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-versus-
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2.1 Plaintiff cannot claim rightful ownership over the said properties, because
the property described in his Transfer Certificate of Title is situated in a
different location from the property we POSSESS IN GOOD FAITH.
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4. Paragraph 6 is DENIED. The truth of the matter is we have only received
ONE Demand Letter from the Plaintiff as opposed to the allegation that
he made NUMEROUS pleas and demands towards us.
5.2 We have manifested from the beginning that we are occupying the
property with the tolerance and consent of the TRUE and RIGHTFUL
OWNER _________________, Et. Al. Therefore, we are possessing the
property in GOOD FAITH.
10. Paragraphs 14, 15, 16 and 17 are VEHEMENTLY DENIED for lack
of factual basis. The DAMAGES being asked by the Plaintiff are based
on misplaced hope and belief that the property described in his Transfer
Certificate of Title is the same property that we are possessing in GOOD
FAITH, which is erroneous.
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11. Paragraphs 18, 19, 20, 21, 22 (and its sub-paragraphs), 23, and 24 are
DENIED for being general averments or sweeping allegations, and for
being mere conclusions of laws without any factual basis to stand on. The
truth of the matter is, there is actually no cause of action for Quieting
of Title, as there is no such cloud of title to talk about.
12. Defendant hereby repleads by reference all the foregoing material and
pertinent allegations.
13. The instant case should be dismissed outright for its manifest failure to state
a cause of action. The herein case for accion reivindicatoria is
unmeritorious for there is no violation of the rights of ownership of the
Plaintiff, his allegations are unfounded and baseless because his Transfer
Certificate of Title pertains to a property in a DIFFERENT LOCATION
compared to the property that we POSSESS IN GOOD FAITH.
15. Defendants possesses the portion of Lot 4152 with the consent and
tolerance of the TRUE and RIGHTFUL OWNER of the property.
Therefore, Defendant is a possessor in good faith.
16. The Supreme Court further ruled: “Guided by previous decisions of this
Court, good faith consists in the possessor’s belief that the person from
whom he received the thing was the owner of the same and could convey
his title (Arriola v. Gomez dela Serna, 14 Phil 627).
17. The DAMAGES claimed by the Plaintiff has no factual basis to stand on
because no rights of his was violated.
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COUNTERCLAIM
18. Defendant repleads, adopts and incorporate by way of reference all the
allegations of the preceding paragraphs of its answer.
19. Having been made to defend itself in an unfounded suit, the defendant
was compelled to hire the services of a lawyer and shall be obligated to
pay the sum of P___________ as attorney’s fees and appearance fee
of P__________ per court appearance, and it will incur litigation
expenses estimated to be no less than P__________.
20. The filing of this present malicious, unfounded, and false complaint,
defendant suffered disrepute; and in order to deter others who maybe
similarly situated as plaintiff, the latter should be adjudged to pay
defendant the sum of P_________ as exemplary damages.
PRAYER
Granting Defendants such other relief just and equitable in the premises.
NOTIFICATION
GREETINGS:
_________________________________
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Copy furnished through personal service:
___________________________
Counsel for Plaintiff
Received by:
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