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Republic of the Philippines

REGIONAL TRIAL COURT

7TH Judicial Region

Branch 32

Dumaguete City

JUAN TAMAD,

Plaintiff,

Civil Case No. __________


-versus-

For: ACCION PUBLICIANA

MARIA BULAY-OG,

Defendant.

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

ANSWER WITH COUNTERCLAIM

Defendant, MARIA BULAY-OG, through the undersigned counsel, to


this Honorable Court, respectfully states that:

I. ADMISSIONS

The defendant admits the allegation in paragraph 1 of the Complaint in so


far as it relates to her personal circumstances;
Defendant also admits the allegation in paragraph 4 of the Complaint but
only as to the fact that plaintiff did not reside on the subject property;

II. SPECIFIC DENIALS

The allegations in paragraph 1 of the Complaint relating to the personal


circumstances of the plaintiff are denied for lack of knowledge or
information sufficient to form a belief as to the veracity thereof;

The allegations in paragraphs 2 and 3 of the Complaint that the plaintiff is


the absolute and registered owner of the subject lot situated in Bagacay,
Dumaguete City, Negros Oriental, are strongly denied. The truth of the
matter is found in the affirmative defenses found hereunder;

All the other allegations in paragraph 4 of the Complaint are denied for lack
of knowledge or information sufficient to form a belief as to the veracity
thereof;

The defendant strongly denies the allegations in paragraphs 5, 6, 7, 8, 9, and


10 of the Complaint. The truth of the matter is found in the affirmative
defenses found hereunder;

The defendant strongly denies the allegations in paragraphs 11, 12, and 13 of
the Complaint not only for lack of knowledge or information sufficient to
form a belief as to the veracity thereof but also for being distorted
conclusions of facts and law;

III. AFFIRMATIVE DEFENSES

In support of their DENIALS, the defendant asserts the following


affirmative defenses:

3.1The present case is a clandestine attempt on the part of the plaintiff to gain
possession of property through judicial fiat the actual possessor and owner
thereof being defendant Maria Bulay-og. The subject property, Lot No. 20,
Psu-01-23-456789, situated in Bagacay, Dumaguete City, Negros Oriental,
covered by OCT. No. 1122 has been the subject of a Deed of Absolute Sale
entered into by the parties in this case, Juan Tamad and Maria Bulay-og.
Such Deed of Absolute Sale is hereto attached as Annex A.
3.2Proof of the genuineness and due execution of such Deed of Absolute Sale
of Lot No. 20, Psu-01-23-456789 are the following:

a. Sworn statement of Ms. Nina Rose Abiquil, hereto attached as


Annex B, stating that she was present during the transaction
and that she signed as a witness to the Deed of Absolute Sale
notarized by Atty. Marquel Peonila, with document no. 25, page
no 5, book no. X, series of 2013;

b. Sworn statement of a common relative of the parties, Ms. Mary


Junriza Cimeni, hereto attached as Annex C, stating that she
was present when the sale took place and that she also signed as
witness to the Deed of Absolute Sale notarized by Atty. Marquel
Peonila, with document no. 25, page no 5, book no. X, series of
2013;

c. Sworn statement of Atty. Marquel Peonila, hereto attached as


Annex D, stating that he was the lawyer who notarized the
Deed of Absolute Sale with document no. 25, page no 5, book
no. X, series of 2013, executed by Juan Tamad and Maria Bulay-
og sometime in November 2013;

d. BDO deposit slip, hereto attached as Annex E, evidencing the


defendants payment of the amount of thirty-five thousand pesos
(P35,000) to Juan Tamads BDO Account No. 003400392256 on
November 16, 2013, at BDO Robinsons Dumaguete Branch;

e. Acknowledgment receipt dated November 17, 2013, signed by


Juan Tamad, hereto attached as Annex F, affirming the receipt
of the P35,000 as reflected in his BDO account No.
003400392256, which served as payment for the sale of Lot No.
20, Psu-01-23-456789.

