Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Municipal Trial Court
San Miguel, Leyte 6518

CIVIL CASE NO.

MANOLO LABOGA, _____________
Plaintiff, FOR: RECOVERY OF
POSSESSION OF REAL
PROPERTY AND DAMAGES
-versus-

DANILO BABIANO,
Defendant.

x-------------------------------------------x
ANSWER
(In re: COMPLAINT, Received on August 9, 2015)

COMES NOW, the Defendant, by the undersigned counsel, and

in answer to Plaintiff’s complaint, respectfully alleges:

I. ADMISSIONS AND DENIALS

1. The Defendant admits Paragraphs 1, 2 and 3;

2. The Defendant denies Plaintiff’s claim of ownership in

Paragraph 5, the truth being those mentioned in the special
and affirmative defenses below;

3. The Defendant denies the facts alleged in Paragraphs 5, 6

and 7 for being inconsistent with the documents appended as
Annexes “A”, “B” and “C” in Plaintiff’s complaint;

4. The Defendant admits Paragraph 8 as to jurisdiction of herein

action;

5. Paragraphs 9, 10, 11, 12, 14,15 and 16 are denied for lack of
basis to form a belief as to the truth and veracity there being
no proof shown to substantiate the same, the truth being those
mentioned in the special and affirmative defenses;
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II. SPECIAL AND AFFIRMATIVE DEFENSES
6. As SPECIAL AND AFFIRMATIVE DEFENSES, the
Defendant alleges:
LACK OF CAUSE OF ACTION AS PLAINTIFF HAS NO
TITLE OR ANY INTEREST OVER THE REAL PROPERTY
IN ISSUE

6.1 The Plaintiff alleges in the complaint that she is

the true owner of the parcel of land in issue as
evidenced by Tax Declaration No. 12345-67890
issued by the Municipal Assesor’s Office of the
Municipality of San Miguel, Leyte.

6.2 The said property was sold by the Plaintiff to Mr.

Rodrigo Cadano on July 15, 2013 as evidenced
by a certified true copy of Deed of Sale issued by
the Clerk of Court of ________, together with a
certification that the said deed of sale is one of
those notarized documents as appearing in the
notarial registry of Atty. Ian De Veyra under
notarial register Doc. No. 347, Page No. 88, and
Book No. III, Series of 2015; said documents are
attached herein as Annexes “1” and “2”.

6.3 The same property was sold by Mr. Rodrigo

Cadano to the herein Defendant on January 27,
2016 as evidenced by a certified true copy of
Deed of Sale, issued by the Clerk of Court of
________, together with a certification that the
said deed of sale is one of those notarized
documents as appearing in the notarial registry of
Atty. Juan Miguel Fernando under notarial register
Doc. No. 123, Page No. 23, and Book No. I, Series
of 2016; said documents are attached herein as
Annexes “3” and “4”.

6.4 That the Defendant, by virtue of a Special Power

of Attorney (SPA) granted to him by the seller, Mr.
Rodrigo Cadano, duly notarized by Atty. Juan
Miguel Fernando under notarial register Doc. No.
124, Page No. 23 and Book No. I, Series of 2016,
facilitated the issuance of Electronic Certificate
Authorizing Registration (eCAR) of the first
transaction with the Bureau of Internal Revenue
(BIR), Revenue District Office (RDO) No. 088 –
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Tacloban City. Certified true copy of the SPA and

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 eCAR are herein attached as Annexes “5” and
“6”, respectively.

6.5 The first and second sale were simultaneously

processed with the BIR and the eCAR covering
the second sale in the name of the Defendant as
transferee was issued; certified true copy said
eCAR is herein attached as Annex “7”. A transfer
certificate of title was issued by the Registry of
Deeds of _______ following the issuance of
eCAR, in favor of the Defendant, thereby
cancelling in full the previously existing title in the
name of the Plaintiff. Certified Machine Copy
issued by the registry of deeds of the totally
cancelled title under the name of the Plaintiff with
TCT No. _______ and the currently existing title
under the Defendant’s name with TCT No.
________ are herein attached as Annexes “8” and
“9” respectively.

6.6 Tax Declaration is still under the name of the

Plaintiff since as of date of receipt of complaint by
the Defendant, application for change of
registered owner per Tax Declaration is still
pending with the Municipal Assessor’s Office as
evidenced by a certification issued by said office
attached herein as Annex “10”.

