Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch 3
Zamboanga City
JACKY M. MADRIGAL
Plaintiff,

CIVIL CASE NO. :

-versus-

FOR:

JOAQUIN Q. MENDEZ

Defendant.
x------------------------------------------x

UNLAWFUL
DETAINER

ANSWER
COMES NOW, Defendant, by Counsel, unto this Honorable
Court most respectfully avers, to wit:
1. That defendant ADMITS the allegations contained in
Paragraph Nos. 1, 2, and 3 of the Complaint;
2. That defendant DENIES the allegations contained in
paragraph no. 4 of the Complaint. The truth being that
spouses Mendez, from whom the parties inherited the
property, are still the registered owner of the parcel of land
which is the subject of dispute;
3. That defendant DENIES the allegations contained in
Paragraph No. 5 of the Complaint for lack of sufficient
knowledge and as to the veracity of the alleged execution of
the Deed of Absolute Sale;
Apparently, plaintiff did not inform any of the heirs of the
deceased Sps. Mendez with regard to the transaction, and
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that plaintiff never informed that she is now the registered

owner of said property. Plaintiff only informed of this fact
when the sellers already passed away.

Thus, a clear

indication of bad faith on the part of the plaintiff.

4. That defendant DENIES the allegations contained in
Paragraph Nos. 6 and 7 of the Complaint. The truth of which
is that, the continuous occupation and enjoyment of the
defendant over the said property was under his right as coowner, as the property was inherited from their deceased
parents. As such, the plaintiff cannot allege that the
defendant was merely tolerated by the former;
5.

That defendant ADMITS the allegations contained in

paragraph no. 8 of the Complaint. The defendant, despite the
receipt of the demand letter to vacate the property
disregarded the same for the reason that a co-owner cannot
be ousted from his property;

6. That defendant ADMITS the allegations contained in

paragraph nos. 9 and 10 of the Complaint.
7. That defendant DENIES the allegations contained in
paragraph nos. 11, 12 and 13 of the Complaint. The plaintiff
cannot claim that the defendants occupation and enjoyment
over the subject property was due to the mere tolerance of
the Plaintiff. The truth of which is that, plaintiff and
defendant are co-owners of the subject property, and as such,
both parties are entitled to the possession, occupation and
enjoyment over the said property in dispute;
8. That defendant DENIES the allegations contained in
paragraph no. 14 of the complaint, for lack of sufficient
knowledge on the facts thereto.

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AFFIRMATIVE DEFENSES
1. That the Deed of Absolute Sale is null and void. There is no
intent on the part of the sellers to transfer ownership to the
plaintiff, as the same was executed only for the purpose of
accommodating plaintiffs loan obligation, and secure latters
debt. Moreover, there is lack of consideration of the
purported sale because the purchase price has in fact never
been paid;
2. That the plaintiff is barred by laches. Assuming plaintiff is
now the registered owner of the subject property by virtue of
the alleged Deed of Absolute Sale, plaintiff does not intend to
take full dominion of the property. This is bolstered by the
fact that the demand to vacate was made only after ten (10)
years from the time of execution of the alleged Deed of
Absolute Sale.
PRAYER
WHEREFORE,

premises

considered,

the

defendant

respectfully prays that judgment be rendered in his favor and

order the dismissal of the case as well as declare the Transfer
Certificate of Title issued under the name of the plaintiff as null
and void.
Attorneys Fees in the amount of fifty thousand (P50,000)
pesos, moral damages for the sleepless nights, besmirched
reputation and mental anxiety caused by the plaintiffs filing of
the suit.
All reliefs which are just and equitable under the
circumstances are likewise prayed for.

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RESPECTFULLY SUBMITTED this 21st day of September

2016 at Zamboanga City, Philippines.

Atty. Ann Loraine L. Tam

Counsel for the Defendant
Tam Law Office
2nd Floor, AJS Bldg., Valderrosa St.
Zamboanga City
IBP No. 703212; 11/22/2017
Roll No. 32988; 12/31/2017
PTR No. 112291; 12/31/2017
MCLE No. IV-123456
Email: annlorainetam@gmail.com
Contact No: 09754062844

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Republic of the Philippines.)

Zamboanga City..) S.S
x--------------------------------------x
VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

I, JOAQUIN Q. MENDEZ, of legal age, single, and a

resident of Blk. 15, Lot 08, Uys Drive, Lumiyap, Divisoria,
Zamboanga City, after having duly sworn to in accordance with
the law, hereby depose and say:
1. That I am the defendant in the above entitled complaint;
2. That I have caused the preparation of the said answer and have
read and understood the allegations therein contained and that
the same are true and correct based on my personal knowledge
and on authentic records;
4. That I have not therefore commenced any action or filed any
claim involving the same issue in any court, tribunal, or quasijudicial agency, and to the best of my knowledge, no such other
action or claim is pending therein, and if I should thereafter learn
that the same or similar action or claim has been filed or is
pending, I shall report the fact within five days therefrom to the
court where the aforesaid complaint or pleading has been filed.
In witness whereof, I hereunto set my hand this 21 st day of
September 2016 at Zamboanga City, Philippines.

JOAQUIN Q. MENDEZ
Affiant
SUBSCRIBED AND SWORN to before me, a notary public,
this 21st day of September 2016 at Zamboanga City, Philippines.
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WITNESS MY HAND AND SEAL.

Atty. Ann Loraine L. Tam
NOTARY
PUBLIC
Doc No. ____
Page No.____
Book No.____
Series of ____

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