Republic of the Philippines
REGIONAL TRIAL COURT
Sixth Judicial Region
Branch 36
Iloilo City
REYNALDO ASPERA AND
RACHEL ASPERA – PAJA
Plaintiffs, CIVIL CASE NO. 05-12345
FOR: UNLAWFUL DETAINER
AND DAMAGES
-versus-
MARIA PEDREGOSA,
VICTORIA PALOMAR,
CHARMIE ESPANA and
FRED SANTOS
Defendants.
X-------------------------------------------------------X
ANSWER
COME NOW, defendants MARIA PEDREGOSA, VICTORIA
PALOMAR, CHARMIE ESPANA and FRED SANTOS in the above-entitled
case, thru the undersigned counsel and to this Honorable Court, most
respectfully allege:
THAT -
1. DEFENDANTS, MARIA PEDREGOSA, married, VICTORIA PALOMAR,
married, CHARMIE ESPANA, single and JUAN SANTOS, single, are all
of legal age, Filipinos, and residents of Brgy. Buhang, Jaro, Iloilo City,
Philippines and they may be served notices and processes of the
Honorable Court thru the undersigned counsel;
2. DEFENDANTS, admit the allegations in paragraph 2 of the complaints
as to their personal circumstances;
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3. DEFENDANTS, have no knowledge or information sufficient to form
a belief as to the allegations in paragraph 1 and 3 of the complaint;
4. DEFENDANTS deny the allegations in paragraph 4 of the complaint,
the truth is that their predecessors ' use and occupancy on the lot in
question was based on the belief that it is part of the Estrella Estate;
5. DEFENDANTS, have no knowledge or information sufficient to form
a belief as to the allegations in paragraph 5 of the complaint on the
matter of death of Marie Aspera and her successors ; and defendants,
maintain that their use and occupancy of the lot in question is based
on the use and occupancy of their predecessor who first used and
occupied the lot in question that it is part of the Estrella Estate;
6. DEFENDANTS, have no knowledge or information sufficient to form
a belief as to the allegations in paragraph 6 of the complaint;
7. DEFENDANTS have no knowledge or information sufficient to form
a belief as to the allegations in paragraph 7; 8, 9, 10 and 11 of the
complaint;
8. DEFENDANTS admit that they are still in possession, use, occupancy
and enjoyment of the lot in question based on the premise that said
lot is part of the Estrella Estate and if ever the plaintiffs suffered any
damage and prejudice, defendants are at no fault but it is to their
own making by filing this baseless suit;
9. DEFENDANTS, have no knowledge or information sufficient to form
a belief as to the allegations in paragraph 13, if ever plaintiffs incurred
expenses it is of their own making by filing this baseless suit;
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AFFIRMATIVE DEFENSES
10. Plaintiffs' claim of damages are: 1.) litigation expenses in the sum of
P50,000.00 2.) P25,000.00 for attorney 's fee, 3.) for P3,000.00
appearance fee 4.) reasonable use of the property for twelve (12)
months P300,000.00;
11. DEFENDANTS, legitimately acquired residential houses situated on
the questioned lot from their predecessors and through their efforts
improved it to its present condition;
12. DEFENDANTS' predecessors were given authority to construct the
said house long before any person claimed ownership over the lot in
question;
13. The defendants, being a builders in good faith, are entitled to exercise
the rights granted to builders in good faith under the New Civil Code;
and the occupancy being tolerated for more than one (1) year, a
different cause of action should have been filed;
14. Iloilo City is a highly urbanized city, that under the Urban Land
Reform Code, relocation should be provided by plaintiffs to dwellers
they seek to be displaced;
15. There being no concrete mechanism offered by plaintiffs to comply
with the Urban Land Reform Code, this petition should be
DISMISSED;
16. DEFENDANTS, together with other residents of Brgy. Buhang, Jaro,
Iloilo City had filed a petition to quiet their title, docketed as case
No. 16-88822, before the Regional Trial Court Branch 26, Iloilo City,
Philippines because of the serious possibility of being ejected on their
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premises based on a questionable claim of ownership of the lot in
question by plaintiffs;
COUNTERCLAIM
17. DEFENDANTS, by way of counterclaim re-pleads all the allegations
mentioned above;
18. To answer this baseless suit, defendants have to hire the services of
counsel and have agreed to pay him an acceptance fee of Twenty
Five Thousand (P25,000.00) Pesos.
