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Republic of the Philippines REGIONAL TRIAL COURT OF LANAO DEL SUR 12TH Judicial Region Branch 3, Marawi City

HUSSIN ANJALIN and MARHAMMA ANJALIN, Plaintiffs, CIVIL CASE NO. 12345-98 -versusFOR:ACCION REIVINDICATORIA MARIA MERCEDEZ Defendant, X-------------------------------X ANSWER WITH SPECIAL AFFIRMATIVE DEFENSES AND COUNTERCLAIMS DEFENDANT, by counsel and unto this Honorable Court most respectfully allege that:` 1 . Paragraph 1 of the Complaint is specifically admitted, the plaintiffs being the neighbor of herein defendant. 2. Paragraph 2 of the Complaint is admitted. 3. Paragraph 3 of the Complaint is specifically denied for lack of knowledge or information to form a belief as to the truth thereof; 4. Paragraph 4 of the complaint is specifically denied for being not true, Ahmad Deedat being in possession of said parcel of land and residential house and the presence of tax declaration under the name of Ahmad Deedat, when the defendant and the latter entered into a contract of sale. 5. Paragraph 5 of the Complaint is deemed admitted, except for the allegation that plaintiff came to know that Ahmad Deedat sold the same to Maria Mercedez. 6. Paragraph 6 of the Complaint is deemed admitted. Defendant, in good faith, relied on the valid contact of sale entered into by defendant and Ahmad Deedat; And by way of-

SPECIAL AFFIRMATIVE DEFENSES Herein answering defendant hereby replead the foregoing allegations and further allege that: 7. Plaintiff did not occupy the property from the time it was allegedly sold to it on December 2007, or anytime thereafter. Nonetheless, it maintains that Deedat continued stay in the premises from the time of the sale up to the time of respondents occupation of the same, was possession held on its behalf and had the effect of delivery under the law; 8. Deedat allegedly sold the property in question to petitioners on December 2007 and, subsequently to the respondent on February 2008. However, it has not been able to establish that its Deed of Sale is recorded in the Registry of Deeds.

9. Petitioner has not proven that respondent was aware that the mode of acquiring the property was defective at the the time she acquired it from Deedat.

And by way ofCOUNTERCLAIMS Herein defendant hereby replead by reference the foregoing allegations and further allege that: 10. In filing the malicious and baseless complaint, to pay the following fees: a. P50,000.00 as moral damages for the mental anguish suffered by the defendant besmirching the respondents reputation. b. That owing further to the filing of the instant malicious and baseless complaint, herein defendant were forced to litigate and in the process incurred litigation expenses including but not limited to attorneys fees in the amount of THIRTY THOUSAND PESOS(P30,000.00) plus P2,500.00 appearance fee for every hearing in court..

PRAYER/RELIEF WHEREFORE, it is earnestly prayed of this Honorable Court that judgment be rendered DIMISSING the complaint and GRANTING defendants counter-claim by ORDERING the plaintiff to pay herein defendant the following: 1. FIFTY THOUSAND(P50,000.00)PESOS as moral damages; 2. THIRTY THOUSAND(30,000.00)PESOS as for the attorneys fees plus the further sum of P2,500.00 for every appearance in court. 3. Costs of this suit. Further pray for other relief as may be deemed just and equitable under the premises. Cagayan de Oro City, for Marawi City, December 27,2010.

ATTY. MARIAM G. MAUTANTE Counsel for the Defendant 017 Nawawala St. Nahanap Barra, Cagayan de Oro City IBP O.R.NO.121212/1-05-2010/Cagayan de Oro PTR NO.1234567/01-05-2010/ Cagayan de Oro City Roll of Attorneys no. 1112/ May 2 2005 MCLE Compliance No. I-009898 MCLE Exemption No.II-12345

Copy Furnished:

Atty. Mae Joyce Magbanua Counsel for the Plaintiffs, Bo. Salam, MSU, Marawi City

EXPLANATION I hereby certify that copies of the foregoing Answer with Special Affirmative Defenses were furnished the Plaintiffs Counsel by registered mail. It being that personal service is not feasible due to distance and lack of office personnel to effect personal service

Republic of the Philippines REGIONAL TRIAL COURT OF LANAO DEL SUR 12TH Judicial Region Branch 3, Marawi City HUSSIN ANJALIN and MARHAMMA ANJALIN, Plaintiffs, CIVIL CASE NO. 12345-98 -versusFOR:ACCION REIVINDICATORIA MARIA MERCEDEZ Defendant, X-------------------------------X

ENTRY OF APPEARANCE AND URGENT MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING DEFENDANT, through the undersigned counsel and to this Honorable Court most respectfully allege; 1. That the undersigned counsel is formally entering his appearance as counsel for the defendant in the above- entitled case; henceforth, it is requested that all notices, orders, decision and other processes of this Honorable Court relative to the instant case be likewise sent to and furnished the undersigned at the address hereinafter indicated; 2. That the reglementary period to file responsive pleadings in the above-entitled case will expire on December 21, 2010, it being the defendants received the summons together with the copies of the complaint on December 10, 2010; 3. That due to the utmost unbearable pressure of work saddling the undersigned counsel in preparing memoranda, briefs, petitions, etc. in other equally important cases let alone the fact and circumstances of the case as his services is just engaged by the defendant, he is now

constrained to ask for more time within which to prepare and eventually file responsive pleading for the defendant; 4. That this motion is not intended for delay but solely to serve the very end of justice; WHEREFORE, it is most earnestly prayed of this Honorable Court that the entry of appearance of the undersigned as counsel for the defendants be duly noted and that the interest of substantial justice, herein defendant be given an extension of fifteen(15) days from the expiration of the reglementary period or until December 28, 2010 within which to file the responsive pleadings. Further pray for other relief as may be deemed just and equitable under the premises. Cagayan de Oro City, for Marawi City, December 12,2010.

ATTY. MARIAM G. MAUTANTE Counsel for the Defendant 017 Nawawala St. Nahanap Barra, Cagayan de Oro City IBP O.R.NO.121212/1-05-2010/Cagayan de Oro PTR NO.1234567/01-05-2010/ Cagayan de Oro City Roll of Attorneys no. 1112/ May 2 2005 MCLE Compliance No. I-009898 MCLE Exemption No.II-12345

NOTICE OF HEARING THE CLERK OF COURT RTC-Branch 3 Marawi City Greetings: Due to time constraints and the non-litigous nature of the foregoing motion, kindly submit it for the consideration and approval of the Honorable Court immediately upon receipt hereof sans appearance and further arguments of the undersigned counsel.

ATTY. MARIAM G. MAUTANTE

NOTICE OF HEARING Please take notice that due to time constraints and the non-litigous nature of the foregoing Motion, the same will be submitted for the consideration and approval of the Honorable Court immediately upon receipt hereof sans appearance and further arguments of the undersigned counsel.

ATTY. MARIAM G. MAUTANTE

Copy Furnished: Atty. Mae Joycce S. Magbanua Counsel for the Plaintiffs Bo.Salam MSU, Marawi City

EXPLANATION I hereby certify that copies of this Entry of Appearance and Urgent Motion for Extension of Time to File Responsive Pleadings were furnished the defendant by registered mail, It being that personal service is not feasible due to distance and lack of office personnel to effect personal service.

ATTY. MARIAM G. MAUTANTE