3.3After the execution of the Deed of Sale, defendant has made several oral and
formal demands for plaintiff to deliver the Original Certificate of Title No.
1122 over Lot No. 20, Psu-01-23-456789 but the latter has always made
several excuses, such fact pointing to his clear lack of intent to effect
transfer of ownership over said lot to defendant. The last two formal
demands sent by the defendant are hereto attached as Annexes G and
H;

3.4Defendants building of the house over the property was also compliant with
all the requirements provided for by law. As a matter of fact, a permit to
build over Lot No. 20, Psu-01-23-456789, hereto attached as Annex I,
was issued in the name of Maria Bulay-og by the City of Dumaguete signed
by the City Mayor, Beverlynians C. Baluyot.
3.5In view of the overwhelming and unequivocal evidence presented above,
showing that the plaintiff has lost ownership of Lot No. 20 Psu-01-23-
456789 by virtue of a Deed of Absolute Sale executed by her in favor of the
defendant, and that plaintiff deliberately, and without just cause, refused to
deliver the OCT over the said lot, his complaint for accion publiciana is
preposterous, hence, can never prosper;

IV. COMPULSORY COUNTERCLAIM

The defendant replead the foregoing recitals by way of reference;

4.1The filing of this case is clearly baseless and malicious. For such reason, the
defendant and her family has suffered mental anguish, sleepless nights,
serious anxiety and other similar injuries. The plaintiff must then be held
liable to indemnify them the amount of Fifty Thousand Pesos (Php
50,000.00) by way of moral damages;

4.2By reason of the filing of this malicious and baseless complaint, the
defendants were compelled to engage the services of the undersigned
counsel for a stipulated amount of Forty Thousand Pesos (P40,000.00) as
attorney's fee and an appearance fee of Two Thousand Five Hundred Pesos
(P2,500.00) per hearing for which they should be reimbursed by the
plaintiff;

PRAYER

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


Honorable Court that the instant case be DISMISSED for lack of merit.

It is further prayed that after hearing, the plaintiff be held liable to pay
the defendants the following:

a. Fifty Thousand (P50,000.00) Pesos by way of moral damages;


b. Forty Thousand Pesos (P40,000.00) as attorney's fee and an
appearance fee of Two Thousand Five Hundred Pesos (P2,500.00) per court
hearing;

Such other reliefs just and equitable under the premises are likewise
prayed for.

Dumaguete City, December 10, 2016.

THE LAW OFFICES OF


ARIOLA, BOLLOS, CAUPAYAN and SERNA
Counsel for the Defendants
th
4 Floor Portal West Building, Hibbard Avenue
6200 Dumaguete City
Telefax No. 422-1234

By

MARIA CARMELA R. CAUPAYAN


PTR No. 0123456/01-14-14/Dumaguete City
IBP No. 876543 /01-03-13/Dumaguete City
T.I.N. 143-143-143
Roll of Attorneys No. 50505
MCLE Compliance Certificate No. IV-00011111 11/21/15
REPUBLIC OF THE PHILIPPINES)
City of Dumaguete ) S.S.

VERIFICATION

I, MARIA BULAY-OG, of legal age, single, with address at Barangay


Bagacay, Dumaguete City, Negros Oriental, after being sworn to in
accordance with law, depose and state that:

I am the defendant in the above-entitled case; I caused the preparation


of the above Answer with Counterclaim and I have read and understood the
contents thereof; the allegations therein are true of my personal knowledge
and authentic records/verified sworn statements.

IN WITNESS WHEREOF, I have set my hand on this 10 th day of


December 2016, Dumaguete City.

MARIA BULAY-OG
Affiant

SUBSCRIBED and sworn to before me on this 10 th day of December 2016


at Dumaguete City, by the affiant who exhibited to me as competent proof of
their identity her drivers License No. G02-11-004662 issued by LTO
Dumaguete and valid until: December 31, 2016.

