REPUBLIC OF THE PHILIPPINES

10th Judicial Region

MUNICIPAL CIRCUIT TRIAL COURT
BRANCH 5, TUBOD-ALEGRIA
Surigao del Norte

VALERIANO E. SISON, II

Plaintiff
Civil Case No. 2017-001
FOR: RECOVERY OF OWNERSHIP
& POSSESSION OF REAL PROPERTY
- Versus

MILA JR. C. GARCIA

Defendant.

x---------------------------------x

ANSWER
(In re: Summons, Received onxxx 2011)

The DEFENDANT ,MILA JR. C. GARCIA , by

counsel, unto this Honorable Court, respectfully
states:

1. Paragraphs 1 and 2 of the Complaint are

admitted.

2. Paragraphs 2 to 6 of the Complaint are denied

for lack of knowledge or information sufficient to
form a belief as to the veracity or falsity thereof, the
allegations therein being matters known only to,
and are within the control only, of the plaintiff.

4. Paragraph 7 of the Complaint is denied for lack

of knowledge and information sufficient to form a
belief as to the veracity or falsity of the alleged
amounts of attorneys fees agreed upon between
the plaintiff and her lawyer. The said paragraph is
likewise denied insofar as it alleges that the
defendant has no basis or justification to occupy the
subject property, the truth being those alleged in
the special and affirmative defenses part
hereinbelow.

SPECIAL AND AFFIRMATIVE DEFENSES

1. That on February 27, 2013, a memorandum of

agreement was done in the form of a donation
of real property residential lot no. 2017 CAD
722, situated at Brgy, Sta. Cruz, Placer,
Surigao del Norte containing an area of two
hundred forty-seven (247) square meters, more
or less, bounded on N. along line 6-1 by lot no.
1095, CAD 722: on the E. along line 1-2 by lot
no. 1096, CAD 722; on the S. along line 2-3-4
by lot no. 1099, CAD 722; along line 4-5 by lot
no. 1098 CAD 836; and on the W. along line 5-
6 by National Highway covered by Original
Certificate of title No. 2017221 as manifested
in Annex A of this document.

2. Such donation was made by petitioners father

Valeriano E. Sison Sr. to respondent Mila Jr.
C. Garcia because the former owed debt of
gratitude through the kind acts of respondent
in saving his life by donating her left kidney for
the survival of the latter.

3. That petitioner in his alleged payment of realty

taxes is without valid grounds, for it was
respondent who was paying the same as
proved in Annex B wherein photocopies of
realty tax receipts are attached from March of
2013 to February 2017.

4. That Title No. 201721 issued by the Registry of

Deeds is not annotated on the title on the
property.
5. That that the act of petitioner in compelling
respondent to vacate the said lot is against her
constitutional right of her liberty of abode.

COMPULSORY COUNTERCLAIM

1. By reason of the abuse of right committed by

the plaintiff and by reason of the instant
precipitate and unfounded suit, the defendant
was constrained to hire the services of a lawyer
to defend his rights and interests for a
professional fee of P20,000.00 plus P3,000.00
per court appearance;

2. Similarly, the plaintiffs unfounded suit has

caused the defendant mental anguish and
suffering and public humiliation and
embarrassment, for which the defendant
claims moral damages of P100,000.00.
 PRAYER

WHEREFORE, premises considered, it is

respectfully prayed that the parties be given ample
time to reach an amicable settlement before the City
Mediation Center; and that in case of a failure
thereof, and after trial, the complaint be dismissed
for lack of merit and the defendants compulsory
counterclaim be granted, i.e..attorneys fees of
P20,000.00 plus moral damages of P100,000.00,
plus costs of suit.
The defendant respectfully prays for such and other
reliefs as may be deemed just and equitable in the
premises.

