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    Answer With Counterclaim

    Uploaded by

    Carla Reyes
    1) Andres Bonifacio files an answer and counterclaim in response to Jose Rizal's complaint to quiet title over a parcel of land. 2) In 1990, Bonifacio conditionally sold the land to Rizal for monthly installment payments, but Rizal failed to pay from July 1990 to May 1991. 3) As a result of Rizal's failure to pay after repeated demands, Bonifacio rescinded the contract of sale in December 1990 and claims Rizal obtained the title through forgery.

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    Answer With Counterclaim

    Uploaded by

    Carla Reyes
    215 views3 pages
    1) Andres Bonifacio files an answer and counterclaim in response to Jose Rizal's complaint to quiet title over a parcel of land. 2) In 1990, Bonifacio conditionally sold the land to Rizal for monthly installment payments, but Rizal failed to pay from July 1990 to May 1991. 3) As a result of Rizal's failure to pay after repeated demands, Bonifacio rescinded the contract of sale in December 1990 and claims Rizal obtained the title through forgery.

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    example pleading for quieting of title

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    1) Andres Bonifacio files an answer and counterclaim in response to Jose Rizal's complaint to quiet title over a parcel of land. 2) In 1990, Bonifacio conditionally sold the land to Rizal for monthly installment payments, but Rizal failed to pay from July 1990 to May 1991. 3) As a result of Rizal's failure to pay after repeated demands, Bonifacio rescinded the contract of sale in December 1990 and claims Rizal obtained the title through forgery.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    215 views3 pages

    Answer With Counterclaim

    Uploaded by

    Carla Reyes
    1) Andres Bonifacio files an answer and counterclaim in response to Jose Rizal's complaint to quiet title over a parcel of land. 2) In 1990, Bonifacio conditionally sold the land to Rizal for monthly installment payments, but Rizal failed to pay from July 1990 to May 1991. 3) As a result of Rizal's failure to pay after repeated demands, Bonifacio rescinded the contract of sale in December 1990 and claims Rizal obtained the title through forgery.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    REPUBLIC OF THE PHILIPPINES

    IN THE REGIONAL TRIAL COURT OF BAGUIO CITY


    BRANCH 7

    JOSE RIZAL,
    Plaintiff, CIVIL CASE No. __________

    -versus- FOR: QUIETING OF


    TITLE

    ANDRES BONIFACIO,
    Defendant.
    x----------------------x

    ANSWER WITH COUNTERCLAIM

    Defendant, through the undersigned counsel, most


    respectfully files his answer in response to the Complaint of
    the Plaintiff and interposes as well his counterclaim against
    the latter, to wit:

    1. The complaint filed by the Plaintiff is nothing but a


    malicious action to deprive the Defendant of his rightful
    and legal claim of possession and ownership of the
    subject lot;

    2. On April 1, 1990, the 728 SQM parcel of land was the


    subject of a conditional sale, with consideration
    amounting to P436,800, payable by monthly
    installment within 1 year starting May 1, 1990. It was
    stipulated that a 20% down payment of the purchase
    price of the amount P87, 360 shall be paid on or before
    April 20, 1990. Moreover, provided in the contract is the
    transfer of ownership only upon faithful fulfillment of all
    the conditions set forth in the said contract of sale,
    herein attached as ANNEX 1. It was also stipulated that
    should the vendee fail to pay for three consecutive
    installments, the contract of sale will be automatically
    rescinded;

    3. Plaintiff was able to pay the P87,360 down payment on


    April 15, 1990, as evidenced by an Acknowledgment
    Receipt received by ANDRES BONIFACIO, herein
    attached as ANNEX 2;
    4. Jose Rizal was also able to pay the monthly installments
    of P29, 120 from the months of May to June, 1990,
    herein attached as ANNEX 3. However, beginning July,
    1990 up to May 1, 1991, plaintiff failed to pay his
    obligations;

    5. As such, first, oral demands were repeatedly made


    monthly since July, 1990 by Defendant after the failure
    of Plaintiff to pay the monthly installments for July to
    September, 1990;

    6. Despite the repeated demands, Plaintiff failed to


    comply with his obligations. As a result of the said
    failure, demand letters were made and sent to Plaintiff;

    7. The first demand letter was given on the fourth (4 th)


    month of failure to pay, October 6, 1990, herein
    attached as ANNEX 4;

    8. The Plaintiff still failed to pay despite the first demand


    letter, thus, defendant sent the second demand letter
    on November 10th, 1990, the fifth (5th) month of the
    Plaintiffs failure to pay his obligation, herein attached
    as ANNEX 5;

    9. On December 15th, 1990, the defendant sent a letter


    informing the Plaintiff regarding the automatic
    rescission of the contract of sale upon his failure to
    comply with the obligations to pay, for five (5)
    consecutive months, as shown in ANNEX 6;

    10. The Transfer Certificate of Title (TCT) No. T-40742


    was obtained through forgery, the same being the
    product of a fictitious and simulated transaction as
    when the Original Certificate of Title under the name of
    ANDRES BONIFACIO was cancelled without the
    knowledge of herein defendant;

    11. The defendant most respectfully submits that the


    Plaintiff has no cause of action in instituting the
    complaint for quieting of title nor is there a need to
    remove cloud of title.
    PRAYER

    WHEREFORE, in view of the foregoing, defendant prays


    for the dismissal of the complaint and nullification of TCT No.
    T-40742.

    Baguio, City, April 17, 2017

    ATTY. ROCHELLE NERIE SERIDON BAEZ


    No. 19, Puso ng Baguio Bldg., Session Rd., Baguio City
    PTR No. 7891012 ; 01/12/2017
    Lifetime Membership No. 07121993; 06/17/16
    Roll No. 87756
    PTR No. 78912 ; 01/03/2017 ; Baguio City
    MCLE Compliance Cert. No. V0003687

    Copy furnished:
    AYANGWA FRANCIS MACLIING CLAVER
    Notarial Appointment No. 26-NC-17-R
    Notary Public for Baguio City Until December 31, 2018
    1 G/F Laperal Building, Session Road, Baguio City
    Roll of Attorneys No. 43004
    P.T.R. No. 2955577; January 1, 2017; Baguio City
    I.B.P. Lifetime Member No. 04371

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