MARIA CARMELA R. CAUPAYAN


PTR No. 0123456/01-14-14/Dumaguete City
IBP No. 876543 /01-03-13/Dumaguete City
T.I.N. 143-143-143
Roll of Attorneys No. 50505
MCLE Compliance Certificate No. IV-00011111
11/21/15

Doc. No. 45
Page No. 9
Book No. XX
Series of 2016
AFFIDAVIT OF SERVICE
AND EXPLANATION

I, KENNETH KRISTIAN CRUZ, of legal age, single, and a resident


of Dumaguete City, after being duly sworn to in accordance with law, do
hereby depose and say that:

I am the secretary of the LAW OFFICES OF ARIOLA, BOLLOS,


CAUPAYAN and SERNA;

On December 10, 2016, I personally served a legible copy of this ANSWER,


pursuant to Sections 3, 4, 5, 10 and 11 of Rule 13 of the Rules of Court to
JUAN TAMAD, at his residence in 123 Barangay Bagacay, Dumaguete City.

This affidavit of service is executed in accordance with Sections 3, 4, 5, 10


and 11 of Rule 13 of the Rules of Court;

IN WITNESS WHEREOF, I have hereunto affixed my signature this


th
10 day of December 2016 at Dumaguete City, Philippines;

KENNETH KRISTIAN CRUZ


Affiant

SUBSCRIBED AND SWORN to before me this 10 th day of December


2016 at Dumaguete City, Philippines by the affiant who is personally known
to me.

MARIA CARMELA R. CAUPAYAN


PTR No. 0123456/01-14-14/Dumaguete City
IBP No. 876543 /01-03-13/Dumaguete City
T.I.N. 143-143-143
Roll of Attorneys No. 50505
MCLE Compliance Certificate No. IV-00011111
11/21/15

Doc. No. 46
Page No. 10
Book No. XX
Series of 2016
[ ANNEX A ]
DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This instrument executed by and between:

JUAN TAMAD, of legal age, Filipino, single, and a resident of


Barangay Bagacay, Dumaguete City, Negros Oriental,
hereinafter called the VENDOR;

- in favor of -

MARIA BULAY- OG of legal age, Filipino, married to Mario


Bulay-og, and resident of Tanjay City, Negros Oriental,
hereinafter called the VENDEE;

WITNESSETH: That

WHEREAS, the VENDOR is the owner of a certain parcel of land


known as Lot No. 20, Psu-01-23-456789, located in Barangay Bagacay,
Dumaguete City, Negros Oriental, covered by Orignal Certificate of Title
No. 1122 of the Register of Deeds of Negros Oriental, and which property is
more particularly described as follows;

ORIGINAL CERTIFICATE OF TITLE NO. 1122

A parcel of land, Lot No. 20, Psu-01-23-456789, located


in Barangay Bagacay, Dumaguete City, Negros Oriental,
containing an area of FIVE HUNDRED (500) SQUARE
METERS, more or less..

WHEREAS, the VENDOR offered to sell the said property to the


VENDEE and the latter is willing to purchase the same ;

WHEREFORE, premises considered, for and in consideration of the


sum of THIRTY-FIVE THOUSAND PESOS (P35,000.00) Philippine
Currency, paid to the BDO account of the VENDOR with the no.
003400392256, the full receipt of which is hereby acknowledged to the
latters full and complete satisfaction, the VENDOR do hereby SELL,
TRANSFER and CONVEY, in a manner absolute and irrevocable, in favor
of the VENDEE, its successors and assigns, all his shares, interests, and
participation in the above described property, including all other
improvements found thereon, free from all liens and encumbrances.

The VENDOR has notified the adjacent landowners of the above said
sale and they have manifested their unwillingness to buy the same pursuant
to the provision of the New Civil Code.
That the VENDOR do hereby warrant valid title and peaceful
possession of the above-described property herein sold, and further warrant
that he will protect the VENDEE from any and all claims by other persons
relating to the said property.

IN WITNESS WHEREOF, we have hereunto affixed our signatures


on day of 17th day of November 2013 at Dumaguete City, Philippines.

