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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
Branch _____, Aparri, Cagayan

JUNIOR DELA CRUZ,


Plaintiff,
Civil Case No. _____________
- versus -
For: Nullity of Title
THIM MCKEY BANK,
Defendant,
x-----------------x

ANSWER
WITH COUNTERCLAIM
Defendant THIM MCKEY BANK, by counsel and unto this
Honorable Court, most respectfully states and avers that:

Admissions and Denials

1. Defendant specifically denies contents in paragraph (1) in


so far as plaintiff’s declaration as sole legal heir, for the reason stated
in the Affirmative Defenses below;
2. Defendant admits contents in paragraph (2) where it
states that it is the successor-in-interest of Pheening de Garcia Bank
of Caramagui;
3. Defendant denies the reservations presented in paragraph
(3) since plaintiff failed to establish his ownership over the said
property. He did not aver possession over the property and make
merits to make the property his own;

4. The Defendant admits the allegation presented in the


paragraph (4);

5. Defendant denies paragraphs (5), (6), (7) and (8), plaintiff


presented machine copies of the said documents and failed to present
the original copies of Certificate of Sheriff’s Sale, Certificate of Title P-
67833 and TCT no. 127066, respectively. And under paragraph (5),
plaintiff failed to prove that Sheriff Burias Burye was indeed an Ex
Oficio provincial sheriff and also failed to show any signature made by
our authorized representative and Sheriff Burye in the alleged

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extrajudicial foreclosure sale. With regard to the transfer certificate,
plaintiff failed to establish that the documents were falsified and also
failed to present the original copy;

6. The defendant denies the allegation presented in


paragraphs (9) and (10). No letter was sent out by our managing
director. The transfer certificate title was already in our possession
when the mortgage was executed as collateral for the loan granted to
Senior Dela Cruz. No original copy was presented by the plaintiff;

7. The defendant admits contents of paragraph (11);

8. The Defendant denies the allegation presented in


paragraph (12). The letter presented by the plaintiff was not the original
copy and has not established whether the letter was signed by our Vice
President or Vice Manager. This raises a doubt that the plaintiff was
not sure on the identity of the officer since it was not named in the
complaint. The plaintiff is creating webs of doubtful stories to blacken
our reputation;

9. The Defendant vehemently denies the allegation in the


paragraphs (13), (14), (15) and (16). The plaintiff has no proof that the
real property mortgaged to the defendant was part of a homestead
patent, only immaterial allegations without any ground;

10. The defendant denies the allegations present in


paragraphs (17) and (18). Again, defendant reiterates that plaintiff has
no proof that the real property mortgaged to the defendant was part of
a homestead patent. These are conclusions of law or facts which
should not be alleged in the complaint. Only ultimate facts should be
alleged in the pleadings;

11. The defendant strongly denies the allegations on


paragraphs (19), (20), (21), (22), (23), (24), (25), (26) and (27). These
are all erroneous and premature conclusions of law made by the
plaintiff. Only ultimate facts should be alleged in the pleadings;

12. Paragraphs (28), (29) and (30) were all denied by the
defendant for it was conclusive and should not have been pleaded in
the complaint. The plaintiff makes conclusions based on existing laws
and improperly implicates the defendant as a violator of such laws
without presenting proper evidence;

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13. Paragraph (31) is also denied by the defendant, the plaintiff
does not have legal standing to claim for the remedy of injunction and
to ask for the nullity of the foreclosure sale without first establishing his
right to ownership of the subject property; and

14. The Defendant denies the allegations presented in


paragraphs (32), (33), (34), (35), (36), (37), (38), (39), (40), (41) and
lastly (42). Again, the plaintiff erroneously concluded baseless
allegations against the defendant using words of law without
presenting the proper Ultimate Facts needed. And again, defendant
denies it strongly since plaintiff failed to present original Certificate of
Sheriff’s Sale and also failed to show that it was signed by both the
authorized representative of the bank and the alleged sheriff.