ATTY. MILANIE C. GARCIA

Roll No. 125013

IBP No. 45670 - 10/02/13- Surigao

PTR No. 10/02/13
 VERIFICATION

I, MILA JR. C. GARCIA, of legal age, a Filipino

citizen, with residence address of Sta. Cruz, Placer,

Surigaodel Norte under oath, depose and state;

1. I am the Defendant in this case;

2. That I have caused the preparation of this

pleading;

3. I have fully read and understood the same;

4. That the allegations contained therein are true

and correct based on my personal knowledge

and on authentic documents;

TO THE THRUTH OF THE FOREGOING, I

hereby set my hand this January 10, 2017 inTubod,

Surigao Del Norte, Philippines.

MILA JR. C. GARCIA

Defendant
SUBSCRIBED AND SWORN to this February 22,
2017 at Surigao City, as defendant presented to me
her PRC No. 1002-9941 as part of her identity.
 REPUBLIC OF THE PHILIPPINES
10th Judicial Region
MUNICIPAL CIRCUIT TRIAL COURT
BRANCH 5, TUBOD-ALEGRIA
Surigao del Norte

VALERIANO E. SISON, II

Plaintiff
Civil Case No. 2017-001
FOR: RECOVERY OF OWNERSHIP&
POSSESSION OF REAL PROPERTY
- Versus

MILA JR. C. GARCIA

Defendant.

x---------------------------------x

BRIEF FOR THE APPELLANT

DEFFENDAT-APPELLANT, by counsel unto

this Honorable Court respectfully submit her Brief,
in support of her appeal from the Decision dated
February 28, 2017 of the Municipal Circuit Trial
Court of Tubod- Alegria, Surigao del Norte, Branch
5, in Civil Case No. 2017-001, and state:

I. THE PARTIES

Deffendant-Appellant MILA JR. C. GARCIA is

of legal age, single and resident of Sta. Cruz, Placer,
Surigaodel Norte.
 Plaintiff-Appellee is VALERIANO E. SISON II,
also of legal age. Single and a resident of 03248 San
Nicholas, Surigao City.
II. STATEMENT OF MATERIAL DATES

Dismissal of the case dated February 28, 2017 by

the lower court.

III. STATEMENT OF THE CASE

This is an ordinary appeal under Civil Case

filed herein Deffendant-Appellant MILA JR. C.
GARCIA against Defendant-Appellee EDMOUND
DANTES seeking to SET ASIDE and REVERSE the
Decision dated 28 February 2017 of the Municipal
Circuit Trial Court of Tubod- Alegria, Surigao del
Norte, Branch 5, in Civil Case No. 2017-001
In the Decision dated February 28, 2017, the
court a quo rendered judgement of the case as
follows:

This court finds that the defendant

violated the rights of the complainant of
peaceful ownership of the land. The court
commanded the defendant to vacate the
premises and surrender the peaceful
possession thereof and demolish
whatever improvements within the land
owned by the complainant, and pay
damages to the plaintiff Php. 100,000.00,
moral damages amounting of Php.
50,000.00 and the attorneys fees to the
plaintiff in the amount of Php. 50,000.00
plus the appearance fees.
Wherefore, the defendant is held liable.
 IV. STATEMENT OF THE FACTS

A residential lot known as Lot. No. 2017, Cad

722, situated at Brgy. Sta. Cruz, Placer, Surigao del
Norte containing an area of two hundred forty seven
square meters, covered by original certificate of title
No. 2017221 in the name of Valerio E. Sison, II and
declared for taxation purposes under Tax
Declaration No. 2017-05-0015 and with assessed
value of Php.15, 000 for the 2017 marked Anexed
A.
That on February 27, 2013, a memorandum of
agreement was done in the form of a donation of
real property residential lot no. 2017 CAD 722,
situated at Brgy, Sta. Cruz, Placer, Surigao del
Norte containing an area of two hundred forty-seven
(247) square meters, more or less, bounded on N.
along line 6-1 by lot no. 1095, CAD 722: on the E.
along line 1-2 by lot no. 1096, CAD 722; on the S.
along line 2-3-4 by lot no. 1099, CAD 722; along
line 4-5 by lot no. 1098 CAD 836; and on the W.
along line 5-6 by National Highway covered by
Original Certificate of title No. 2017221 as
manifested in Annex A of this document.
Such donation was made by petitioners father
Valeriano E. Sison Sr. to respondent Mila Jr. C.
Garcia because the former owed debt of gratitude
through the kind acts of respondent in saving his
life by donating her left kidney for the survival of the
latter.
By reason of defendants refusal to vacate the
land the court oredered the defendant to vacate the
premises and surrender the peaceful possession
thereof and demolish whatever improvements within
the land owned by the complainant, and pay
damages to the plaintiff Php. 100,000.00, moral
damages amounting of Php. 50,000.00 and the
attorneys fees to the plaintiff in the amount of Php.
50,000.00 plus the appearance fees.
 V. ASSIGNMENT OF ERROR

