Professional Documents
Culture Documents
versus
Civil Case No. ____________
AMBROSE M. AZUCENA, For: Revocation/
Defendant. Cancellation of Donation
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6. That Paragraphs 11, 12, and 13 of the Complaint is specifically denied for
being irrelevant to the issues raised by the PLAINTIFFS;
A copy of the Affidavit dated 8 October 2012 is hereto attached and marked
as Annex 3, and made an integral part hereof;
I am sending to first 6 checks Jan, Feb, March, April, May, June 2012 for Bel-
Air rental. Will send the rest next time. xxx A copy of the handwritten note
dated 23 February 2012 is hereto attached and marked as Annex 7, and
made an integral part hereof;
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16.1 That the acknowledgment of DEFENDANTs ownership to the Bel-Air
Property is further reinforced by rental payments to the said Property,
continuously paid to the DEFENDANT, as evidenced by post-
dated checks dated November 2012 and December 2012 issued and
delivered to the herein DEFENDANT. Copies of the post-dated checks dated
3 November 2012 and 1 December 2012 are hereto attached and marked as
Annexes 8 and 9, and made integral parts hereof;
16.2 That the foregoing are patent pieces of evidence that the PLAINTIFFS
could not have been surprised by the alleged turn of events and even if
indeed they were surprised, there was a consequent recognition of the
cancellation of Transfer Certificate of Title (TCT) No. 113638 [S-22712] and
the issuance of TCT No. 225984;
Art. 1390. The following contracts are voidable or annullable, even though
there may have been no damage to the contracting parties:xxx
Moreover, the Order of Branch 32 of the Regional Trial Court of San Pablo
City dated 15 November
2010 (Annex 5) expressly provides that there are other properties that
have been discovered and which are not included in the inventory and not
mentioned in the Compromise Agreement, which proves that DECEDENT
Marino M. Magcase did have other properties and sufficient funds in his
accounts at the time of the execution of the Deed of Donation contrary to
the allegations of the PLAINTIFFS;
AFFIRMATIVE DEFENSES
28. That TCT No. 225984 dated 16 February 2009 is valid by virtue of a duly
executed Deed of Donation inter vivos, with consent from the DECEDENT
Marino M. Magcase;
28.1 That the DECEDENT duly executed a Deed of Donation inter vivos dated
14 February 2008 whereby he donated his property (hereinafter referred to
as the Bel-Air Property), which was then covered by TCT No. 113638 [S-
22712] of the Registry of Deeds for the Province of Rizal, in favor of herein
DEFENDANT.
Copies of the Deed of Donation dated 14 February 2008 and TCT No. 113638
[S-22712] are hereto attached and marked as Annexes 2 and E,
respectively, and made integral parts hereof;
28.2 Copies of the Deed of Donation dated 14 February 2008 and TCT No.
113638 [S-22712] are hereto attached and marked as Annexes 2 and E,
respectively, and made integral parts hereof;
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28.3 That as a consequence of the Deed of Donation dated 14 February 2008,
the title to the said Bel-Air Property, formerly covered by TCT No. 113638 [S-
22712] (Annex E), TCT No. 225884 dated 16 February 2009 of the Registry
of Deeds of the City of Makati was issued in favor of the herein DEFENDANT.
A copy of TCT No. 225884 dated 16 February 2009 is hereto attached and
marked as Annex 6
and made an integral part hereof;
28.4 That the PLAINTIFFS allegations that the DECEDENTs only source of
income were rentals that were derived from the properties he owned in Bel-
Air and Ayala Alabang Village, and that his funds had been depleted are mere
conclusions of fact and are not substantiated by any material piece of
evidence, the truth being already stated in Paragraph 22 of this Answer;
28.5 That the PLAINTIFFS allegation that the DECEDENT orally voiced his
disapproval of donating the property is misleading, the truth being already
stated in Paragraph 12 of this Answer;
28.6 That given the relevant factual circumstances (and not the PLAINTIFFS
purported facts but which are actually malicious conjectures), wherein
DECEDENTs sister and her family bore the entire burden of caring for the
DECEDENT without any help from the PLAINTIFFS, it is apparent that
DECEDENTs motive for donating the property to DEFENDANT was not only
liberality but also gratitude for his four (4) years of unwavering service even
at the cost of DEFENDANTs career progression. DECEDENT, having been a
businessman in his lifetime, would have known that a five (5) million
property was paltry compensation for the income that DEFENDANT has had
to forego in the four (4) years he had thus far spent on caring for DECEDENT,
and in the next few years to come wherein DEFENDANT would have
continued to do so;
29. That TCT No. 225984 dated 16 February 2009 is valid by virtue of a duly
executed Deed of Donation inter vivos, notarized in line with Rule IV, Section
3, of the Notarial Practice of Law (AM No. 02-8-13 SC);
29.1 That Judge Bienvenido V. Reyes was neither donor nor donee, or a
witness, and thus cannot be considered party to the Deed of Donation. It is
apparent in the said document (Annex 2) that the donor was Marino M.
