Republic of the Philippines

REGIONAL TRIAL COURT OF ZAMBOANGA CITY

9th Judicial Region
Branch 12

________________________ CIVIL CASE NO. 4679

Plaintiffs,

-versus- -for-

______________________ NULLIFICATION OF DEED OF

Defendant, SALE WITH DAMAGES
x- - - - - - - - - - - - - x

ANSWER WITH COUNTERCLAIM AND CROSSCLAIM

COME NOW, the Defendants, ____________________________,

through the undersigned counsel, unto this Honorable Court,

in the above-entitled case, most respectfully allege:

1. That they admit paragraphs 1 and 2 of the amended

complaint;

2. That they deny paragraph 3 of the amended

complaint, the truth being that Spouses Felix

Bartolome and Rafaela Atilano were registered

owners of a one-fifth (1/5) parcel of land covered

by TCT No. T-26,186 owned in common in pro

indiviso with Felix’s brothers and sisters;

3. That they lack knowledge or information to form a

belief as to the truth of the allegations

contained in paragraphs 4, 5, 6, 7, 8, 9, 10, 11,

12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 of the

amended complaint and therefore, specifically deny

the same;

for their SPECIAL/AFFIRMATIVE defenses, further aver:

Answer w/ Counterclaim & Crossclaim Page 1 of 6

Atilano, et al. vs. Centeno & __________________: Civil Case No. 4679
 4. That answering defendants bought the subject

property covered by Transfer Certificate Title No.

T-124-776 upon finding that no notice of lis

pendens or any other annotation that may indicate

a conflicting claim not until after forty-eight

(48) days after the sale or on July 30, 1997, that

a notice of lis pendens was annotated in the said

title indicating that the property is the subject

of a litigation pending before the Municipal Trial

Court of Zamboanga City filed on July 28, 1997;

5. That answering defendants were surprised that when

T.C.T. No. T-124-776 was cancelled and Transfer

Certificate Title No. T-136,402 were issued in

their names, an annotation of lis pendens was made

thereon which prompted them to investigate and

upon learning that the case was already dismissed

they forthwith applied for the cancellation of the

said notice which was thereafter granted by the

Register of Deeds;

6. That there was undue delay on the part of the

plaintiffs in enforcing their rights that not

until June 23, 2000 a notice of adverse claim was

registered with the Register of Deeds of Zamboanga

City, and the sale could not have been perfected

had there been prompt and timely notification of

their claims;

by way of COMPULSORY COUNTERCLAIM, answering defendants

allege:

Answer w/ Counterclaim & Crossclaim Page 2 of 6

Atilano, et al. vs. Centeno & __________________: Civil Case No. 4679
 7. That the allegations in paragraphs 1 to 6 of the

answer are hereby reproduced and reiterated;

8. That the filing of the malicious and groundless

action by plaintiffs against answering defendants

has caused the latter mental anguish, serious

anxiety and embarrassment and has besmirched his

reputation for which he should be compensated by

way of moral damages the amount of which, though

not capable of pecuniary estimation, would be not

be less than_______________________;

9. That the reckless and wanton attitude of

plaintiffs in bringing the present action against

answering defendants should be penalized by way of

exemplary damages, the amount of which is left to

the sound discretion of the Honorable Court;

10. That the answering defendants were forced to

secure the services of counsel to defend their

interests from plaintiffs’ action, the reasonable

value of which would not be less than ________;

and for their CROSSCLAIM against their co-defendant,

answering defendants further allege:

11. That they thereby replead, reiterate and reproduce

all the material allegations contained in the

foregoing answer with special/affirmative defenses

and in the counterclaim;

12. That defendant Centeno should reimburse answering

defendants on any and whatever amount the latter

may be held answerable or which they may be

ordered or suffered to pay under and by virtue of

Answer w/ Counterclaim & Crossclaim Page 3 of 6

Atilano, et al. vs. Centeno & __________________: Civil Case No. 4679
 the present action in favor of the plaintiffs,

answering defendants not having benefited

whatsoever from the property which defendant

Centeno registered in her name;

13. That defendant Centeno should be liable to

answering defendants for the latters’ actual and

moral damages as adverted to in the counterclaim

either individually or solidarily with the

plaintiffs;

14. That defendant Centeno should pay plaintiffs

directly and fully on the amounts claimed by the

latter in its amended complaint, she having

benefited directly and exclusively from the

transaction alleged in the amended complaint.

PRAYER

WHEREFORE, premises considered, answering defendants

respectfully pray to the Honorable Court to render judgment

as follows:

1. by dismissing the complaint against answering

defendants;

2. by ordering plaintiffs to pay answering defendants

moral damages amounting to not less

than_________________, plus exemplary damages as

the a Honorable Court may find reasonable, plus

attorney’s fees of _______________ and the costs

of suit;

3. by ordering defendant Regina Centeno to pay

directly and full to the plaintiffs the amounts

claimed by the latter in the complaint;

Answer w/ Counterclaim & Crossclaim Page 4 of 6

Atilano, et al. vs. Centeno & __________________: Civil Case No. 4679
 4. by ordering defendant Regina Centeno to pay

individually or solidarily with the plaintiffs the

amounts claimed by answering defendants in its

counterclaim; to wit: moral, exemplary and actual

damages plus costs of suit;

5. by ordering defendant Regina Centeno to pay

answering defendants for any and whatever amounts

the latter may be held liable to or be ordered or

suffered to pay plaintiffs under and by virtue of

the plaintiffs’ claim in the present action.

Answering defendants pray for such other and further

relief as may be just and equitable in the premises.

Zamboanga City, Philippines, March , 2001.

VERIFICATION/CERTIFICATION
WE, Ernesto M. __________________ and Gloria J.
__________________, of legal age, married to each other,
Filipinos, with postal address at Tugbungan, Zamboanga City,
Philippines, after having been duly sworn to an oath in
accordance with law, do hereby depose and say:

1. That we are the defendants in the above-entitled

case;
2. That we have caused the preparation and filing of
the above-entitled Answer with Counterclaim and
Crossclaim;
3. That the allegations contained therein are true and
correct of our own knowledge and belief;
4. That, to the best of our knowledge, no such other
action or proceeding is pending with the Supreme
Court, the Court of Appeals, or any tribunal or
agency;
5. That, if we should learn that any other similar
action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals or
different divisions thereof, or any tribunal or
agency, we undertake to report the fact within five
(5) days therefrom to the court, tribunal or agency
wherein the original pleading is filed.
Zamboanga City, Philippines, March , 2000.

Answer w/ Counterclaim & Crossclaim Page 5 of 6

Atilano, et al. vs. Centeno & __________________: Civil Case No. 4679
 Ernesto M. Gloria J.
__________________ __________________
Affiant Affiant

-Oath-
Republic of the Philippines)
City of Zamboanga- - - - - )S.S.
X - - - - - - - - - - - - X)
SUBSCRIBED AND SWORN TO before me this __day of March
2001. Affiants Ernesto M. __________________ and Gloria J.
__________________ exhibited to me their Community Tax
Certificate Numbers . . . . . . . . . .
and . . . . . . . . . , respectively issued on . . . . . . .
. . and on . . . . . . . . at Zamboanga City, Philippines.

Answer w/ Counterclaim & Crossclaim Page 6 of 6

Atilano, et al. vs. Centeno & __________________: Civil Case No. 4679