19. This baseless and reckless suit humiliated the defendants in their
neighborhood that it caused them to suffer sleepless nights and
besmirched reputation, entitling them to moral damages in the sum
of Thirty Thousand (P30,000.00) Pesos;
20. To prevent others from filing groundless and reckless suits, similar to
this present case, and to serve as a lesson for the public good, plaintiffs
should be made to pay exemplary damages in the sum of Twenty
Five Thousand (P25, 000.00) Pesos to the defendants;
21. DEFENDANTS, have agreed to pay their counsel Three Thousand
(P3,000.00) Pesos for every appearance in court;
22. DEFENDANTS, will also incur expenses in the sum of Twenty
Thousand (P20,000) Pesos for every appeal that either party may
make.
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PRAYER
WHEREFORE, premises considered it is respectfully prayed for the
Honorable Court to DISMISS the above-entitled case and order plaintiffs to
pay each defendant:
23.Twenty Five Thousand (P25, 000.00) Pesos for acceptance fee of
their counsel
24. Thirty Thousand (P30, 000.00) Pesos for moral damages.
25. Twenty Five Thousand (P25, 000.00) Pesos as compensatory
damages;
26.Three Thousand (P3,000.00) Pesos for every appearance of
defendants' counsel in court;
27. Twenty Thousand (P20,000.00) Pesos, for every appeal that either
party may make.
Defendant likewise prays for other reliefs and remedies just and
equitable under the premises.
City of Iloilo, Philippines, March 5, 2018.
VILLANUEVA-VILLANUEVA LAW OFFICES
Counsel for the DEFENDANTS
Suite 88, Third Floor, One Global Center
Iloilo Business Park, Mandurriao, Iloilo City
BY:
ATTY. RIA MAY P. VILLANUEVA
IBP NO. 841555, 1/03/15, Iloilo City
PTR NO. 2222590, 1/02/15, Pototan, Iloilo
ROLL OF ATTORNEYS NO. 22885
MCLE Comp. No. IV-0002111, 03/25/13
Copy Furnished:
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ATTY. REY VICTORINO A. PADILLA
Counsel for the Plaintiffs
Mezzanine Floor, Arguelles Building I
Arguelles St., Jaro, Iloilo City
Received by: ____________________
Date: ___________________________
- And -
ATTY. CHARMAGNE P. ESPAÑOLA
Counsel for the Plaintiffs
Mezzanine Floor, Arguelles Building I
Arguelles St., Jaro, Iloilo City
Received by: ____________________
Date: ___________________________
REPUBLIC OF THE PHILIPPINES )
CITY OF ILOILO )S.S.
x-----------------------------------------------x
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
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We, MARIA PEDREGOSA, married, VICTORIA PALOMAR, married,
CHARMIE ESPANA, single and JUAN SANTOS, single, all of legal age,
Filipino, and residents of Brgy. Buhang, Jaro, Iloilo City after having been
sworn in accordance with law, do hereby depose and state:
1. That we are the Defendants in the above-entitled Answer;
2. That we have caused the preparation of said Answer;
3. That we have read the allegations therein contained, and that the
same are true and correct of our personal knowledge or based on
authentic records;
4. That we have not commenced any action or filed any claim
involving the same issues in any court, tribunal, or quasi-judicial
agency and, to the best of our knowledge, no such other action or
claim is pending therein; and,
5. If we should learn that the same or similar action or claim has been
filed or is pending, we shall report that fact within five (5) days
therefrom to the court wherein the aforesaid complaint or
initiatory pleading has been filed.
In witness whereof, we have hereunto set our hands this 8th day of
March 2018 at Iloilo City, Philippines.
MARIA PEDREGOSA VICTORIA PALOMAR
Defendant Defendant
CHARMIE ESPANA JUAN SANTOS
Defendant Defendant
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The Defendants, whose names and personal circumstances are stated
above, personally appeared before me this ____ day of _______________
2018 in the City of Iloilo, Philippines, presented the foregoing Answer,
signed the same in my presence and affirmed under oath to the correctness
of the contents or allegations of the same.
The Defendants are personally known to me and are properly
identified by exhibiting to me a competent evidence of identity known as
_____________________ and ___________________, bearing their
photograph and signature.
Doc. No.:___;
Page No.:___;
Book No.:___;
Series of 2018.
