REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 161
Pasig City

SPOUSES ROMEO C. MORI

and ROSA S. MORI,
Plaintiffs,

Civil Case No. 74276

-versus- For: Recovery of Title, Cancellation

of Liens & Damages

JERRY A. LIM, SPS. DERECK GUEVARRA

and ROWENA GUEVARRA, SOCORRO
L. JARLEGO, BEVERLY C. TONGOHAN,
and THE REGISTER OF DEEDS OF PASIG
Defendants.

x---------------------------------------------------------x

ANSWER
(with affirmative defenses)

DEFENDANT SOCORRO L. JARLEGO (hereinafter referred to

as “Defendant Jarlego”), by herself, and unto this Honorable Court,
respectfully states that:

1. The defendant admits the allegations in paragraphs 1 and

2 of the complaint;

2. The defendant specifically denies paragraphs 3, 4, 5, 6, 7,

8, 10, 11, 12, 15 of the complaint for lack of knowledge sufficient to
form a belief thereof. The truth of the matter to be shown in the
affirmative defenses;

3. The defendant admits paragraph 9, 13 and 14 of the

complaint.

Defendant repleads all the foregoing allegations by reference

and further state that:

AFFIRMATIVE DEFENSES

4. The original owner of the subject property was Zosima

Gamboa and Laurentino Gamboa. The former was the godparent of
defendant Leticia and her deceased husband, Umberto.

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 5. Sometime in 1982, Umberto and Laurentino agreed to
enter into a contract of sale involving a 40-square meter lot owned by
Laurentino and Zosima. Unfortunately, the same was not reduced into
writing. Furthermore, Umberto could not found the receipt evidencing
payment in the amount of Php 15,000.00.

6. After the consummation of the sale, spouses Umberto and

Leticia erected a one-storey house over the subject lot. Subsequently,
the spouses built a 2nd floor over the same house sometime in 1984. In
the demand letter dated 01 June 2013 by the plaintiff, he admitted that
our house has been in existence for more than thirty (30) years.
Therefore, the plaintiff’s claim in paragraph 8 of the complaint that he
only discovered our 2-storey house in May 2013 is bereft of merit. 1

7. Sometime in 2009, plaintiff Ricardo entered the picture and

suddenly claimed ownership over the same. Despite the previous sale
between Umberto and Laurentino in 1982, the Ramos Spouses decided
to buy anew the subject lot. This time around, the sale was reduced
into writing as evidenced by a Deed of Absolute Sale dated 07
November 2010.2

8. After paying the purchase price, Zosima demanded the

amount of Php 300.00 as payment of annual taxes. The same
continued until January 2012 when Zosima increased the amount to
Php 500.00.

9. Zosima even advised defendant Leticia to have the subject

lot transferred to her name. But due to financial problems, defendant
Leiticia and her husband failed to effect the transfer of the lot
transferred to their name. In 19 August 2011, the latter’s husband
Umberto died due to heart attack.

10. After the mediation in the barangay failed, plaintiff and

defendant still explored the possibility of settling the matter amicably.
Plaintiff offered the amount of Php 500,000.00 as reimbursement for
the Php 240,000.00 purchase price stated in the Deed of Absolute Sale
as well as for the value of the house erected in the subject lot.
However, defendant sought for the amount of Php 1,000,000.00 under
the assumption that it was the proper value considering the prevailing
value of the house and lot, the expenses incurred in the construction of
the house, and the taxes paid before the Bureau of Internal Revenue.
Unfortunately, they failed to reach an agreement.

11. The Agreement dated 17 June 2013 agreed by and

between the plaintiff and defendant should not be given consideration.
The latter unfortunately is not very knowledgeable with the legal
repercussions of the said agreement. She should not be bounded by
the same. Hence, the Deed of Absolute Sale still subsists and therefore,
the transfer of ownership to defendant Leticia (being the heir of the
original vendee Umberto) has been settled.
1
A copy of the 01 June 2013 letter is hereto attached as Annex “A”.
2
A copy is hereto attached as Annex “B”.

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 12. Furthermore, under the Civil Code3 as well as the autonomy
principle of contracts, the contracting parties may establish such
stipulations, clauses, terms and conditions as they may deem
convenient, provided they are not contrary to law, morals, good
customs, public order, or public policy.

13. The plaintiff having failed to discharge the burden of proof

by preponderance of evidence, it is but proper not to grant the reliefs
prayed for in the complaint.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that after due proceedings, judgment be
rendered in favor of defendants ordering the dismissal of the complaint
for being unfounded and unmeritorious;

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

Respectfully submitted.

Pasig City, 28 February 2014.

LETICIA I. RAMOS
Defendant

NOTICE

Ms. Karina V. Taburzo

Branch Clerk of Court
MeTC 69, Pasig City

G R E E T I N G S:

Kindly submit the foregoing Answer for the consideration and

approval of the Honorable Court immediately or as soon as the court
calendar may allow.

LETICIA I. RAMOS
Copy furnished:

Atty. Gioan Fernand A. Legaspi

LEGASPI, BARCELO and SALAMERA LAW OFFICES
Counsel for the plaintif
Unit 5E, Future Point 3,
111 Panay Avenue, Quezon City 1100

3
Article 1306.

3
 EXPLANATION

Counsel for the plaintiff was served a copy of the foregoing

Answer by registered mail due to distance.

LETICIA I. RAMOS

Republic of the Philippines)

Pasig City )s.s.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, LETICIA I. RAMOS, Filipinos, of legal age, and residing at no.

440 Villa Atanacia St., Sumilang, Pasig City after having been sworn to
in accordance with law depose and state:

1. That I am the defendant in the above case;

2. That I have caused the preparation of this Answer;

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 3. That I have personally read the allegations in the
Complaint and the allegations in this Answer;

4. That I understand fully the contents of this Answer;

5. That I have not filed any case before any other court or any
quasi judicial bodies and if we have filed a case of the
same nature and allegations, we will immediately inform
the Court of such filing.

LETICIA I. RAMOS

SUBSCRIBED AND SWORN to before me this ____ day of

February 2014 at Pasig City, affiant exhibited to me her Social Security
System ID no. 03-3793205-8 as competent evidence of identity.

BILLY JOEL M. PINEDA

Public Attorney I
(pursuant to R.A. 9406)

Doc. No._____
Page No._____
Book No. _____
Series of 2014.