A. The Honorable Trial Court erred in granting

the defendants claim to exercise her right
over the ownership and possession of land
by dismissing the case.

VI. ARGUMENTS / DISCUSSION

A. The Honorable Trial Court erred in granting

the defendants claim to exercise her right
over the ownership and possession of land
by dismissing the case.

The Honorable Trial Court dismissed the case for

lack of merit and thereby, erred in granting the
Appellants claim to exercise her right to claim
ownership and possession of a parcel of land.

Rule 133, Section 1 of the Rules on

Evidence states that:

Section 1.Preponderance of evidence, how

determined. In civil cases, the party
having the burden of proof must
establish his case by preponderance of
evidence. In determining where the
preponderance or superior weight of
evidence on the issues involved lies, the
court may consider all the facts and
circumstances of the case, the witnesses
manner of testifying, their intelligence,
their means and opportunity of knowing
the facts to which they are testifying, the
nature of the facts to which they testify,
the probability of their testimony, their
interest or want of interest, and also their
personal credibility so far as the same
may legitimately appear upon the trial.
The court may also consider the number
 of witnesses, though the preponderance
is not necessarily with the greater
number.

The court must be guided indeed that in

civil cases, preponderance of evidences
determines the proceedings and decision of the
case. The records shows that defendant-
appellant have substantially presented her
claims through preponderance of evidence in
which plaintiff-appellee failed to do. The fact
remains that the evidence presented by
defendant-appellant has more weight and
substance considering she has two Annexes (A
and B) to prove her claim compared to that of
the evidence presented by plaintiff-appellee
with only one Annex.
 PRAYER

WHEREFORE, in view of the foregoing

premises, defendant-appellant MILA JR. C. GARCIA
respectfully prays for this Honorable Court that the
Decision dated February 28, 2017 of the Honorable
Municipal Circuit Trial Court of Tubod, Surigao del
Norte, Branch 5 appealed from and be SET ASIDE
and lieu thereof, judgement be rendered in favour of
the defendant-appellant.

Other relief and remedies just and equitable

under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.
City of Surigao

BASTE LAW OFFICE

Counsel for the Defendant
P Reyes St. Surigao City

By:

ATTY. MILANIE C. GARCIA

Roll No. 125013

IBP No. 45670 - 10/02/13- Surigao

PTR No. 10/02/13
 VERIFICATION AND CERTIFICATION

I, MILA JR. C. GARCIA, of legal age, a Filipino

citizen, with residence address of Sta. Cruz, Placer,

Surigaodel Norte under oath, depose and state;

1. I am the Accused-appellant in this case;

2. That I have caused the preparation of this
pleading;
3. I have fully read and understood the same;
4. That the allegations contained therein are true
and correct based on my personal knowledge
and on authentic documents;
5. I have not commenced any other action or
proceeding involving the same issued in any
court, tribunal or quasi-judicial agency and to
the best of my knowledge, no such other action
is pending therein;
6. If I should learn thereafter that a similar action
or proceeding has been filed or is pending
before any court, tribunal or agency, I
undertake to report that fact within five (5)
days therefrom, to this Honorable Court.

TO THE THRUTH OF THE FOREGOING, I hereby

set my hand this Feb. 29, 2017 in Tubod, Surigao
Del Norte, Philippines.

MILA JR. C. GARCIA

Defendant
SUBSCRIBED AND SWORN to this February 22,
2017 at Surigao City, as defendant presented to me
her PRC No. 1002-9941 as part of her identity.