6.7 Under Section 2 of Rules of the Rules of Court, a

cause of action is defined as an act or omission
by which a party violates a right of another. From
the foregoing, there appears to be no right violated
since the Plaintiff no longer has title to the property
for having sold the property to Mr. Cadano who, in
turn, sold the same property to the Defendant. The
mere claim of the Plaintiff over the property on the
basis of Tax Declaration is unjustifiable since it is
well-settled that a Tax Declaration is not a
conclusive proof of ownership.
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 7. BASELESS AND UNSUBSTANTIATED CLAIMS
The following allegations are unsubstantiated or not
supported by evidentiary proofs and are therefore baseless:

7.1 Deed of Sale with Waiver executed by Rodrigo

Cadano in favor of the Plaintiff as evidenced by a
copy of the Deed of Confirmation of Sale with
Waiver duly notarized by Atty. Alexander Abala
under notarial register Doc. No. 381, Page NO.
77, and Book No. III, Series of 2016: Alleged
Annex is not found. Annex "C" is a Deed of Sale
of Parcel of Land, not a Deed of Confirmation of
Sale. Moreover, no waiver of any rights was
included in the document. In addition, Notary
Public for the Deed of Sale is not Atty. Alexander
Abala but Atty. Eufracio Rodriguez.
7.2 Mortgage of the property in issue to the Defendant
on September 12, 2012: No document supporting
the alleged mortgage was presented. Without
admitting any of the facts alleged by the Plaintiff
over her ownership of property and the series of
events as alleged in the complaint, the mortgage
could not have possibly occurred considering that
the alleged sale to the Plaintiff by Rodrigo Cadano
occurred only in 2016 while the mortgage and the
alleged tender of payment and demands to accept
payment were made prior to the year of sale.
7.3 The Plaintiff alleges that the Defendant
continuously refused to accept payment of the
Plaintiff and vacate the property in issue: There
are no supporting documents presented except
from hand written certification from the Barangay
units. The certifications do not contain the
Barangay seal nor any documentary stamp tax,
contrary to barangay practice of issuing
certifications.

III. COMPULSORY COUNTERCLAIM

8. Defendant reiterates, repleads and incorporates by reference
all the foregoing insofar as they are material and additionally
submit that he is entitled for relief arising from the filing of this
malicious and baseless suit, as follows:
8.1 Moral damages amounting to One Hundred
Thousand Pesos (PHP 100,000.00) because
defendant’s name and reputation were
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besmirched by this malicious and baseless suit.

 8.2 Attorney’s Fees amounting to Thirty Thousand
Pesos (PHP 30,000.00) because defendant was
compelled to secure services of counsel to
vindicate his legal rights.
IV. PRAYER

WHEREFORE, Defendant respectfully prays that the judgment

be rendered in his favor by dismissing the Complaint and granting
defendant’s counterclaim by awarding defendant: (a) One Hundred
Thousand Pesos as Moral Damages, and (b) Thirty Thousand Pesos
as Attorney’s Fees.
Other just and equitable reliefs under the circumstance are
likewise prayed for.

Tacloban City, Leyte, Philippines. August 15, 2015

ATTY. SHERNA MADAOG

Counsel for the Defendant
HAIYAN Law Office
HAIYAN Bldg. Real St.,
Tacloban City, Leyte
Attys. Roll No. 12321/May 15, 2006
IBP O.R. No. 0123456/01-04-05, Leyte
Chapter PTR No. PL 111222333/01-04-
07, Tacloban City, Leyte
MCLE Compliance No. V-0002244, 11-
12-2005 Valid Until April 14, 2010
Phone No.: 09175082394
Email: attybagoperosolb@gmail.com

PROOF OF SERVICE

I HEREBY CERTIFY that the foregoing MOTION has been

served on ATTY. PAUL DINGBED, counsel for the Plaintiff, at his
address install 11 Alangalang Public Market, Alangalang, Leyte, by
registered mail for lack of field staff of undersigned counsel at this time.

ATTY. SHERNA MADAOG

Copy furnished:
Atty. Paul Dingbed
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 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, Danilo Babiano, of legal age, Filipino, and resident of Barangay

Cayare (East Poblacion), San Miguel, Leyte, after having sworn in
accordance to law, depose and say:

1. I am the defendant in the above-entitled case;

2. I have caused the preparation and the filing of this verified
Answer, and I have read and understood the allegations
contained therein, and that the same are true and correct based
on my personal knowledge and authentic records;
3. I further certify that I have not commenced any other action
involving the same issues before the Supreme Court, Court of
Appeals, or in any other Tribunal or Quasi-judicial bodies, and
should there be any other action or proceeding involving the
same issues, I shall undertake to inform the Honorable Court
within five (5) days from notice thereof.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
day of _______________________, in Tacloban City, Leyte

DANILO BABIANO
Affiant

SUBSCRIBED AND SWORN to Before me, this day, ______in

Alangalang, Leyte, Philippines, affiant after showing to me his
Philippine Postal I.D. No. 123456 and known to me the same persons
who executed the foregoing Verification and Certification of Non-
Forum Shopping.

Atty. Sherna Madaog

Notary Public

Doc. No:____
Page No:____
Book No:____
Series of 2007
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