Magcase and the donee was Ambrose Bu M. Azucena, and none of the
witnesses
signatures on the left side of the documents was that of Judge Reyess;
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29.2 That, contrary to the allegation, Judge Reyes did not receive any fee in
notarizing the Deed of Donation, and no piece of evidence was brought forth
to prove such;
30. That TCT No. 225984 dated 16 February 2009 is valid by virtue of a duly
executed Deed of Donation inter vivos, in accordance with the form and
solemnities of law;
30.1 That Quilala vs. Reyes, G.R. No. 132681 (2001) provides that, the
requirement that the contracting parties and their witnesses should sign on
the left- hand margin of the instrument is not absolute. The intendment of
the law merely is to ensure that each and every page of the instrument is
authenticated by the parties.xxx Also, the specification of the location of the
signature is merely directory. In this case, the purpose of authenticating the
page is served, and the requirement of a valid donation and the signing of all
the parties to the said deed is deemed substantially complied with.
30.3 That Carandang-Collantes vs. Capuno, G.R. No. L-55373 (1983) provides
that, a public instrument duly acknowledged before a notary public, bears
a thumb mark which is not that of the donor, and therefore forged, fictitious
or fraudulent, it is their duty to present strong, complete and conclusive
evidence in support thereof, and not merely by preponderance of evidence,
and the testimony of the notary public who is also a lawyer is satisfactory
and must be given mere credence than the testimonies of the Capuno
witnesses which merely implied that the thumb mark on the deed of
donation was not affixed by Josefa Capuno since no deed was notarized
during her confinement at the hospital.
31.1 That Sevilla vs. Sevilla, G.R. No. 150179 (2003) provides that, [t]here is
undue influence when a person takes improper advantage of his power over
the will of another, depriving the latter of a reasonable freedom of choice.
The following circumstances shall be considered: the confidential, family,
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spiritual and other relations between the parties, or the fact that the person
alleged to have been unduly influenced was suffering from mental weakness,
or was ignorant or in financial distress,
and that the Supreme Court consistently applied the ancient rule that if the
plaintiff, upon whom rests the burden of proving his cause of action, fails to
show in a satisfactory manner facts on which he bases his claim, the
defendant is under no obligation to prove his exception or defense.
31.2; That the DECEDENTs mental weakness has already been specifically
denied and disproved in Paragraph 19 of this Answer
31.3 That given the relevant factual circumstances, DECEDENT could not be
reduced to being ignorant, being a successful businessman, and during his
lifetime, amassed numerous properties, pieces of jewelry, and shares of
stocks in various businesses, as averred in Paragraph 9 of the Complaint;
31.4 That the DECEDENTs financial distress has already been specifically
denied and disproved in Paragraph 22 of this Answer;
31.6 That the inadvertent loss of the videotape, which was affirmatively
claimed to have recorded the said donation, is insufficient to prove fraud nor
make it a voidable donation;
31.7 That, assuming arguendo that the Deed of Donation dated 14 February
2008 was indeed vitiated by fraud, as alleged in the Complaint, it is still
susceptible of ratification as provided for by Article 1390 of the Civil Code of
the Philippines.
31.10 That the acts manifested in the handwritten note dated 23 February
2012 and post-dated checks dated 3 November 2012 and 1 December 2012
constitute an estoppel on the part of the PLAINTIFFS as provided for by
Section 2, Rule 131, of the Rules of Court, to wit:
31.11 That Article 1436 of the Civil Code of the Philippines also provides that,
[a] lessee or a bailee is estopped from asserting title to the thing leased or
received, as against the lessor or bailor;
COMPULSORY COUNTERCLAIM
30. That due to the unwarranted and malicious filing of the instant
Complaint, the DEFENDANT suffered mental anguish, serious anxiety,
sleepless nights, and such action has besmirched his reputation for which the
PLAINTIFFS should be adjudged to pay the DEFENDANT moral damages in the
amount of Five Hundred Thousand Pesos (P500,000.00);
31. That due to the precipitate and baseless initiation by the PLAINTIFFS of
the instant Complaint, the sole ploy of which to enrich themselves at the
expense and inconvenience of the defendant, the PLAINTIFFS should be
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adjudged to pay the defendant exemplary damages in the amount of Five
Hundred Thousand Pesos (P500,000.00); and
PRAYER
a. Ordering the dismissal of the Complaint for lack of cause of action on the
part of the PLAINTIFFS against the DEFENDANT;
b. Ordering the PLAINTIFFS to pay the DEFENDANT the sum of Five Hundred
Thousand Pesos (P500,000.00) for and as moral damages;
c. Ordering the PLAINTIFFS to pay the DEFENDANT the sum of Five Hundred
Thousand Pesos (P500,000.00) for and as exemplary damages;
d. Ordering the PLAINTIFFS to pay the defendant the sum of Five Hundred
Thousand Pesos (P500,000.00) for and as attorneys fees; and
The DEFENDANT likewise prays for such other measures of relief, which this
Honorable Court may deem just and equitable in the premises.
2. I have cause the preparation of the foregoing, which I have read and
understood, the contents of which are all true and correct of my personal
knowledge and/or based on authentic records; and
AMBROSE BU M. AZUCENA
Affiant
Doc. No. __
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