Republic of the Philippines

Regional Trial Court

11th JUDICIAL REGION
Branch ___
Digos City

BENJAMIN FAJARDO III

Plaintiff,

CIVIL CASE NO:______

For: Easement of Right
-versus- of Way, Injunction, with
Damages and Application
for Preliminary Injunction

DOLORES UMBRIDGE
Defendant,

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

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

AND COUNTERCLAIM

NOW COMES the defendant, through her counsel, in

the above entitled case, and to this Honorable Court most
respectfully alleges:

1. Defendant admits the averment in paragraph 1,2,

3, 4, 5, and 6 of the complaint;

2. Defendant specifically denies the allegation in

paragraph 7 of the complaint, the truth being that
there is still another way to highway – (description
and bounds sa way)

3. Defendant specifically denies the allegation in

paragraph 8 of the complaint, the truth being that
the stock fill of sand and gravel was only
temporary and to be consumed for the
construction of the wall fence and covered only a
small portion of the pathway (temporary lang kay
gamiton man pud so dili jud siya magdugay sa
pathway). The pictures presented were not recent
since there are no more stock fill of sand and
 gravel on the said pathway as of the time of the
filing of this Answer.

4. Defendant specifically denies the allegation in

paragraph 9 of the complaint, the truth being that
(

5. Defendant has no knowledge or information to

form a belief as to the truth of the averment in
paragraphs _______ of the complaint;

By way of special and affirmative defenses, defendant

avers:

1. The agreement was verbal;

2. The construction of the walled fence does not

encroach on the said pathway;

3. .

By way of counterclaim, defendant alleges:

1.
2. That by virtue of this unwarranted and malicious
act initiated by the plaintiff, defendant was forced
to engage counsel in the sum of P10,000.00.

WHEREFORE, it is respectfully prayed that the

complaint be dismissed and defendant be awarded the
amount of XXX

Other equitable reliefs are likewise prayed for.

Digos City, Philippines, 2018.

Atty. Mides Cerbo-Lindayag

Counsel for the Defendant
AB Bldg 12 Lim St. Digos City
P.T.R.No.12234 1/12/2018
Digos City
 IBP O.R. No.1234 2/20/2018
Digos City

SUBSCRIBED AND SWORN to before me, this 20 th of

February 2018, by Dolores Umbrdge who exhibited to me
(his/her) Community Tax Certificate No. 12345 issued at
Digos City, Philippines.

Atty. Mides Cerbo-Lindayag

Counsel for the Defendant
AB Bldg 12 Lim St. Digos City
P.T.R.No.12234 1/12/2018
Digos City
IBP O.R. No.1234 2/20/2018
Digos City

Doc. No. 1
Page No. 22
Book No. 2
Series of 2018;