Branch 42 Tacloban City A,B,C,D,E,F, Heirs of Spouses Pedro and Maria Go Plaintiff, Civil Case No. 1123 (For: Forcible Entry) VS, Spouses Arturo Sandoval and Cristy Sandoval Defendants. x ----------------------------------------- x ANSWER COMES NOW DEFENDANTS, by counsel and unto this Honorable Court, respectfully states and avers that: 1. Defendants DENY the allegations stated in paragraphs 1 and 3 of the complaint for lack of knowledge or information sufficient to form a belief as to the truth or falsity thereof; 2. Insofar as paragraphs 2, 4, 5 and 8 are concerned, Defendants DENY for want of knowledge, such allegation being Plaintiffs personal opinion or conclusion only and not an allegation of ultimate facts; 3. Paragraphs 6, 7 and 10 of the complaint is DENIED, the truth being that no attempt to settle the matter was made, as evidenced by the absence of the certification from the Lupong Tagapamayapa; 4. Paragraph 9 of the complaint is DENIED, the truth being that the Defendants are the true and lawful owners of the questioned property, evidenced by the Transfer Certificate of Title No. T-4823, issued in the Register of Deeds for the Tacloban City, by virtue of a Deed of Absolute Sale, copies of which are attached herein as annexes A and B, respectively; 5. Moreover, Plaintiffs were NEVER in possession of the subject property before the Defendants occupied the same. The Supreme Court held in the following cases, to wit: 1|P a g e
Accordingly, in forcible entry, the plaintiff must allege in the
complaint and prove that he was in prior physical possession of the property in litigation until he was deprived thereof by the defendant, but in unlawful detainer, the plaintiff need not have prior physical possession of the property (Demamay vs. Court of Appeals, 186 SCRA 608, 612 [1990]) or, elsewise stated, prior physical possession is not an indispensable requirement in an unlawful detainer case. 6. Defendants had experienced harassment causing sleepless nights and peace of mind to the extent that the Defendants study as a law student had suffered. In this regard, the Plaintiff should be made liable to pay moral damages amounting to PhP30,000.00; 7. In instituting this unwarranted and clearly unfounded suit against the Defendants, Plaintiffs had acted in a wanton, fraudulent, reckless and malevolent manner and, by way of example or correction for the public good, Plaintiff should be made liable to pay Defendant exemplary damages in the total amount of PESOS:ONE HUNDRED THOUSAND (P100,000.00); 8. As a further consequence of the malicious and wrongful filing of the present action, Defendants were constrained to hire the services of counsel for a legal fee of PESOS: FIFTY THOUSAND (P50,000.00), plus PESOS:TWO THOSUAND (P2,000.00) per court appearance, and to incur expenses of litigation for which plaintiff should be made to pay. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants respectfully prays to this Honorable Court to: a) DISMISS the complaint for utter lack of cause of action against Defendants and failure to comply with the condition precedent for filing the claim; b) AWARD moral damages in the amount of PhP 30,000.00; c) AWARD exemplary damages in the amount of PhP 100,000.00; d) AWARD Attorneys fee in the amount of PhP 60,000.00; and e) Cost of suit. 2|P a g e
Defendant prays for such other reliefs, just and equitable under the circumstances. Tacloban City, January 15, 2015
ATTY. MARY IVY M. PACALA
Counsel for the Defense nd 2 Flr. Rovic Bldg, Tacloban City Tel No. 0922-8766890 Email: ivypacala@gmail.com PTR No. 123456; 01-08-2013; Tacloban City IBP No. 123456; 01-08-2013; Tacloban City Roll of Attorneys No. 999999 MCLE Compliance No. IV-123456; January 8, 2013 Republic of the Philippines ) ___________________) s.s. VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, Arturo Sandoval, of legal age, Filipino, and with postal address at Brgy. 62 B Sagkahan Tacloban City, Philippines, after having been duly sworn in accordance with law, hereby depose and state that: 1. I am the Plaintiff in the above-mentioned case; 2. I have caused the preparation and filing of the foregoing Complaint; 3. I have read the contents of the foregoing Complaint; the facts stated therein are true and correct to the best of my own personal knowledge and based on authentic records; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, Court of Appeals, or different divisions thereof, or any other tribunal or agency, and that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, Court of Appeals, or different divisions thereof, or in any other tribunal or agency; 5. If I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, Court of Appeals, or different divisions thereof, or in 3|P a g e
any other tribunal or agency, I undertake to promptly report
such fact within five (5) days to this Honorable Court; 6. This Verification/Certification of Non-Forum Shopping is being filed in good faith. IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of January 2015 at the City of Tacloban. Arturo Sandoval Affiant
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SUBSCRIBED AND SWORN TO before me this 15th day of
January 2015 at the City of Tacloban; affiant with a competent evidence of identity and exhibiting to me her Drivers License No. 456789, issued on January 1, 2013 by the Land Transportation Office, bearing her photograph and signature. Doc. No. ____; Page No. ____; Book No. ____; Series of 2013.