Republic of the Philippines

REGIONAL TRIAL COURT

Branch __
Second Judicial Region
Tuguegarao City, Cagayan

TEODORO MACAPIA, Civil Case No.___________

Plaintiff, RECOVERY OF POSSESSION

-versus-

LEOPOLDO MACAPIA,
Defendant.
x—————————————-x

ANSWER

DEFENDANT, through the undersigned counsel, unto this

Honorable Court, most respectfully files his Answer, viz:

1. Paragraph 1 is admitted;

2. Paragraph 2, insofar as the residence of defendant Leopoldo Macapia

(Leopoldo, for brevity) is denied. He is a resident of Barangay
Capatan, Tuguegarao City;

3. Paragraph 3 is admitted as to the existence of TCT No. 032-

2018000097 but the rest is denied;

4. Paragraphs 4 and 15 are admitted;

5. Paragraphs 5 through 14 are vehemently denied, the truth being that

stated in his Complaint for Quieting of Title and Cancellation of Title
docketed under Civil Case No. 3219 filed by Leopoldo on October 4,
2018, against herein plaintiff Teodoro Macapia involving the same

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 subject lot, filed before this Honorable Court. A copy of the
Complaint is hereto attached as Annex “1”;

6. Defendant hereby adopts all allegations and claims in said Complaint

to constitute as his Answer. The requisite docket fees were paid on
October 4, 2018;

PRAYER

WHEREFORE, defendant hereby prays of this Honorable Court to

issue an Order:

1. DISMISSING the complaint for recovery of possession for lack of

merit;
2. DECLARING defendant Leopoldo Macapia as the lawful owner of
the subject lot with an area of FORTY-SEVEN and 38/100 square
meters situated in Barangay Capatan, Tuguegarao City;
3. DECLARING Transfer Certificate of Title No. 032-2018000097 in the
name of Teodoro Macapia as NULL and VOID;
4. ORDERING the CANCELLATION of Transfer Certificate of Title
No. 032-2018000097 with the Register of Deeds in Tuguegarao;

Other reliefs just and equitable under the premises are likewise prayed
for.
Tuguegarao City, Cagayan. 22 October 2018.

MARAMAG, TAPPA AND VILLACORTE LAW AND NOTARIAL

OFFICES
130 Balzain West, Tuguegarao City

By:

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 LILETTE R. TAPPA
Counsel for Plaintiff
Roll of Attorneys No. 69573
IBP No. 1068683/01-03-2018/ Cagayan
PTR No. 7821621/ 01-03-2018/ Cagayan
MCLE Compliance: MCLE Governing
Board Order No. 1, July 4, 2004
(Admitted: May 31, 2017)

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, LEOPOLDO MACAPIA, of legal age, Filipino, married, and a

resident of Barangay Capatan, Tuguegarao City, after having been duly
sworn in accordance with law, hereby depose and state that:

1. I am the Defendant in the above-stated case;

2. I caused the preparation of the foregoing Answer;
3. I have read the contents thereof and the facts stated therein are true
and correct based on my personal knowledge and/or on the basis of
copies of documents and records in my possession;

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of

___________ 2018 at Tuguegarao City.

LEOPOLDO MACAPIA
Affiant

SUBSCRIBED AND SWORN to before me, this _____ day of

_______ 2018 at Tuguegarao City.

Doc No.___
Page No.__
Book No.___
Series of 2018

Copy furnished:

ATTY. MAC PAUL B. SORIANO

2nd Floor Soriano Bldg
Luna St., Tuguegarao City

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