Republic of the Philippines

IN THE MUNICIPAL TRIAL COURT OF ECHAGUE

Second Judicial Region
Province of Isabela
H_____N. M______,
Plaintiff, CIVIL CASE NO. 1____

-versus- FOR: RECOVERY OF POSSESSSION

WITH DAMAGES
______________ and
________________,
Defendants.
x-----------------------------------x

ANSWER WITH COUNTER CLAIM

DEFENDANTS, by counsel, through the Honorable Court, most respectfully
states THAT:

1. Paragraph I of the Complaint is specifically denied due to lack of

knowledge or sufficient information to form a belief as to the personal
circumstances of the plaintiff;

2. Paragraph II of the Complaint is admitted;

3. Paragraph III and IV of the complaint are specifically denied for

lack of knowledge or sufficient information to form a belief as to the
veracity thereof.

NEGATIVE DEFENSE

J___ O. L______ is the lawful and registered owner of the subject

real property having purchased the same from its former owner J____
M______ as evidence by TCT No. T-_____ SC-______ issued on July 12,
200_. Copy of the said certificate of title is hereto attached and marked
as Annex “1”

Plaintiff is not entitled to possession of the subject real property.

She is not the lawful owner thereof. Her title as evidence of her
ownership over the subject real property is spurious, hence, it can
never be a source of a right or claim. In People vs. _____, Crim Case
No.___ filed before RTC-B-24 of Echague, Isabela, Plaintiff who was
then the private complainant admitted that the title over the subject
real property was in the name of J____ O. L_____. The latter executed
in her favor a Deed of Sale covering the subject real property. She also
admitted that he never saw J___O. L______ neither transacted with
him. It was J______ M______ whom she transacted with;

J______ M______ was the former owner of the subject real

property. She sold the real property to J_____ O. L____ on _____2012.
The latter immediately took possession of the real property and the
transfer of the title in his name. He then appointed the respondent as
administrator of the subject real property;

J____O. L____ never sold nor executed a Deed of Sale over the
subject real property. His signature appearing on the Deed of Sale in
favor of plaintiff is a forgery. The date of the execution of the Deed of
Sale, J____O. L____ was already abroad.

J____O. L____ being the lawful owner of the subject real property
has all the right to use and possess the same.

COMPULSORY COUNTER CLAIM

 Defendants reiterate the foregoing allegations and further states
THAT:

Due to the filing of the Complaint, defendants’ reputation have

been duly tarnished, for which reason, plaintiffs should be held liable in
the sum of P 50, 000.00 by way of moral damages;

By way of example and in the interest of public good so that

others may be deterred from filing a similar Complaint, plaintiffs should
be held liable for exemplary damages in the sum of P20, 000.00;

In order to protect their rights and interests, defendants were

constrained to engage the services of a lawyer whom they paid the sum
of P30, 000.00 as Attorney’s fee plus P2,500.00 honorarium per court
appearance.

PRAYER

WHEREFORE, on the basis of the foregoing, it is so respectfully

prayed of the Honorable Court to render judgment in favor of the
defendant by DISMISSING the Complaint, and thereafter, award to the
defendant the damages as set forth in the counter-claim.

Other reliefs just and equitable under the premises are likewise
prayed for.

________, Isabela. May 10, 2019.

______ LAW OFFICE

 Counsel for the Defendants
_____ Bldg., ______,
_______, Isabela

By:

ATTY. F_______ M. G______

Roll No. 719__
PTR No. 10793692/ 01- 03-19/Isabela
IBP Receipt No. 043019/05-17-2018
MCLE Comp. No. V-0005915/10-01-2018
MCLE is valid until April 14, 2022
gm_james0031@yahoo.com / 0905-866-9095

The Clerk of Court

MTC- Echague, Isabela

Please submit to the Honorable Court the foregoing Answer

immediately upon receipt hereof for favorable action. Thank you.

F________ M. G_________

Copy furnished via registered mail:

ATTY. D___ A_____ M____ V. _______

_____ LAW OFFICE, 2nd Floor, ______ Bldg.,
____ Ave., District I, _____ City, Isabela