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Republic of the Philippines

Second Judicial Region


MUNICIPAL TRIAL COURT
Branch___
Santiago City
HEIRS OF JAIME GARAPON
CASE NO. 123456
AND CRISTETE D. GARAPON, et.al,
FOR:
EJECTMENT AND
Amado Garapon, Lita G. Garapon,
RECOVERY OF
POSSESSION
Jonalyn Garapon, Peter Garapon
and Jaime Garapon Jr.
Plaintiffs
Versus
CHRISTOPHER ARISTA AND
MARRY CARREON ARISTA,
Respondents
X-------------------------------------------------X
ANSWER
COMES NOW, the defendants through the
undersigned counsel and unto this Honorable Court, most
respectfully avers:
ADMISSIONS/DENIALS
I.
The defendants admits the allegations in paragraph
1 and 2 of the complaint regarding their personal
circumstances and as to complainants;
II.
Paragraph 3 of the complaint is admitted;

III.
The allegations in paragraph 4 and 5 of the
complaint with respect to Marry Carreon Arista as the
only child and compulsory heir of Joselito Carreon
(deceased) but deny the rest of the allegation
thereon, the truth of the matter are those that are
stated in defendants affirmative/negative defenses
and counterclaim;

IV.
Paragraph 6 to 9 of the complaint is strongly denied
under oath, the truth of the matter are those that are
stated in defendants affirmative/negative defenses
and counterclaim herein below set forth:
affirmative/negative defenses and counterclaim
V.
That the acquisition by the defendants of physical
possession over the parcel of the land subject of this case
is by all means just, right and legal for they are the
owners thereof;
VI.
That the original copy of the owners duplicate of the Title
of this land subject of this case is in the possession of
herein defendants. The lot question is also declared for
tax purposes in the name of MARRY CARREON ARISTA,
and she is the one paying the realty taxes of thereof.
VII.
That on October 24 1988, Jaime Garapon was awarded by
the government a land covered by T.C.T. No. T-04689
located at 654 Sinsayon Santiago City consisting of 10,
107 square meters through the Comprehensive Agrarian
Reform Program under P.D. No. 27 on October 24 1088;
VIII.
That when plaintiffs Father Jaime already died and during
the lifetime of their mother Cristeta D. Garapon entered
into a contract of loan with conditional sale with Joselito
Carreon, the father of defendant Marry Carreon Arista.
Carreon had the possession and use of the land including
the original owners copy of the title as collateral to Five
Hundred Thousand ( Php. 500, 000.00 ) loan with the
agreement to return the exclusive possession to the
registered owner until Cristeta D. Garapon fully paid the
loan for 10 years but in case of failure of payment the

money loan shall be considered the payment of the said


land and for the sale of the property to Joselito Carreon;
IX.
The paintiffs mother failed to comply on the agreed
condition of such contract therefore the sale is
enforceable and Marry Carreon Arista as only heir of
Joselito Carreon came into possession of the
land/property subject of this case. Under the law
contracts are binding not only to the parties in such
contract but also as to their compulsory heirs.

PRAYER
WHEREFORE, premises considered, it is most
respectfully prayed unto this Honorable Court that, after
hearing, judgment be rendered ordering the plaintiffs:
1. For the dismissal of the complaint for utter lack of
merits;
2. For the payment in the amount of P100,000.00 by
way of Moral damages;
3. For the payment of cost of the suit and attorneys
fees.
Other reliefs just and equitable under the premises
are likewise prayed for.
Santiago City, January 29, 2015.
DAVIS LAW OFFICE
ANDREI MILLER
Counsel for the defendants
Unit343, hall tower II
Avenue, Santiago
Roll of Attorney No. 98765
IBP No. 12345/2-5-12
PTR No. 87654/12-22-11

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines


Santiago City
) S.S.

We, the defendants, CHRISTOPHER ARISTA, is of


legal age, Filipino citizen, married to MARRY CARREON
ARISTA, with residence and postal address at 456
Modesto Street, Sinsayon Santiago City, after having
been duly sworn to in accord Nance with law we do
hereby depose and say:
1. That we are defendants in the above-entitled case;
2. That we have caused the preparation of the
foregoing answer and have read the allegations
contained therein;
3. The allegations in the said answer are true and
correct of our own knowledge and authentic records;
IN WITNESS WHEREOF, we have hereunto affixed
our signature s this 29 of January 2015, in Santiago City.

CHRISTOPHER ARISTA,
ARISTA,

MARRY CARREON

SUBSCRIBED AND SWORN to before me this _______


day of January, 2015, in Santiago City, affiants exhibiting
to me their Drivers License No. 758459, and GSIS No.
2658787 and no. 465658 issued by the Land
Transportation Office on May 17, 2014 at Santiago City
and at Cauayan City Isabela.
Atty. ANDREI
MILLER
Notary public
Unit343, hall
tower II
Avenue, Santiago
Roll of Attorney No. 98765
IBP No. 12345/2-5-12
PTR No. 87654/12-22-11

Doc. No.________
Page No._______
Book No._______
Series of 2012.

Copy furnished through personal service


REYES, TOLENTINO AND CRUZ LAW OFFICE
Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila

To:
Atty. Louise Reyes
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

PROOF OF SERVICE
I PRIMITIVO SANTOS, messenger for Atty. ANDREI
MILLER, herein counsel for defendants CHRISTOPHER
ARISTA and MARRY CARREON ARISTA, herby certifying
that I personally delivered defendants Answer dated
January 27, 2015 to plaintiffs Amado Garapon with the
address Purok 2, Divisoria, Santiago City, Isabela, Lita G.
Garapon, Jonalyn Garapon, Peter Garapon and Jaime
Garapon Jr. with their residence at Divisoria, Santiago
City, Isabela. The answer was received by all of the
plaintiffs themselves.
PRIMITIVO SANTOS