Republic of the Philippines

IN THE REGIONAL TRIAL COURT

BRANCH 11
NINTH JUDICIAL REGION
Sindangan, Zamboanga del Norte

HEIRS OF MARIA ANSIBAY SIBUCO, ) CIIVL CASE NO. S-839

Plaintiffs, )
) for:
versus )
) ANNULMENT OF TITLE,
HEIRS OF RODOLFO PARREÑO, ) ANNULMENT OF DEED OF
Defendants. ) EXTRAJUDICIAL PARTITION
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x AND SIMULTANEOUS SALE, ETC.

R E P LY

PLAINTIFFS, by the undersigned Counsel, unto this Honorable Court, by way

of reply to Defendant’s Answer, most respectfully state that:

1. Plaintiffs reiterate the truth and veracity of each and every averment contained

in their complaint;

2. Plaintiffs vehemently deny as false and baseless each and every allegation in

the Defendants’ answer which materially collides with the material averments in the

Plaintiffs’ complaint;

ON THE ALLEGATION THAT PLAINTIFFS DID NOT COMPLY WITH

THE MANDATORY PROVISION ON CONCILIATION PROVIDED

UNDER THE KATARUNGANG PAMBARANGAY LAW

3. Plaintiffs are in possession of a Certification to File Action and machine copies

of the page in the Barangay’s record book showing that they had exerted efforts to settle
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this case amicably by availing the services of the office of the barangay captain in

accordance with the Katarungang Pambarangay Law, copy of said documents are hereto

attached and made integral part hereof. Said documents were not attached to the

complaint because this case is coupled with provisional remedy;

ON THE ALLEGATION THAT THE CAUSE OF PLAINTIFFS

HAD ALREADY PRESCRIBED

4. Parents are the legal guardian of their minor children. When it appears that it is

for the benefit of the ward that a real estate or some part thereof be sold, or mortgaged or

otherwise encumbered, a petition for leave to sell or encumber the estate is required

under Section 1, Rule 95 of the Revised Rules of Court. As such, any sale or

disposition without leave of court is contrary to law and the same is null and void or

inexistent.

.In this case, the contract of sale is null and void because Plaintiffs’ father did not

obtain leave of court to sell the share of his minor children. If the contract is null and

void, the action to declare it null and void or to declare its non-existence does not

prescribe ( Article 1410 of the New Civil Code of the Philippines).

Besides, an action to compel reconveyance of property with a Torrens Title, like

this case, does not prescribe (Caladiao Vs. Vda. De Blas, L-19063, April 29, 1964).

5. Though not properly alleged in their answer, still Plaintiffs vehemently deny

the counter-claim of the Defendants for being false, baseless and illusory;
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PRAY E R

WHEREFORE, it is most respectfully prayed of this Honorable Court that

judgment be rendered in favor of the Plaintiffs and the Defendants’ counterclaim be

dismissed for lack of merit.. It is also prayed that this case be set for Preliminary

Conference as soon as possible.

Other relief, just and equitable, is also prayed for.

Liloy, for Sindangan, Zamboanga del Norte, June 11, 2012..

FELIXBERTO C. BOLANDO
Counsel for Plaintiffs
PTR No. 3375897/1-1-12
Lifetime IBP No. 564562/11-17-03
Roll No. 40500
Fatima, Liloy, Z.N
MCLE Compliance No. IV-0000945
Issued on December 14, 2010

Copy furnished by registered mail due to distance:

Atty. JOSECOR S. GEPOLONGCA

Gepolongca, Calamba and Partners Law Office
Bermudez Bldg., Gov. Lim corner Mabini Sts.
Poblacion, Sindangan, Zamboanga del Norte

C E R T I F I C A T I ON

I HEREBY CERTIFY under my oath that due to distance, copies of this reply
have been sent to counsel for Defendants at his given address and to this Honorable
Court by registered mail being the most practical and inexpensive way of service.

FELIXBERTO C. BOLANDO