Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 66, Talisay City, Cebu

RAFESONS REALTY INC., represented by

MARTIN L. QUA,
Complainant, CIVIL CASE NO. TCV-2019-633
FOR: Recovery of Possession

-versus-

ERLINDA PARBA, MIRAFLOR PARBA, ANTONIO

BACUS and CARMEL MARICHU BACUS,
ALEXANDER SEQUITE and WILMA SEQUITE;
JOFARD PEROCHO and MARICEL MAHILOM
PEROCHO; RACHEL BANGUISIO; EDITHA
MENDOZA; ALDREN MENDOZA; GRETHEL
MERCADO; VICENTE LAPINID and ESMERALDA
LAPINID; DANTE AGDON and IVY PATATAG
AGDON; VICITACION NEPOMUCENO; ROSITO
MANAAY; PEPITO TUCALDO; IRENE TUNDAG;
JUNIOR LONGHAIR;

Their Family/Families and ALL Persons and Individuals

OCCUPYING PORTIONS OF LOT NO. 3290, located
at Mananga, Barangay Tabunok, Talisay City.
Defendants.

X-------------------------/

ANSWER

COMES NOW, defendant ERLINDA PARBA through the undersigned counsel, unto this
Honorable Court most respectfully states:

1. That the allegations made under paragraphs 1.1, 1.2, and 1.3 of the Complaint are
admitted;

2. That the allegations made under paragraph 2.1 of the complaint are not admitted for
lack of knowledge sufficient to form belief as to its truthfulness;
 3. That the allegations made under paragraph 2.2 of the complaint are denied for
defendant ELINDA PARBA occupied the lot since 1940’s because her late husband,
Arcadio Parba was a tenant of the then owner Constancia Velez;

4. That the allegations made under paragraphs 2.3, 2.4, and 2.5 of the complaint are
admitted with the qualification that it was only a representative of complainant who
went to the barangay hall, and they cannot decide the request of defendant;

AFFIRMATIVE AND NEGATIVE DEFENSES

Defendant hereby re-pleads and reiterates the foregoing averment and as affirmative and
negative defenses states:

5. That plaintiff failed to submit or provide the specific technical descriptions with respect
to the property it is claiming ownership of, hence, it cannot be determined whether or not
herein defendants’ occupancy of their respective places of abode have encroached or
otherwise concluded to be within the limits of plaintiff’s supposed property;

6. That the barangay certifications alleged and appended in the complaint could not be
utilized as evidence as there is no showing that there was in fact a conciliation proceeding
in the barangay as there was no minutes that was submitted with the Complaint;

7. That no allegations have been made in the complaint as to when and in what way the
defendant’s occupation of the said property was without permission from the owner of the
property;

8. That defendant ERLINDA PARBA has long been in possession of the property even
before herein complainant became the purported owner of the questioned property;

COUNTER-CLAIMS

11. That due to the above unfounded and baseless allegations, defendant suffered moral
shocked, sleepless night, besmirched reputation and wounded feelings which if converted to
monetary consideration would amount to P 10,000.00 as moral damage;

12. That to serve as example to other individual who have the tendency to do of what the
plaintiffs have done in this case, an exemplary damage of P 5,000.00 would be sufficed.
 WHEREFORE, it is most respectfully prayed of this Honorable Court that judgment be
rendered: (a) Dismissing the above-captioned case with costs against the plaintiff; (b) Ordering
the plaintiff to pay defendant P 10,000.00 and another P 5,000.00 as moral and exemplary
damages, respectively; and (c) Granting such other relief and remedies that are just and equitable
under the case.

Respectfully submitted. October 17, 2019, Cebu City, Philippines.

PUBLIC ATTORNEY’S OFFICE

Hall of Justice Building
Lawaan II, Talisay City, Cebu

By:
MARIA EDBIESA B. SALVE
Public Attorney - II
ROA 57642
IBP NO. 080320, April 25, 2019 Cebu City
MCLE COMPLIANCE NO. V-0006219 February 4, 2015
MCLE COMPLIANCE NO. VI-0006321 April 14, 2022

The Branch Clerk of Court

RTC Br 66, Talisay City, Cebu

GREETINGS:

Please submit the foregoing motion immediately upon receipt hereof sans presence of
counsel and further arguments.

Thank you.
MARIA EDBIESA B. SALVE

Copy furnished:

Atty. CARLOS P. CAVADA II

Suite 608, Keppel Center
Samar Loop cor. Cardinal Rosales Ave.
Cebu Business Park, Cebu City

Explanation

By registered mail due to distance and lack of office personnel to effect personal service

MARIA EDBIESA B. SALVE