Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch ___
Baguio City
KRSITINE BADUA,
Plaintiff,
- versus -

Civil Case No. ___________

For: SPECIFIC
PERFORMANCE, EDWARD MAGALGALIT, Spouses MARIA
ANNULMENT OF SALE, and JUAN CASTRO, and the REGISTER
RECONVEYANCE AND
OF DEEDS of BAGUIO CITY;
DAMAGES with
application
Defendants.
for Preliminary
Injunction
and a TEMPORARY
x----------------------------------------------------------x
RESTRAINING
ORDER

ANSWER WITH CROSS-CLAIM

COMES NOW the defendant EDWARD MAGALGALIT, by the undersigned
counsels, in the above-entitled case and to this Honorable Court, most
respectfully state:
1. That he ADMITS the allegations in pars. 1, 2, 4, 6, 8, 9, 10, 11, 12, 13,
14 of the Complaint;
2. That he also ADMITS the allegations in par. 3 of the Complaint with the
qualification that the transfer and waiver to herein defendant was genuine, valid
and authentic and that he thereafter pursued TSA No. 131102 in his own name
to the exclusion of any and all others including the CASTRO spouses and of
Amor Castro;
3. That he ADMITS the allegations in par. 5 of the complaint with the
qualification that the CASTRO spouses took the payment from the plaintiff
because they demanded it as the consideration for their transferring and
waiving the TSA application to the herein defendant and for which reason he

agreed as he was then firmly assured that TSA No. 131102 was solely and
completely his own and for his exclusive use and benefit;
4.

That the herein defendant ADMITS the allegations in par. 7 of the

complaint and states in addition thereto that he also allowed the CASTRO
spouses to build on the said property as they assured him that he would be paid
for the value of the property constructed thereon by the CASTRO spouses once
the title to the same is issued by the DENR;
5.

That the herein defendant ADMITS the allegations in pars. 15 of the

complaint but states further that he did not inform the plaintiff that OCT No. P2158 of the Register of Deeds of Baguio had been issued in his name because
the CASTRO spouses told him that this should be done after they paid him the
value of the property covered by OCT No. P-2158 and that they would be the
ones who would deal with the plaintiff as they intimated an intention to exact
additional amounts from the said plaintiff before they would execute a deed of
transfer over the portion occupied by him even if the truth is that he had already
fully paid for the same;
6.

That the herein defendant DENIES the allegations in par. 16 the

truth of the matter being that the DEED OF ABSOLUTE SALE dated May 3, 2008
mentioned therein is NULL AND VOID and without force and effect, because:
a.

There was no consideration for the same. The CASTRO spouses

promised to pay the herein defendant the fair market value of the
said property but no payments have actually been made to the
present;

b.

That because of the refusal of the herein defendant to execute a

Deed of Absolute Sale unless he is first paid, his signature as
appearing above his name in the said DEED OF ABSOLUTE SALE
dated May 3, 2008 was forged and in fact the CTC number
appearing therein is not even his, as he did not obtain the same;

c.

That the herein defendant never appeared before any Notary Public
in order for the notarization of the said DEED OF ABSOUTE SALE
dated May 3, 2008;

7.

That the herein defendant DENIES the allegations in pars. 17 and 18

as he had no prior knowledge that the CASTRO spouses would falsify a DEED OF
ABSOLUTE SALE transferring to them the property covered by OCT No. P-2158
which is owned by the herein defendant, nor did he have any knowledge nor
give his consent that the said forged and falsified document be used to cause
the cancellation of OCT No. P-2158 in order that a new one be issued depriving
him of the said property and causing his damage and prejudice;
He agrees as alleged in par. 18 of the complaint that the supposed
transfer of the said property from the herein defendant to the CASTRO spouses
is false, forged, falsified and simulated;
8.

That the herein defendant has no knowledge of, nor has any

participation in, any of the acts described in pars. 19 and 20 of the complaint;

By way of
CROSS-CLAIM
9.

That the herein defendant hereby reproduce and reiterates all the

foregoing allegations as far as they may be relevant hereto;

10.

That while the herein defendant had in principle agreed to sell the

property covered by OCT No. P-2158 to the CASTRO spouses, no such sale had
ever been consummated considering that said CASTRO spouses had not paid
nor even ever made any valid tender to pay for the said property;
11.

