Republic of the Philippines

REGIONAL TRIAL COURT

First judicial region Branch 63 La Trinidad, Benguet

ANSWER WITH AFFIRMATIVE AND NEGATIVE DEFENSES AND COUNTER CLAIM

WITH UTMOST DEFERENCE TO THE HONORABLE COURT

Defendant by and through the undersigned counsel, unto this Honorable Court, in answer to the plantiffs complaint most respectfully states that:

The allegations in paragraph 1 of the complaint pertaining to the personal circumstances and addresses of the plaintiffs and defendant is admitted; The allegations in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the complaint are specifically denied for reasons discussed in the affirmative and negative defenses; The allegations in paragraph 13 and 14 of the complaint are denied for lack of factual and legal basis;

AFFIRMATIVE AND NEGATIVE DEFENSES

Defendant re-pleads and adopts the foregoing allegations and further states as follows, to wit; Defendant is among the legal heirs of the late Domingo (one name); Among the properties left by the late Domingo after his death is a parcel of land covered by ORIGINAL CERTIFICATE OF TITLE NO. 441 situated at Alno, La Trinidad, Benguet. A copy of the ORIGINAL CERTIFICATE OF TITLE NO. 441 is hereto attached as ANNEX A; After the death of Domingo, defendant together with his co-legal heirs executed an Extrajudicial Settlement with the abovementioned parcel of land as among the agreed intestate share of the herein defendant; By virtue of said Extrajudicial Settlement between and among the legal heirs of the late Domingo, the said parcel of land covered by ORIGINAL CERTIFICATE OF TITLE No. 441 was transferred in the name of herein defendant. A copy of the new title TRANSFER CERTIFICATE OF TITLE no. 016-20100001700 in the nameof herein defendant is hereto attached as ANNEX B; Prior to the transfer of the said parcel of land in the name of herein defendant, nowhere in the Original Certificate of Title can we find any annotation or remarks that a portion thereof is owned by herein plaintiffs. The said parcel of land had been titled in the name of Domingo way back in the year 1917; Prior to the titling of said parcel of land the predecessors-in-interest of the herein defendant had been in open, continuous, exclusive and notorious possession. In fact, they have made substantial improvements thereon such as but not limited to leveling, terracing and other improvements necessary for the cultivation of the land; The herein complainants were merely allowed by the predecessors-in-interest of the herein defendant to take possession of the portions of the said land in order for them to have something to cultivate and support themselves. The said portions in possession of the herein plaintiffs were never ceded to them by the predecessors-in-interest of the herein defendant. It remains to form part of the landholdings and/or ownership of the defendants predecessors-in-interest; The plaintiffs made use of the subdivision survey as proof of their ownership of their respective claims. However, a careful perusal of the subdivision survey would reveal that the same was made long after the property had already been titled in the name of Domingo. In fact, it was even made only after the death of Domingo and it does not bear the approval and/or conformity and consent of the heirs of Domingo. It was only plaintiff who signed the subdivision survey. Moreover, nowhere in the

Original Certificate of Title can we find any annotation or remarks that a portion thereof is owned by herein plaintiffs; The original survey of the parcel of land previously covered by ORIGINAL CERTIFICATE OF TITLE No. 441 now covered TRANSFER CERTIFICATE TITLE No. 016-20100001700 in the name of herein defendant remains intact and un-subdivided. A copy of the original survey plan on file with the Office of the Bureau of Lands is hereto attached as ANNEX C; The subdivision survey also was not approved by the Bureau of Lands which is the proper agency of the government. Instead it was approved by the Office of the Department Of Environment and Natural Resources (DENR); Apparently, it was the plaintiffs who caused the subdivision survey of the subject lot purposely in support of their application for individual titling to be filed at the Office of the Department of Agrarian Reform (DAR) despite the existence of the title of Domingo; By way of;

COUNTERCLAIM
Defendant further re-plead and adopt the foregoing and further states as follows, to wit: 1. Plaintiffs being aware that they have no cause of action against the herein defendant but nonetheless proffers this frivolous claim in order to concuss the defendant into submission. Due to the wanton, malicious and baseless proclivity of the plaintiff in filing this embittered compliant, the defendant suffered serious and corroding anxiety and discomfort, not to mention the anguish of being drawn protracted and expensive court litigation. Thus the plaintiff should be assessed moral damages amounting not less than Php 20,000.00; 2. The defendant is likewise constrained to seek succor due to the filing of this complaint which was only meant to harass the defendant, thus he secured the services of the undersigned counsel and agreed to pay an Attorneys fee of P30,000.00 and further agreed to pay an appearance fee of P1,500.00 every time the case is set for hearing; 3. To set an example for the public good, the plaintiff must be assessed to pay exemplary damages amounting to not less than P20,000.00.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed of this Honorable Court that judgment be rendered:

a. Dismissing the instant complaint filed by the plaintiff for the utter lack of merit, for failing to state a cause of action; b. Allowing defendants counter claim and ordering the plaintiff to pay the following: 1. Moral damages amounting to not les than P20,000.00 2. Reimburse the Attorneys fee of P30,000.00 and the appearance fee of P1,500.00 for every hearing; 3. Exemplary damages amounting to not less than P20,000; 4. To pay the costs. Other reliefs just and equitable in the premises are likewise prayed for. La Trindad, Benguet, Philippines this 19th of July 2012.

REPUBLIC OF THE PHILIPPINES PROVINCE OF BENGUET MUNICIPALITY OF LA TRINIDAD) S.S VERIFICATION

I, ,of legal age, married, with residence and postal address at Peril, Alno, La Trinidad, Benguet, Philippines, after having been sworn to in accordance with law, hereby depose and state that: I am the defendant in the above entitled complaint; I have caused the preparation of the foregoing answer, have read and understood the contents thereof and hereby certify that all the allegations therein are true and correct of my own personal knowledge and/or based on authentic records or documents. I am executing this verification in compliance with Section 4, Rule 47 of the Rules of Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this 19th day of July 2012 in La Trinidad, Benguet, Philippines.