Republic of the Philippines

IN THE MUNICIPAL TRIAL COURT OF VICTORIA

Fourth Judicial Region
Victoria, Oriental Mindoro
LEOPOLDO MAGRAMO, RAMON DENNIS MOSQUERA,
RICKY M. LARDIZABAL, JHOBERT MOSQUERA,
EMALYN MOSQUERA, JOREMEL MORQUERA,
ELINO M. MENDOZA, ROSALINA M. CASAPAO,
EDNALYN M. BENDIOLA ( Attorney in Fact),
For and in behalf of herself and co-owners,
Plaintiffs,
Civ
il Case No. 15-480
- versus Brgy. Captain PABLO M. DE OCAMPO
ENTRY
Defendant,
x-----------------x

FORCIBLE

ANSWER

WITH COMPULSORY COUNTERCLAIMS

THE DEFENDANT PABLO M. DE OCAMPO, by counsel and unto this
Honorable Court, most respectfully states and avers that:
1. Defendant deny the allegations contained in paragraphs 1, 2,5, 6 and
10 of the Complaint for lack of sufficient knowledge to form a
conclusion as to the truth of the same;
2. Insofar as paragraphs 7 and 8 are concerned, the same is denied
because it was not the Respondent who conducted the project but
rather the Provincial Government of Oriental Mindoro. Attached
herewith are the pictures of the project during its construction as
Annex 1. Also the Respondent asked a legitimate heir of the project
in the person of Mrs. Victoria M. Magsino, legitimate daughter of
GREGORIO MENDOZA to have the project constructed in the subject
lot. Herein attached as Annex 2 is the Kasunduan ng pagbibigay
pahintulot signed by Mrs. Magsino and the Defendant. In turn, the
Defendant, having given the authority by a legitimate daughter of
Gregorio Mendoza, facilitated the project being implemented by the
Provincial Government of Oriental Mindoro. Also, it is but a lie that no
resolution was passed by the Sangguniang Barangay in relation to the
said project. Attached herewith as Annexes 3 and 4 are the
resolutions passed by the Sangguniang Barangay in relation to the said
project;
3. Noteworthy also is the allegation in paragraph 4 wherein the Plaintiffs
claimed to be the legitimate heirs of Gregorio Mendoza. Defendant has
personal knowledge that they are all illegitimate children of
Gerogorio Mendoza. Thus, they are lying and not truthful to their
statement. In fact, in their Extra-Judicial Settlement of Estate and
Special Power of Attorney, they never included Victoria Magsino and
the heirs of the latters brother, Julio, in the said settlement. Victoria

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and the late Julio are the only legitimate children of Gregorio. Thus the
same is denied;
4. Defendant admits paragraph 3 insofar as his name and address;
5. Paragraph 9 is also admitted but only as to fact that no compromise
has yet been agreed upon. Attached herewith is a copy of the letter of
the Defendant to the Community Environment and Natural Resources
Office to help him settle this matter as Annex 5. In fact on 13 July
2015, there was a meeting with some of the Plaintiffs who demanded a
40% royalty on the income of the project with the CENRO as
mediator. But the Defendant explained that the water supply is not an
income generating project but a public service project. There was
also a meeting before the Office of the Municipal Local Government
Operations Officer of Victoria, Oriental Mindoro in relation to this issue.
In short, actions were taken but no compromise was yet to be agreed
upon;
6. It is the thesis of the Defendant that this case should be dismissed for
the following reasons to wit;
6.1. Plaintiffs failed to establish the fact that force, stealth, intimidation
and strategy was employed by the Defendant in allegedly depriving
them of their alleged property;
6.2. Plaintiffs were not able to show their rights over the property. It is
by fact and truth that they are all illegitimate children of the late
Gregorio Mendoza who still has a pending application for homestead.
Thus, the ownership of their father on the said land nor his rights
thereof are still unsettled. Another factor that made their claim dubious
is the fact that they never included the two legitimate heirs of Gregorio
Mendoza in the settlement of estate which renders the same not
effective; and
6.3. Plaintiffs failed to show that they are in physical possession of the
property. Note should be taken by the fact that they are not residing in
the lot in question. Another matter worth looking at is that they have
not even show their right over the property aside from a sweeping and
general claim that they are heirs of the deceased Gregorio Mendoza
who only has a pending application for homestead. Plaintiffs should be
admonished given the fact that they excluded the legitimate heirs of
the late Gregorio Mendoza in their settlement of the estate of the
latter.