That the DEED OF ABSOLUTE SALE dated May 3, 2008 purportedly

transferring the property covered by OCT No. P-2158 to the CASTRO spouses is
false, forged and falsified and should be held to be of no force and effect and
should subject the CASTRO spouses to criminal liability for causing the execution
of the same;

12.

Considering that the DEED OF ABSOLUTE SALE dated May 3, 2008 is

null and void, the title issued pursuant thereto which is TCT No. T-68587 of the
Register of Deeds of Baguio is also null and void and should be cancelled and a
new one be issued in the name of the herein defendant who is the true owner
thereof;
13.

That because of the foregoing actuations of the CASTRO spouses,

the herein defendant has been unnecessarily dragged into the present litigation
and has compelled him to engage the services of counsel to protect and defend
his interest;
14.

That also because of the foregoing actuations of the CASTRO

spouses the herein defendant has not only been dragged into the present
litigation but he stands to lose his property covered by OCT No. P-2158 and
which has caused him great anxiety and worry and for which he should be
entitled to moral damages in an amount no less than P500,000.00;
15.

That the herein defendant is ready and willing if ordered by the

Honorable Court to do so, to execute any deed or document that shall recognize
the right of the plaintiff over the portion of the afore-said property which was
validly purchased by him and so as to enable him to transfer the said portion
consisting of 100 square meters in his name and ownership.

PRAYER
WHEREFORE and in view of all the foregoing, it is most respectfully prayed
that:
a. The complaint against the herein defendant be DISMISSED as he is not
responsible for the acts complained about by the plaintiff and he stands ready,
willing and able to transfer to the plaintiff the portion consisting of 100 square
meters which was validly sold to him and to execute any and all deeds and
documents necessary to do so and also to abide by any orders or decisions of
the Honorable Court relative thereto;
b. To declare TCT No. T- 68587 of the Register of Deeds null and void;

c. To order the Register of Deeds of Baguio to issue a new title in lieu of

TCT No. T- 68587 and in the name of the herein defendant EDWARD
MAGALGALIT;
d. To order the FORES spouses to immediately vacate the premises
covered by TCT No. T- 68587 unless they would, within a reasonable period
determined by the Honorable Court, pay for the market value of the same,
excluding that portion which pertains to the plaintiff, and also pay the
reasonable amount of rental value for the said property from 1993 to the
present at an amount not less than P15,000.00 a month;
e. That in addition to the foregoing, to order the FORES spouses to pay to
the herein defendant the following:
1. attorneys fees in an amount no less than P150,000.00;
2. litigation costs and expenses as shall be proven in court;
3. moral damages in an amount not less than P500,000.00;
4. For the CASTRO spouses to pay the costs of the present suit; and
5. Granting to the herein defendant such other and further relief as may
be just and equitable in the premises.
Baguio City, Philippines this 20th of September, 2011.
RHEINA B. LAPEA
Counsel for the Defendant
B-319, 3/F, Lopez Building
Session Road, Baguio City
Roll No. 60885
PTR No. 1641702, 01-02-11, B.C.
IBP No. 643425, 01-02-11, B.C.
MCLE Compliance No. III 0003991-June 22, 2010

VERIFICATION AND CERTIFICATION

Republic of the Philippines)
City of Baguio....................) S.S.
I, EDWARD MAGALGALIT, after being sworn to in accordance with law,
depose and say: That he is the defendant/cross claimant in the above-entitled
case; that he has caused the above answer with cross-claims to be prepared and
has read and knows the contents thereof; that the allegations therein are true of
his own knowledge.
That he hereby certifies that:

a) The he has not heretofore commenced any other action or proceeding

involving the same issues in the Supreme Court, the Court of Appeals,
or any other tribunal or agency;
b) That to the best of his knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
c) That if he should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of
Appeals, or any other similar action or proceeding, he undertakes to
report that fact within five (5) days therefrom to this Honorable Court.
EDWARD MAGALGALIT
Affiant
SUBSCRIBED AND SWORN to before me this 20 th day of September, 2011
in the City of Baguio, Philippines, by affiant with his Voters ID bearing No.
XY238176930 issued at Baguio City on January 2007.
Doc. No. 21;
Page No. 5;
Book No. II;
Series of 2011.
2011

RHEINA B. LAPEA
Notary Public
N.A. No. 33-NC-05 (R)
Commission expires on December 31,
R.O.A. No. 60885
PTR No. 1641702, 01-02-11, B.C
IBP No. 643425, 01-02-11, B.C.
B-319, 3/F, Lopez Bldg., Session Rd., Baguio City