Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
Branch ____
Digos City, Davao del Sur

HEIRS OF CANSING BILAAN CIVIL CASE NO. 5624

NAMELY: EMILIO G.
CANSING, ALBERTO G. FOR: Recovery of
CANSING, URSULA C. Possession and
MALAGANTE, MONICA PAZ, Ownership, Damages
and ARMANDO G. CANSING’ and Attorney’s Fees.

Represented By: FREDDIE

CANSING GUINANG,
Plaintiffs,

-versus-

ALLAN JAO, JULIA

SERRANO, BOY NAVALTA &
URBANA MANOS,
Defendants.

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

REPLY
PLAINTIFFS, by undersigned counsel, unto the Honorable Court, most
respectfully manifest that on March 18, 2018, he received a copy of the
ANSWER WITH COUNTERCLAIMS of Defendant JULIA SERRANO in the
above-entitled case and, by way of a REPLY to new matters alleged
therein, hereby state THAT:

1. The allegation in Paragraph 7, 8 and 9 of the Answer with

Counterclaim is specifically denied, for lack of knowledge sufficient
to for a belief as to the truth or falsity thereof;

2. The allegation in Paragraph 11 of the Answer with Counterclaim is

partially admitted, since the plaintiffs have no knowledge sufficient to
for a belief as to the truth or falsity as to the Six (6) hectares sold to
third persons;

3. The allegation in Paragraph 12 and 13 of the Answer with

Counterclaim is specifically denied, for lack of knowledge sufficient
to for a belief as to the truth or falsity thereof and/or to the existence

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 of the Extrajudicial Partition executed on January 1956 by the alleged
heirs;

4. The allegation in Paragraph 14 and 15 of the Answer with

Counterclaim is specifically denied, for lack of knowledge sufficient
to for a belief as to the truth or falsity thereof;

5. Paragraphs 16, 17 and 18 are specifically denied, the truth being that
the present action is well-founded in fact and in law, filed in good
faith to protect and vindicate the rights of the Plaintiff violated by the
Defendants; therefore, there is no basis whatsoever for the Defendant
to recover any damages, attorney’s fees nor expenses of litigation
from the Plaintiff;

6. Moreover, the defendant opted to hire the services of the Public

Attorneys Office. Hence the prayer for Attorneys Fees plus expenses
in litigating this case is unfounded which would just result to unjust
enrichment.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that the counterclaim of the Defendant Julia Serrano be
dismissed.

Other reliefs, just and equitable under the premises are likewise prayed
for.

MOST RESPECTFULLY SUBMITTED.

This 28th day of May, 2018, in the City of Digos, Province of Davao del Sur,
Philippines.

By:

ATTY. CARLO MARTIN D. MARTEL

Counsel for the Plaintiff
Roll of Attorney’s No. 67186
IBP Number: 1082743 ; 01/04/18
PTR Number: 7110613 ; 01/03/18
MCLE Compliance No.: (NEW LAWYER) / May 24, 2017
WONG MARTEL LAW OFFICES
2/F Rural Bank of Digos Building, Rizal Avenue,
Digos City, Davao del Sur

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 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, FREDDIE CANSING GUINANG, of legal age, Filipino, and a resident of

Glamang, Magsaysay, Davao del Sur, under oath, do hereby depose and
state: THAT-

1. I am the authorized representative of the Plaintiffs in the above-

entitled case;

2. I have caused the preparation and filing of the foregoing reply;

3. I have read and understood the contents thereof and all the
information stated therein are true and correct and that the same
were based on my personal knowledge and authentic records and
documents;

4. I have not commenced any other action or proceedings involving

the same in the Supreme Court, Court of Appeals or any other
tribunal or agency, and to the best of my knowledge, no such action
or proceeding is pending in the Supreme Court, Court of Appeals or
any other tribunal or agency. And that if I should thereafter learn that
a similar action or proceeding before the Supreme Court, Court of
Appeals or any other tribunal or agency, I shall undertake to report
that fact within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this

_________________ in Digos City, Davao del Sur, Philippines.

FREDDIE CANSING GUINANG

Affiant
Id No. _______________

SUBSCRIBED AND SWORN to before me on this ____________________ in

Digos City, Davao del Sur, Philippines. Affiant exhibited to me his proof of
identification as indicted below his name.

Copy Furnish:
- Atty. Retzelyn Mae G. Quintana – PAO, Digos City, Davao del Sur

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