Documente Academic
Documente Profesional
Documente Cultură
Plaintiffs,
- versus -
ANDRES MABINI,
Defendant,
X------------------------/
ANSWER
COMES NOW, the defendant through the undersigned counsel and
unto this honorable court most respectfully avers:
1. That paragraph one (1) of the complaint is denied for lack of
sufficient knowledge and information;
2. That paragraph two (2) is admitted;
3. That paragraphs three (3), four (4), five (5), six (6), seven (7) and
eight (8) are denied for lack of sufficient knowledge and belief;
4. That paragraph nine (9) is admitted as far as the allegation that
Page Two
AFFIRMATIVE DEFENSES
7. That defendant acquired the property where his house is presently
erected from Leo Banghal sometime in 1985;
8. That defendant is a buyer in good faith considering that the time he
bought the said property from Leo Banghal was free from liens and
encumbrances;
9. That defendant has been in possession of the said property for
for more than thirty (30) years already and it is only now that plaintiffs have
questioned defendants ownership of the property subject of this case;
10. That under the law on prescription on real actions over immovable
prescribe after thirty (30) years;
COUNTER CLAIM
11.That by reason of the filing of this baseless complaint by the
plaintiffs against the herein defendant, the latter suffered wounded feelings,
mental anguished and sleepless nights; hence, plaintiffs be ordered to pay
Php 50,000.00 as the damages to the defendant.
Page Three
PRAYER
Wherefore, defendant most respectfully prays before this Honorable
Court to dismiss this instant complaint and to direct the plaintiffs to pay the
defendant Php 50,000.00 as damages and Php 20,000.00 as attorneys fees.
Cebu City, Philippines, September 8, 2015.
Page Four
ARNEL A. PAHANONOT
Counsel for the defendant
PTR # 798654; 1/5/2015; Cebu Prov.
IBP # 868268; 1/3/2015; Cebu City
Roll of Attorneys No. 486687
MCLE Compliance No. IV 001879
Unit B, 2nd Floor, Abad Centrum
Junquera Street, Cebu City
ARTHUR J. PATIGA
Counsel for the defendant
PTR # 88578; 1/5/2015; Cebu Prov.
IBP # 555665; 1/3/2015; Cebu City
Roll of Attorneys No. 789545
MCLE Compliance No. IV 001879
Unit B, 2nd Floor, Abad Centrum
Junquera Street, Cebu City
Page Five
Gerardo Abad
Counsel for the defendant
PTR # 666678; 1/5/2015; Cebu Prov.
IBP # 589645; 1/3/2015; Cebu City
Roll of Attorneys No. 689756
MCLE Compliance No. IV 001879
Unit B, 2nd Floor, Abad Centrum
Junquera Street, Cebu City
VERIFICATION
I, ANDRES MABINI, of legal age, married, Filipino, and a resident of
Cebu City and after having been duly sworn to in accordance with law
hereby depose and say:
1.
2.
3.
4.
IN WITNESS WHEREOF, I have here unto set my hand this 8th day
of September, 2015 at Cebu City, Philippines.
Page Six
ANDRES MABINI
Affiant
SUBCRIBED AND SWORN TO before me this 8th day of September
in Cebu City, Philippines, affiant exhibiting to me his Drivers License No.
6789 issued by the Land Transportation Office on May 8, 2014 at the City of
Cebu.
Page Seven
Copy furnished;
Cesarine Sy Bawasanta,
Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City