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REGIONALTRIAL COURT
Fifth Judicial Region
BRANCH 13
Ligao City, Albay
JENNIFER C. SIERRA,
JACQUELINE C. SIERRA
BANAO, JOSELYN SIERRA,
JOANNA SIERRA, RAMON
SIERRA III, MARK JOSEPH
SIERRA AND JAIME NOEL
SIERRA
Plaintiffs,
FLOR B. SABANAL,
GUILBERTO SANTIAGO,
LUZVIMINDA BANARES,
CONRADO BERMAS, ALFREDO
BORBE, MARIANO SANTIAGO,
NESTOR BALBIN, OSCAR
MADRILEJOS AND MARIANO
BERMAS, JR.
MERCEDES DE VERA
Defendants,
PROVINCIAL ENVIRONMENT
AND NATURAL RESOURCES
OFFICE, LEGAZPI CITY
Public Respondents.
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ANSWER WITH MOTION TO ADMIT
2. BY WAY OF ANSWER
2.1 Paragraph 2 of the complaint is ADMITTED.
3. Paragraph 3 is ADMITTED as far as the DENR’s function of
approving land applications but not as to the issuance of titles and
tax declarations to the subject properties concerned.
4. Paragraph 4 is ADMITTED as far as DENR is concerned where it
may be served with summons and other legal processes.
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5. Paragraph 5 is ADMITTED in so far as the identities of Nicasio
Chua, Sr. and Paula Gabelo Chua as parents of the complainants
and defendants are concerned as well as the identities of the
subject parcel of lands to which patent applications were
approved.
6. Public defendant DENY the allegations in paragraphs 6,
6.1,6.2,6.3,6.4,6.5,7,7.1,7.2,8,9,10 and 11 of the complaint for
want of knowledge and information sufficient to form a belief as to
the truth or falsity thereof.
7. The allegations in paragraphs 12, 13,14,15,16 and 17 of the same
complaint are likewise DENIED for want of knowledge and
information sufficient to form a belief as to the truth or falsity
thereof.
13. Finally, the claim for damages against public defendant must
fail. The case of Vinzons-Chato vs. Tabaco Fortune Corp.,
525 SCRA 11, is instructive on this, to wit:
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WHEREFORE, premises considered, it is respectfully prayed of that
the instant complaint as against herein public defendantbe dismissed for
utter lack of merit.
Public defendant pray for such other relief as the Court may deem
just and equitable under the premises.
By:
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ATTY. JOSHUA V. ARMENTA
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