AS COMPULSORY COUNTERCLAIMS
7. Defendant hereby restates and repleads all the allegations in the
preceding paragraphs by way of reference and incorporation;
8. As a consequence of the malicious and wrongful filing of this entirely
baseless and unjustified action, which is attended by extreme bad
faith, lies and deception, the Defendant, and her family had suffered
sleepless nights, mental anguish, serious anxiety, severe stress,

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wounded feelings, besmirched reputation and social humiliation

considering that the Defendant is a sitting government official, for
which Plaintiffs should be made liable for moral damages in the total
amount of ONE HUNDRED THOUSAND PESOS (P100,000.00);
9. In instituting this unwarranted and clearly unfounded suit against the
Defendant, Plaintiff had acted in a wanton, fraudulent, reckless and
malevolent manner and, by way of example or correction for the public
good, Plaintiffs should be made liable to pay Defendant exemplary
damages in the total amount of ONE HUNDRED THOUSAND PESOS
(P100,000.00);
10.
As a further consequence of the malicious and wrongful filing of
the present action, Defendant was constrained to hire the services of
counsel for a legal fee of FIFTY THOUSAND PESOS (P50,000.00), plus
THREE THOUSAND PESOS (P3,000.00) per court appearance, and to
incur expenses of litigation for which plaintiff should be made to pay.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed
that after hearing on the merits, this Honorable Court issue an Order:
1. Dismissing the Complaint in toto for utter lack of merit after
trial on the merits or motu propio;
2. Granting moral damages in favor of the Defendant in the
amount of One Hundred Thousand Pesos (P100,000.00);
3. Granting exemplary damages in favor of the Defendant in the
amount of One Hundred Thousand Pesos (P100,000.00);;
4. Granting defendant's claim for attorney's fees in the amount
of FIFTY THOUSAND PESOS (P50,000.00), plus THREE
THOUSAND PESOS (P3,000.00) per court appearance and
expenses of litigation as may be proved during trial.
Other reliefs just and equitable under the premises are likewise prayed
for.
24 August 2015, Calapan City for Victoria, Oriental Mindoro,Philippines.

ATTY. HOSPICIO I. LAYGO, JR.

Counsel for the Defendant
IBP No. 956825/01-05-15-Oriental Mindoro
PTR No. 6094114/01-05-15-Calapan City
Roll of Attorneys No. 59679
MCLE Compliance No. IV-0018669, April 18, 2013
330 Encarnacion St., Camilmil
Calapan City, Oriental Mindoro
09204024716
(043) 286 7616
attypyke@gmail.com

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VERIFICATION AND CERTIFICATION

OF
NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES)
Province of Oriental Mindoro) S.S.
City of Calapan)
x-----------------------x

I, PABLO M. DE OCAMPO, of legal age, Filipino, married, and a

resident of Brgy. Antonino, Victoria, Oriental Mindoro, Philippines, after being
sworn in accordance with law, hereby depose and certify that:
That I am the Defendant in the above-entitled case; That I have caused
the preparation of the above Answer with Compulsory Counterclaims and I
have read the same and knows the contents thereof; That the allegations
contained therein are true and correct of my own personal knowledge.
(a) I have not theretofore commenced any other action or proceeding or
filed any claim involving the same issues or matter in any court, tribunal, or
quasi-judicial agency and, to the best of my knowledge, (b)no such action or
proceeding is pending therein; (c) if I should thereafter learn that the same or
similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the court or
agency wherein the original pleading and sworn certification contemplated
herein have been filed.
IN WITNESS WHEREOF, I have hereunto
_____________ at Calapan City, Philippines.

set my hand this

PABLO M. DE OCAMPO
Affiant
SUBSCRIBED AND SWORN to before me, this _____________, by
affiant who is personally known to me.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of ______;
COPY FURNISHED:
ATTY. HARVEY ECKER ZAMORA
Counsel for the Plaintiffs

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Public Attorneys Office
Capitol Compound, Calapan City
Oriental Mindoro