Republic of the Philippines

REGIONAL TRIAL COURT

Eighth Judicial Region
BRANCH 43
Bulwagan Ng Katarungan
Magsaysay Blvd.,Tacloban City

___________________, Civil Case No. ________________

Plaintiff,

-versus-

_______________________, FOR: Accion Reinvindicatoria,

Defendant. Etc. and for Temporary
Restraining Order and/or Writ of
Preliminary Mandatory Injunction

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

ANSWER WITH COUNTERCLAIM

RESPONDENTS, by and through its attorney-in-fact and counsel1,

unto this Honorable Court respectfully avers: THAT---

1. Defendants hereby ADMITS the allegations contained in Paragraphs 1,

2, 3 and 11 in the complaint;

2. Paragraphs 4, 4.1, 4.2, and 4.3 are CATEGORICALLY DENIED for

having no legal or factual basis to stand on. Plaintiff has no right of
ownership over the subject parcel of land.

2.1 Plaintiff cannot claim rightful ownership over the said properties, because
the property described in his Transfer Certificate of Title is situated in a
different location from the property we POSSESS IN GOOD FAITH.

3. Paragraph 5 is ADMITTED insofar as the constructed several structures

thereon but denies the rest of the allegations for lack of knowledge and
information sufficient to believe as to the truth thereof.

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 4. Paragraph 6 is DENIED. The truth of the matter is we have only received
ONE Demand Letter from the Plaintiff as opposed to the allegation that
he made NUMEROUS pleas and demands towards us.

5. Paragraph 7 is ADMITTED insofar as we have lodged a complaint

against the Plaintiff before the Barangay as we are determined to remain
in the parcels of land which he is claiming. We did not however, insisted
on the claim of ownership but only on the right of possession.

5.1 We acknowledge that the TRUE and RIGHTFUL OWNER of the

parcels of land which we POSESS in GOOD FAITH, is
______________________, ET. AL. under the TCT no. T-________
and not the Plaintiff _______________.

5.2 We have manifested from the beginning that we are occupying the
property with the tolerance and consent of the TRUE and RIGHTFUL
OWNER _________________, Et. Al. Therefore, we are possessing the
property in GOOD FAITH.

6. Paragraph 8 of the complaint is DENIED for lack of knowledge and

insufficient information about the personal circumstances of the plaintiff
which lead him to seek the services of a counsel.

7. Paragraph 9 of the complaint is DENIED. The truth of matter is, the

persons who built additional structures on the subject parcels of land also
has the consent and tolerance of the TRUE and RIGHTFUL OWNER.
We reiterate that the sole demand letter addressed to us has NO
FACTUAL BASIS and thus, UNENFORCEABLE because the plaintiff
has no veritable right to ownership or possession over the parcels of land
that we POSSESS in GOOD FAITH.

8. Paragraph 10 is ADMITTED insofar as the averment that the

Defendants will not vacate the property is concerned, but denies the rest
of the allegations for utter lack of merit on the part of the Plaintiff to
demand.

9. Paragraphs 12, 13 and its respective sub-paragraphs are likewise

CATEGORICALLY DENIED for being unmeritorious as they are
mere conclusions of laws without any factual basis to stand on.

10. Paragraphs 14, 15, 16 and 17 are VEHEMENTLY DENIED for lack
of factual basis. The DAMAGES being asked by the Plaintiff are based
on misplaced hope and belief that the property described in his Transfer
Certificate of Title is the same property that we are possessing in GOOD
FAITH, which is erroneous.

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 11. Paragraphs 18, 19, 20, 21, 22 (and its sub-paragraphs), 23, and 24 are
DENIED for being general averments or sweeping allegations, and for
being mere conclusions of laws without any factual basis to stand on. The
truth of the matter is, there is actually no cause of action for Quieting
of Title, as there is no such cloud of title to talk about.

SPECIAL AND AFFIRMATIVE DEFENSES

12. Defendant hereby repleads by reference all the foregoing material and
pertinent allegations.

13. The instant case should be dismissed outright for its manifest failure to state
a cause of action. The herein case for accion reivindicatoria is
unmeritorious for there is no violation of the rights of ownership of the
Plaintiff, his allegations are unfounded and baseless because his Transfer
Certificate of Title pertains to a property in a DIFFERENT LOCATION
compared to the property that we POSSESS IN GOOD FAITH.

14. There is actually no cause of action for Quieting of Title, as there is no

such cloud of title to talk about. The existence of cloud must exist because
(a) of an instrument (deed or contract) or record or claim or encumbrance
of a proceeding, (b) which is apparently valid or effective, (c) but is, in
truth an in fact, invalid, ineffective, voidable, or unenforceable or
extinguished, or barred by extinctive prescription or laches, and (d) may
be prejudicial to the title. (Art. 476, Civil Code). However, foregoing
premises considered, the cloud is not in any instrument but is purely in
the obsessed mind of the plaintiff that Lots 5839 & 5840 is Lot No. 4152.

15. Defendants possesses the portion of Lot 4152 with the consent and
tolerance of the TRUE and RIGHTFUL OWNER of the property.
Therefore, Defendant is a possessor in good faith.

16. The Supreme Court further ruled: “Guided by previous decisions of this
Court, good faith consists in the possessor’s belief that the person from
whom he received the thing was the owner of the same and could convey
his title (Arriola v. Gomez dela Serna, 14 Phil 627).

17. The DAMAGES claimed by the Plaintiff has no factual basis to stand on
because no rights of his was violated.

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 COUNTERCLAIM

18. Defendant repleads, adopts and incorporate by way of reference all the
allegations of the preceding paragraphs of its answer.

19. Having been made to defend itself in an unfounded suit, the defendant
was compelled to hire the services of a lawyer and shall be obligated to
pay the sum of P___________ as attorney’s fees and appearance fee
of P__________ per court appearance, and it will incur litigation
expenses estimated to be no less than P__________.

20. The filing of this present malicious, unfounded, and false complaint,
defendant suffered disrepute; and in order to deter others who maybe
similarly situated as plaintiff, the latter should be adjudged to pay
defendant the sum of P_________ as exemplary damages.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court that the complaint be dismissed for want of palpable merit,
with costs against the plaintiff.

On the counterclaim, defendant prays for judgment ordering the plaintiff

to pay the defendant P___________ as attorney’s fees and P________ per
appearance fee; the sum of not less than P________ as litigation expenses; the
sum of P___________ as exemplary damages.

Granting Defendants such other relief just and equitable in the premises.

Tacloban City. August __, 2018.

NOTIFICATION

THE CLERK OF COURT

Branch 43, Regional Trial Court
Tacloban City

GREETINGS:

Please submit the foregoing Answer with Counterclaim immediately upon

receipt thereof, notice and hearing not being required.

_________________________________

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Copy furnished through personal service:

___________________________
Counsel for Plaintiff

Received by:

Signature over Printed Name: ________________________

Date: __________________

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