REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

7TH JUDICIAL REGION
BRANCH x x x
Cebu CITY

BIEN V. NIDO,
Plaintiff
Civil Case No.
xxx
- Versus –
For: Unlawful Detainer
HERMO GINES,
Defendants.
x---------------------------------x

ANSWER

The defendant, HERMO GINES, by counsel, respectfully states:

I. ANSWER

1. Paragraphs 3 of the Complaint are admitted.

2. Paragraphs 4 to 13 of the Complaint are denied for lack of knowledge or information sufficient
to form a belief as to the veracity or falsity thereof, the allegations therein being matters known
only to, and are within the control only, of the plaintiff.
3. Paragraph 6 of the Complaint is denied for lack of knowledge and information sufficient to
form a insofar as it alleges that the defendant has no basis or justification to occupy the subject
property, the truth being those alleged in the special and affirmative defenses part herein below.

II. SPECIAL AND AFFIRMATIVE DEFENSES

4. The title to and ownership over the subject property is in the name HERO GINES( grandfather
of defendant) as evidenced by an Acknowledgement Receipt dated August 7 ,1971 which is
attached hereto as exhibit/annex __ and entry no. ___ ;dated November ,1971, of a Notarial
Registry certified to by the National Archives, copy of which is hereto attached asExhibit/annex
___} ,its registered owner, and not the plaintiff.
5. The plaintiff is not “the owner” of the subject property, contrary to her allegation in Par. 4 of
the Complaint.

7. The defendant has no knowledge of the alleged Certificate of Title attached by the plaintiff
in their complaint
8.. Since 1971 up to the present time, the Gines Family has been in possession of the subject
property. As far as the Defendant is concerned, they have been in open, continuous, exclusive,
notorious and adverse possession in the concept of and owner for value. They derived their right
of ownership and possession from Doming V. Nido (grandfather of the plaintiff) who ceded, sold,
transferred and conveyed the subject property for value in favor of HERO GINES (grandfather
of the defendant). (annex TCT/Acknowledgement receipt,notarial registry)

III. COMPULSORY COUNTERCLAIM

9. By reason of the abuse of right committed by the plaintiff and by reason of the instant precipitate
and unfounded suit, the defendant was constrained to hire the services of a lawyer to defend his
rights and interests for a professional fee of P20,000.00 plus P3,000.00 per court appearance;

10.Similarly, the plaintiff’s unfounded suit has caused the defendant mental anguish and suffering
and public humiliation and embarrassment, for which the defendant claims moral damages of
P100,000.00.

IV. PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the parties be given ample time
to reach an amicable settlement before the xxx City Mediation Center; and that in case of a failure
thereof, and after trial, the complaint be dismissed for lack of merit and the
defendant’s compulsory counterclaim be granted, i.e.. attorney’s fees of P20,000.00 plus moral
damages of P100,000.00, plus costs of suit.
The defendant respectfully prays for such and other reliefs as may be deemed just and equitable in
the premises.
Cebu City, 30 December 2019.

BACALTOS EPE LAPE LEDESMA MAYORDO VILLA

(BELL MV LAW)
Counsel for Defendant HERMO GINES
B-3 VHT Arcade, F. Cabahug St.,
Corner Almendras St., Cebu |City
Telephone: (032) 231-3288

By:
JAYSELLE REMEDIOS BACALTOS
PTR NO. 080464
ISSUED on January 3,2019
Cebu City
IBP No. 0656565,1-3-2019
Atty Roll no. 656502
Republic of the Philippines)
City of Cebu ) S.S.

VERIFICATION &
CERTIFICATION OF NON-FORUM SHOPPING

I, HERMO GINES, after having been sworn to in accordance with law, do hereby depose and
declare that:

1. I am the Defendant in the instant case;

2. That I have caused the preparation of said answer.

3. That I have read the allegations therein contained, and that the same are true and correct of
my personal knowledge.

4. That I have not theretofore commenced any action or filed any claim involving the same
issues in any court or tribunal, or quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein; and if I should thereafter learn that the same or similar
action or claim has been filed or pending, I shall report that fact within (5) days therefrom to the
court wherein the aforesaid complaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 30 December 2019 at Cebu City.

HERMO GINES
Affiant
TIN: 987-654-321

SUBSCRIBED AND SWORN to before me this 30th day of December 2019, at Cebu City.

Doc. No. ___;

JACQUELINE JIVA D. LEDESMA
Page No. ___; Notary Public
Until December 31, 2021
Book No. ___; PTR No. 080689
Issued 01/03/2019/Cebu City
Series of 2019. IBP No. 080689, 1-3-2017
Atty. Roll No. 080989

Copy Furnished:

ATTY. KARLA LYSHA J. LASTIERRE

Counsel for plaintiff
2nd Floor, USPF Building
Salinas Drive, Lahug, Cebu City
6000 Philippines