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Name
From SALVADOR SUMUNDONG TANDUS JR. To SALVADOR
SUMONDONG TANDUS JR.
Name of Mother
From PHOEBE B. SUMUNDONG To ANGELITA SUMONDONG
TANDUS
defendant has been illegally possessing and occupying the subject lot even before the
plaintiffs acquired the same and also denies the averments in paragraph 10 of the
complaint the truth of the matter is that:
d. Thus, the plaintiffs are bound by the lease entered into by and
between their predecessors-in-interest and defendant’s parents pursuant
to Article 13111 of the Civil Code. Further, plaintiffs have not made any
prior demand to pay them rent with respect to the use of the subject lot;
11. Defendant is not illegally occupying a small portion of the subject lot as
his father, predecessor-in-interest of defendant, even lawfully constructed a building
thereon and which was duly declared for real property tax purposes;
12. The complaint is procedurally infirm for failure to implead the spouse
of the defendant as required under Section 4, Rule 32 of the Rules of Court;
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Contracts take effect only between the parties, their assigns and heirs, except in case where the rights
and obligations arising from the contract are not transmissible by their nature, or by stipulation or by
provision of law. The heir is not liable beyond the value of the property he received from the decedent.
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Section 4. Spouses as parties. — Husband and wife shall sue or be sued jointly, except as
provided by law.
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COUNTERCLAIM
14. First, defendant is invoking his right to be refunded of the necessary and
useful expenses under Article 546 of the Civil Code being a possessor or builder in
good faith;
If there was bad faith, not only on the part of the person who built,
planted or sowed on the land of another, but also on the part of the
owner of such land, the rights of one and the other shall be the same as
though both had acted in good faith.
16. Since defendant is a builder in good faith, he is entitled to the relief and
right of retention provided under Article 546 of the Civil Code. Thus, he shall prove
his necessary and useful expenses during the trial of this case. The said provision reads:
17. Lastly, due to the malicious filing of this instant suit, defendant hired
the legal services of the undersigned counsel for a fee the amount of which shall be
proven during the trial;
EX-PARTE MOTION
18. On July 12, 2018, defendant received the summons and a copy of the
complaint from the Honorable Court directing defendant to file his answer within the
reglementary period. However, paragraphs 5 and a portion of paragraph 4 of the
complaint that was served upon the defendant are not visible to the reader’s eye.
Perhaps due to an inadvertence in photocopying the original copy of the complaint;
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Emphasis Supplied.
4
Emphasis Supplied.
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Section 11, Rule 11, Rules of Court. Extension of time to plead. — Upon motion and on such terms as
may be just, the court may extend the time to plead provided in these Rules.
The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed
by these Rules.