REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIRST JUDICIAL REGION Dagupan City Branch __ Ms. Juana Dela Cruz, Plaintiff, - versus ___________
CIVIL CASE NO. For: Nullity of Documents, Cancellation of Title and Damages
Mr. Pedro Dela Cruz, Defendant, x--------------------x ANSWER COMES NOW, defendant Pedro Dela Cruz (“Pedro”), by counsel, in answer to the Complaint dated September 10, 2014 (“Complaint”) filed by plaintiff Juana Dela Cruz (“Juana”) against defendant Pedro, respectfully states that: 1.
Defendant Pedro admits to the truth of the following allegations of the Complaint contained in: 1.1. Paragraph 2 insofar as it alleges that defendant Fernandez is of legal age, a Filipino citizen, single, and with postal address at Krystaville, Lucao District, Dagupan City; 1.2. Paragraph 3 insofar as it alleges that Plaintiff and Defendant are siblings being the children of Maria Dela Cruz and Jose Dela Cruz;
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1.3. Paragraph 4 insofar as it alleges that Maria Dela Cruz and Jose Dela Cruz died on October 15, 2012 due to a car accident; 1.4. Paragraph 5 insofar as it alleges that the late spouses Maria Dela Cruz and Jose Dela Cruz left behind a parcel of land situated in Bonuan, Gueset, Dagupan City, more particularly described in and covered by Transfer Certificate of Title No. PT-123456, registered under their names; 1.5. Paragraph 6 insofar as it alleges that there was a new tax declaration issued with respect to the tax declaration in the name of defendant, but DENY for lack of knowledge sufficient to form a belief as to the truth or falsity that plaintiff attempted to pay real property tax on January 15, 2014 on the aforesaid property; 1.6. Paragraph 7 insofar as it alleges that Transfer Certificate of Title No. 567890 is already under the name of the defendant, but DENY for lack of sufficient knowledge to form a belief that plaintiff made further inquiries with the Register of Deeds; 1.7. Paragraph 8 insofar as it alleges that the Transfer Certificate of Title No. 123456 was cancelled by virtue of a Deed of Absolute Sale executed by spouses Maria Dela Cruz and Jose Dela Cruz in favor of the defendant, Pedro Dela Cruz on November 15, 2012; 1.8. Paragraph 10 and 11; 2. Defendant Pedro specifically denies Paragraph 9 which alleges that the Deed of Absolute Sale is a patent nullity for the reason that the said allegation is an erroneous conclusion of law, the
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truth of which will be discussed in the affirmative and special defenses; 3. Defendant Pedro specifically denies Paragraph 12 for lack of sufficient proof as to the veracity that the plaintiff incurred expenses in the sum of P 50,000.00 as attorney’s fees, P 10,000.00 as necessary litigation expenses and P 2,000.00 as appearance fee per hearing. AFFIRMATIVE AND SPECIAL DEFENSES 4. The date November 15, 2014 appearing on the Deed of Absolute Sale pertains to the date of notarization of said document, nonetheless said Deed of Absolute Sale was executed prior to the death of spouses Maria and Jose Dela Cruz; 5. As evidenced by witnesses Derp Sikatsafb and Derpina Sikatsafb caretakers of the lot in dispute, both of whom were present during the execution of the Absolute Sale and saw that spouses Maria and Jose Dela Cruz signed the Deed of Absolute Sale prior to their death on October 15, 2012; a copy of the Sworn Statements of Derp and Derpina Sikatsafb is hereto attached as Annex 1. PRAYER WHEREFORE, defendant PEDRO DELA CRUZ respectfully prays that Judgment be rendered DISMISSING the Complaint dated 10 September 2014 filed against defendant Pedro with costs against the plaintiff. Defendant Pedro prays for such further or other reliefs as may be deemed just and equitable. Dagupan City, Pangasinan, 12 September 2014 3
FRANCISCO-TUPAS-CAYETANO Counsel for the Defendant PEDRO DELA CRUZ th 9 Floor, Prime Condominium I 989 D’best Street, Diz Village 9 Makati City, Metro Manila, Philippines Telephone: (075) 523-4404; (075) 522-4026 Office Mobile: (0932) 864-0684; Fax: (075) 403-3127 Email address:
[email protected] VERIFICATION I, PEDRO DELA CRUZ, after having been sworn to in accordance with law, do hereby depose and declare that: 1.
I am the Defendant in the instant case;
2. I have read the foregoing answer and the allegations therein are true and correct of my own knowledge and based on authentic records on hand. SIGNED this 12th day of September 2014. PEDRO DELA CRUZ SUBSCRIBED AND SWORN to before me this 12th day of September 2014, at Dagupan, Pangasinan.
TABITHA F. A. FRANCISCO Notary Public Until December 31, 2014 PTR No. 987654 4
Issued on January 3, 2014 Dagupan, Pangasinan IBP No. 876543, 1-3-14 Atty. Roll No. 98789 Copy Furnished: (By Registered Mail) ANGELA MERICCI G. MEJIA Counsel for plaintiff Juana Dela Cruz Brgy. Cayanga, San Fabian, Pangasinan WRITTEN EXPLANATION FOR SERVICE BY REGISTERED MAIL HON. CLERK OF COURT Regional Trial Court Branch __, Dagupan City G r e e t i n g s: Please be informed that the undersigned counsel caused the service of copies of the foregoing ANSWER by registered mail upon the above-stated party, as evidenced by the attached Affidavit of Service by Registered. The undersigned counsel was unable to personally serve a copy of said ANSWER upon the said party and was constrained to serve and file a copy thereof by registered mail due to lack of manpower as well as the considerable distance of the said party’s address from the office of the undersigned counsel.
TABITHA F. A. FRANCISCO 5