Affirmative Defenses
15. Defendant reiterates, repleads and incorporates by
reference all the foregoing in so far as they are material and
additionally submit that the Complaint should be dismissed because:

15.1 Plaintiff has no legal capacity to sue since he failed


to attach an authenticated birth certificate to establish his status
as heir thus failing to establish his right as an heir and owner of
the subject property;
15.2 The complaint states no cause of action for failure to
establish the right of the plaintiff thus, accordingly, no right has
been violated; and
15.3 The complaint lacks the required Verification and
Certification Against Forum Shopping.

Counterclaims
16. Defendant reiterates, repleads and incorporates by
reference all the foregoing in so far as they are material and
additionally submit that it is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:

16.1 Moral damages amounting to One Million Pesos


(Php 1, 000, 000.00) because its name and reputation has
been besmirched by this malicious and baseless suit;

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16.2 Attorney’s fees amounting to Fifty Thousand Pesos
(Php 50, 000.00) because it was compelled to secure
services of counsel to vindicate its rights.

Prayer
17. Wherefore, premises considered, it is respectfully prayed
that this honorable court render judgement as follows:

17.1 Dismiss the complaint due to the lack of Certificate of


Non Forum Shopping;

17.2 Dismiss the compliant due plaintiff has no legal


capacity to sue;

17.3 Dismiss the complaint due to lack of cause of action;

17.4 Order the plaintiff to pay to defendant moral damages


of One Million Pesos (Php 1, 000, 000.00);

17.5 Order the plaintiff to pay the defendant bank’s


attorney’s fees of P 50, 000 and P 5, 000 for
appearance and damages; and

17.6 Grant such other relief consistent with the law and
equity and for the cost.

Tuguegarao City, October 1, 2018.

ATTY. SUNGGOTI MAKABASA


Counsel for the Defendant
02 Damilig Street, Murusa, Puontisaba
PTR no. 9876543/ 11-01-2011/ Puontisaba
IBP LRN 02222/10-31-2009/ Diaybakir
Roll no. 13579
MCLE Exemption no. III-00246
Mobile no. 0912-3456-789

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Copy furnished :
ATTY. MAKAULAW
Counsel For The plaintiff
CSU Andrews Campus
Tuguegarao City
Explanation
Copy of this foregoing ANSWER was served to the plaintiff’s
counsel by registered mail due to time and distance constraint and
for the lack of the undersigned’s staff who can serve the same in
person.
VERIFICATION AND CERTIFICATION OF NON – FORUM
SHOPPING

REPUBLIC OF THE PHILIPPINES)


Province of _______Cagayan_____________) S.S.
City/Municipality of ____Puontisaba_________)
x-----------------------x

I, __Chim Panzee___________, of legal age, Filipino, married,


and a resident of ______Diaybakir_______, Philippines, after being
sworn in accordance with law, hereby depose and say:

That I am the Defendant in the above-entitled case; That I have


caused the preparation of the above answer and I have read the same
and knows the contents thereof; That the allegations contained therein
are true and correct of my own personal knowledge.

That I further certify that: (a) I have not theretofore commenced


any other action or proceeding or filed any claim involving the same
issues or matter in any court, tribunal, or quasi-judicial agency and, to
the best of my knowledge, no such action or proceeding is pending
therein; (c) if I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the court
or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this
_______23RD of September___2018___ at ___Puotisaba__________,
Philippines.

Chim Panzee
affiant

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SUBSCRIBED AND SWORN to before me, this _____23rd of
September 2018________, by ______Chim Pamzee_______ who
exhibited to me his Community Tax Certificate No.
____8976874634_________ issued at ___ Diaybakir__________,
Philippines.

Atty. Mon Key B. Usiness


Notary Public
Until December 31, 2019
Ptr no. 987860246/01-02-
2003/ Puotisaba
Roll no. 98767/11-12-1999/
Adusunngo

Doc. Nos. __7____;


Page Nos. _7_____;
Book No. ___7___;
Series of __2018____;

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