , he has a Some old and new tax
receipts are attached Exh. “C C-1….“ its contents are incorporated
and made part of this Answer by reference.

3. Meinardo Teves as one of the successors -in -interest cultivated the lot, he
planted some various trees in that lot and eventually applied for its

Answer with Grounds in support to Motion to Dismiss

Villarin vs. Teves
Civil Case No.OS -17-270
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 registration. Exh” D” Judicial affidavit of Neopolo Teves its contents are
incorporated and made part of this Answer by reference.

4. The lot 5049 was declared alienable and disposable , Exh. “E” its contents
are incorporated and made part of this Answer by reference.

5. Before the Original Certificate of Title is released by the Register of Deeds,

there must first be the Order for the Issuance of Patent. The applicant –
Meinardo Teves complied all the requirements of law and that the proper
authorities approved such application, thus there was an Order for the
Issuance of Patent . Exh. “F” is attached , its contents are made part of this
Answer by reference.

6. When the application was granted, Meinardo M. Teves caused the

cancellation of Tax Declaration number 12833 named under Florentina
Gonzales , he made a letter request addressed to the Municipal Assessor .
Unfortunately, no action was made by the Municipal Assessor . Attached
is the letter request made by Meinardo Teves Exh. “G” its contents are
made part of this Answer by reference.

7. The photographs Exh. “H” , “H-1” are photos of the house made of light
materials it imply that they never resided the house yet , and that it is
newly built only on the time when Marilyn Basilio one of the plaintiffs
occupied it and caused the cutting of the trees.

Special and Affirmative Defenses

and Grounds in Support of a Motion to Dismiss

1. ONLY THE SOLICITOR GENERAL

CAN INITIATE THE ACTION

It is clear that Lot No. 5049 was public land when Meinardo
Teves filed the homestead patent application. Any subsequent
action questioning the validity of the order of issuance a of
homestead patent on the ground of fraud, deceit, or
misrepresentation should thus be initiated by the State. The
State has not done so and thus, we have to uphold the validity
and regularity of the issuance of Patent as well as the

Answer with Grounds in support to Motion to Dismiss

Villarin vs. Teves
Civil Case No.OS -17-270
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 corresponding original certificate of title issued based on the
patent.

Assuming with out admitting that defendant acquired the Title in bad
faith , only the Solicitor General can file the Action.

In the case of Evangelista vs. Santiago, G.R. No. 157447 April

29, 2005, the court explained that “parcel of land titled illegally
would revert to the State if the Torrens title was cancelled, and
that it was the State, through the Office of the Solicitor General,
that should file for the annulment or cancellation of the title.”

Private persons may not bring an action for reversion or

any action which would have the effect of canceling a
land patent and the corresponding certificate of title
issued on the basis of the patent, such that the land
covered thereby will again form part of the public
domain.
( Commonwealth Act 141 as Amended ) 

“Only the OSG or the officer acting in his stead may do

so. Since the title originated from a grant by the
government, its cancellation is a matter between the
grantor and the grantee” . As ruled in Cawis v. Cerilles
April 19, 2010 ,G.R. No. 170207.

Section 101 of the Public Land Act clearly states:

SEC. 101. All actions for the reversion to the Government of

lands of the public domain or improvements thereon shall be
instituted by the Solicitor General or the officer acting in his
stead, in the proper courts, in the name of the Republic of the
Philippines.

2. HOMESTEAD PATENT PARTAKES OF A JUDICIAL TITLING.

A certificate of title issued pursuant to a homestead patent

partakes of the nature of a certificate issued as a consequence of
a judicial proceeding, as long as the land disposed of is really
indefeasible and incontrovertible upon the expiration of one
year from the date of the issuance thereof (Lucas vs. Durian,
G.R. No. L-7886, promulgated September 23, 1957).

Answer with Grounds in support to Motion to Dismiss

Villarin vs. Teves
Civil Case No.OS -17-270
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 PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court that the case be DISMISSED for lack of capacity to sue and
ordering the Plaintiffs and all persons claiming rights therein to:

(a) Pay the Defendant the following amount :

i. Actual Damages amounting to P50,000.00

ii. Moral Damages amounting to P 100,000.00
iii. Attorney’s Fees amounting to at least P50,000.00

Other just and equitable relief are likewise prayed for .

Respectfully submitted ____, November 2017 , Cebu City

( for Oslob).

A ACOSTA & ASSOCIATES

Defendant’s Counsel
Unit 1606, 16F Keppel Building
Cardinal Rosales Avenue, Corner Samar Loop,
Business Park, Cebu City, Philippines 6000
Landline: 032 231 2642
Mobile: 0928 506 3466
Email: Abraham@AcostaLaw.ph
Website: http://www.AcostaLaw.ph

By:
ABRAHAM REY MONTECILLO ACOSTA
Roll of Attorneys No. 54441
IBP Lifetime No. 010415; Cebu City Chapter
PTR No. 13261628; 3 January 2017; Cebu Province
MCLE Compliance No.: V-0006387; 27 February 2015

And By:
LUCILLE M. TEVES
Roll of Attorneys No. 66995
IBP 005754 , Cebu City
PTR NO.15825076 ; 22 August ; Samboan Cebu

Answer with Grounds in support to Motion to Dismiss

Villarin vs. Teves
Civil Case No.OS -17-270
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 MCLE Exempt

Notice of Hearing:

THE BRANCH CLERK OF COURT

RTC Oslob , Cebu

Greetings !

Please set this case for hearing on December 5,2017 at 8:30 in the morning.

LUCILLE M. TEVES

Copy furnished:

Atty. ISIAS P.GUIDOQUIO

2nd Floor ,Rm2, Leyson Building
26 D. Jakosalem St. Cebu City

Answer with Grounds in support to Motion to Dismiss

Villarin vs. Teves
Civil Case No.OS -17-270
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