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Supplemental Answer

This document is a supplemental answer/opposition filed in response to a petition for a writ of prohibitory injunction. It summarizes that the respondent personally investigated the notary public on a document titled "Kasulatang Bilihan ng Lupa" and found that the lawyer was not a commissioned notary, making the document invalid. It also claims the document is fraudulent and void, and that one of the signatories was mentally incapacitated and thus unable to consent to any contract according to the Civil Code. Affidavits are attached as evidence.

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albert bolante
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3K views2 pages

Supplemental Answer

This document is a supplemental answer/opposition filed in response to a petition for a writ of prohibitory injunction. It summarizes that the respondent personally investigated the notary public on a document titled "Kasulatang Bilihan ng Lupa" and found that the lawyer was not a commissioned notary, making the document invalid. It also claims the document is fraudulent and void, and that one of the signatories was mentally incapacitated and thus unable to consent to any contract according to the Civil Code. Affidavits are attached as evidence.

Uploaded by

albert bolante
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Fourth Judicial Region


REGIONAL TRIAL COURT
Branch 5
Lemery, Batangas

SPOUSES NARCISO and


LOLITA GOMEZ,
Petitioners,
SP. Civil Action No. 01-2019
For: Issuance of a Writ of
Prohibitory Injunction with
-versus- Prayer for Temporary
Restraining Order and
Preliminary Injunction

LAMBERTO MARCIAL,
Respondent.
x----------------------------------------------------------------x

SUPPLEMENTAL ANSWER/OPPOSITION
(To Petitioner’s Petition dated July 22, 2019)

Defendant LAMBERTO MARCIAL, through counsel, unto this Honorable


Court, respectfully states that:

1. On August 9, 2019, respondent filed his Answer/Opposition with


Counterclaim to the petitioner’s petition for issuance of prohibitory
injunction.

2. After said Answer/Opposition with Counterclaim has been filed,


occurrences or events have transpired to the acquiescence of the
respondent in connection with the matters involved in the instant case;
hence, this Supplemental Answer/Opposition to petitioner’s petition
dated July 22, 2019.

3. On ___________, respondent personally went to RTC ex-officio to


conduct inquiry on the validity of the notary public appearing on the
“Kasulatang Bilihan ng Lupa”. However, he learned that the lawyer who
notarized the said document was not commissioned as notary public.
Thus, the “Kasulatang Bilihan ng Lupa” upon which the notarial seal
appeared is not valid as a public document, with the effect as if it was not
notarized at all.

1
Copy of the certification for ____________ is attached as Annex “1”
hereof.

4. Anent the foregoing, it is worth mentioning that the “Kasulatang Bilihan


ng Lupa” is really fake, fraudulent and void.

5. Further, ________ whose signature appeared on the alleged “Kasulatang


Bilihan ng Lupa” was a demented person. In fact, such mental incapacity
was known in their neighborhood. Eventually, he could not have signed
the “Kasulatang Bilihan ng Lupa” due to such incapacity, or if one, for
purposes of argumentation, has been constituted, the same cannot be
given any effect according to Article 1327 of the New Civil Code which
provides, thus:

“Art. 1327. The following cannot give consent to


a contract:
(a) Unemancipated minors;
(b) Insane or demented persons and deaf
mutes who do not know how to write.”

Affidavit executed by a neighbor to prove mental incapacity of


___________ is attached as Annex “2” hereof.

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


Honorable Court that this Supplemental Answer/Opposition be admitted.

Quezon City for Lemery, Batangas, August 15, 2019.

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