JUAN TAMAD
Vendor
Voters I.D.# 7332-0693A-F2568EBT20001-9
Issued at Barangay Bagacay, Dumaguete City

and

MARIA BULAY - OG
Vendee
Drivers License No. G02-11-004662
issued by LTO Dumaguete
Valid until: December 31, 2013

Signed in the presence of:

Nina Rose Abiquil Mary Junriza Cimeni


ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


CITY OF DUMAGUETE ) S.S

BEFORE ME, a Notary Public for and in Dumaguete City, Philippines, this
17th day of November 2013, in Dumaguete City, Philippines, personally
appeared the above-named persons exhibiting to me their government-issued
identifications cards as mentioned above, known to me and to me known to
be the same persons who executed the foregoing instrument and who
acknowledged to me that they executed this deed freely, voluntarily, and
intelligently, fully aware of its nature, consequences, and implications.

This instrument which consists of three (3) pages including this page where
this acknowledgment is written has been signed on all pages by the
VENDOR, the VENDEE and their instrumental witnesses.

WITNESS MY HAND AND SEAL.

MARQUEL PEONILA
PTR No. 0987654 01-14-14/Dumaguete City
IBP No. 123456 /01-03-13/Dumaguete City
T.I.N. 123-123-123
Roll of Attorneys No. 121212
MCLE Compliance Certificate No. IV-00022222
11/21/15

Doc. No.25
Page No.5
Book No. X
Series of 2013
[ ANNEX B ]

ate ninins affidavit


[ ANNEX C ]

ate marys affidavit


[ ANNEX D ]

kil2s affidavit
[ ANNEX E ]

bdo deposit slip (ako ray kuha ugma)


[ ANNEX F ]

ACKNOWLEDGMENT RECEIPT

I, JUAN TAMAD, of legal age, Filipino, and a resident of Bagacay,


Dumaguete City, Negros Oriental, do hereby received and acknowledged the
amount of THIRTY-FIVE THOUSAND PESOS (P35,000.00) as payment
of property situated in Banilad, Dumaguete City.

November 17, 2013, Dumaguete City, Philippines.

JUAN TAMAD
Seller

Signed in the presence of:

Nina Rose Abiquil Mary Junriza Cimeni

Republic of the Philippines )


Dumaguete City ) S.S.

BEFORE ME this 17th day of November 2013, at the City of


Dumaguete, with voters ID no. 7332-0693A-F2568EBT20001-9 issued at
Barangay Bagacay, Dumaguete City. Known to me and to me known to be
the same person who executed the foregoing instrument and he
acknowledged to me that the same is his own free act deed.

MARQUEL PEONILA
PTR No. 0987654 01-14-14/Dumaguete City
IBP No. 123456 /01-03-13/Dumaguete City
T.I.N. 123-123-123
Roll of Attorneys No. 121212
MCLE Compliance Certificate No. IV-00022222
11/21/15

Doc. No.26
Page No.6
Book No. X
Series of 2013
[ ANNEX G ]

November 30, 2013

JUAN TAMAD
123 Brgy. Bagacay
Dumaguete City

Dear Juan Tamad:

Greetings!

Consider this letter as a formal demand for the delivery of OCT No. 1122
covering Lot 20, Psu-01-23-456789 situated in Bagacay, Dumaguete City,
Negros Oriental. This is pursuant to the Deed of Absolute Sale that we
executed over the same property last November 17, 2013.

As the new owner, I want to have the lot title immediately transferred under
my name as I have plans of building a residential house over the said
property by January next year.

Sincerely,

MARIA BULAY - OG
[ ANNEX H ]

December 30, 2013

JUAN TAMAD
123 Brgy. Bagacay
Dumaguete City

Dear Juan Tamad:

Greetings!

I have sent several informal and formal demands for the delivery of OCT
No. 1122 covering Lot 20, Psu-01-23-456789 situated in Bagacay,
Dumaguete City, Negros Oriental pursuant to the Deed of Absolute Sale that
we executed over the same property last November 17, 2013.

I have been very considerate of your excuses and delays. Please comply with
your legal obligation to deliver the OCT of the subject property to me or my
counsel, Atty. Angelica Ariola, for processing of a TCT under my name.

As you already know, I want to have the lot title immediately transferred
under my name as I have plans of starting to build a residential house over
the said property by January next year.

Sincerely,

MARIA BULAY OG
[ ANNEX I ]

building permit signed by bever (issued January 30, 2014)