REPUBLIC OF THE PHILIPPINES

6th JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 31
Iloilo City

NANCY BINAY CIVIL CASE NO: 09-30308

Petitioner,
FOR:
versus -
ANNULMENT of DEEDS of
ADJUDICATION and SALE
VICTOR MAGTANGGOL, et al., with CANCELLATION of TCT
Defendants. No. 239041
x-------------------------------------x

ANSWER

COMES NOW, Defendants VICTOR MAGTANGGOL and ABBY BINAY,

by the undersigned counsel, in the above-entitled case and before this
Honorable Court most respectfully submits this ANSWER and aver that:

STATEMENT OF THE CASE

1. This is a case for Annulment of Deed of Adjudication and Sale with

Cancellation of TCT No. 239041founded allegedly on Plaintiffs’ claim
of ownership over Lot 3571-C-1. Located at Poblacion, Sta. Barbara,
Iloilo;

2. Defendants received a copy of the Complaint and Summons on

November 10, 2018giving them until November 25, 2018 to file
Defendant’s Answer. On November 23, 2018, however, the
undersigned filed a Motion for Extension of Time before this
Honorable Court and prayed for an extension of fifteen (15) days from
November 25, 2018 or not later than December 9, 2018within which
to file Defendant’s Answer;

ADMISSIONS AND DENIALS

3. Defendants admit Paragraphs 1 and 2 of the Complaint in so far as

the personal circumstances of the parties involved;

4. Defendants specifically deny paragraphs 4 to 17 of the Complaint.

The truth of the matter are stated in the affirmative and special
defense hereunder;

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5. Paragraph 5 of the Complaint is admitted with a qualification.
Defendant Victor Magtanggol is the true and lawful registered owner
of Lot No. 3571-C-1 situated in Brgy. Poblacion, Sta. Barbara, Iloilo
containing an area of Three Hundred Seventy-Two (372) square
meters and covered by Transfer Certificate Title No. T-239041,
attached herewith as Annex “1”, the aforesaid of land was part of the
inheritance of his sister Elenita Magtanggol Binay from their
deceased parents Ernesto and Elaene Magtanggol. Elaene
Magtanggol died first and following her death, Lot 3571-C was then
registered as inheritance under the names of her remaining heirs –
her surviving spouse ErnestoMagtanggol and her two surviving
children Victor and ElenitaLot 3571-C was then registered in the
names of all three heirs under TCT No. T-132-753, attached herewith
as Annex “2”. The heirs then executed a subdivision agreement over
Lot 3571-C where said lot was subdivided into three (3) parts: to
Elenita Lot 3571-C-1 with an area of 372 sq. m was bestowed upon
and the same was registered under TCT No. T-122393, attached
herewith as Annex “3”, to Victor, Lot 3571-C-2 was given with an
area of 372 sq. m.; and to Ernesto, it was Lot 3571-C-3 with an area
of 371 sq. m. which was granted;

6. Paragraphs 6, 7, 8 are specifically denied since the sale that

transpired between Elenita Magtanggol Binay together with
Defendant Victor Magtanggoland Jojo Binay was valid. In 2007, when
Elenita Magtanggol Binaybecame ill and consequently admitted to the
hospital for several times. Defendant Victor Magtanggol provided for
her medical and other basic needs such as her hospital bills,
medications, and even paid for the salaries of her personal caregiver.
Since Elenita Magtanggol Binayhad no other major financial
resources and in order to support her medical expenses and other
basic needs, Elenita sold her part of the inheritance to her brother
Victor which was the parcel of land known as Lot No. 3571-C-1 and
hence executed a Deed of Adjudication and Sale in favor of
Defendant Victor. Such fact was properly documented with the
Municipal Assessor’s Office of Sta. Barbara as evidenced by the Tax
Declaration of Real Property, attached herewith as Annex “4”, issued
by the aforesaid office under Property Index Number 041-42-001-18-
037. After the sale of the aforesaid Lot, Plaintiff Nancy Binay ,
daughter of Elenita, and her husband Leo Binay, pleaded with
Defendant Victor Magtanggol to allow them to stay in the latter’s
property since they were already staying prior to the purchase of the
said aforesaid property in 2006, not by virtue of any title or contract,
but merely upon the tolerance of the Defendant as Defendant was
Plaintiff’s uncle;

7. Paragraphs 9, 10, 11, and 12 are also specifically denied. In 2008,

Joanna sought to have the Deed of Adjudication and Sale annulled
and TCT no. 239041 cancelled. This case for nullification of sale and
cancellation of title was filed before Branch 31 of the Regional Trial
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 Court of Iloilo City and docketed as Civil Case No. 09-30308. In the
complaint of the said case, Elenita sought to have the Deed of Sale
annulled due to the absence of the written consent and conformity of
her children including herein Plaintiff Nancy Binay and herein
Defendant Abby Binay. However, it is worthy of note that when
Elenita executed the Deed of Sale in favor of Defendant Victor, she
was parting away with her exclusive paraphernal property and not in
the conjugal property with her husband Jejomar Binay Sr. nor the
inheritance of her children. Lot No. 3571-C-1 was not the conjugal
property of Elenita and her husband Jejomar Binay Sr.. Although TCT
No. T-122393 mentioned the name of Jejomar Binay Sr., the same
was made in order to indicate the civil status of Elenita who was
married to Jejomar Sr. at the time the title over the said parcel of land
was transferred to her. The same title however made no conferment
of ownership to Jejomar Sr.. Hence, to assume that the consent of
Jejomar Sr.’s children was needed before the conveyance of Lot No.
3571-C-1 was misplaced. Elenita, when she sold her own
paraphernal property, was parting away with her own exclusive
personal property and the consent of her children was not needed.
Furthermore, Defendant Victor Magtanggol deny as well that no
undue influence or fraud was employed upon the person of Elenita
when the sale transpired since Elenita though sick was of sound mind
and still in intelligent control of her mental capacities. The Deed of
Sale was subscribed before a Notary Public and the same enjoyed
the presumption of regularity. In the end, the parties reach a
settlement and signed a compromise agreement duly approved by
the Court and the same was the basis for the Decision of Dismissal,
that the court issued on February 6, 2013. The same Decision
reached finality as appearing in the Certificate of Finality issued by
the same Court on December 28, 2013;

8. Paragraphs 13, 14, 15, 16, and 17 are likewise specifically denied.
Plaintiff argues that the earlier Decision of Branch 31 – Regional Trial
Court of Iloilo City in Civil Case No. 09-30308 does not bind her as
she was not a signatory in the Compromise Agreement. In seeking
relief therefrom, Plaintiff instituted this instant independent action with
the same cause of action with the previous case. Plaintiff should not
have instituted this instant action and instead should have sought to
nullify the said Decision since Plaintiff is contesting the same;

9. At the same time, Plaintiff has no legal standing in instituting this case
since the rights she is claiming over the parcel of land emanates from
her supposed hereditary rights from his father Jejomar Sr.’s alleged
conjugal rights over the property. It is clear from documentary
evidence herein that Elenita’s Lot No. 3571-C-1 of TCT No. T-122393
came from Lot No. 3571-C of TCT No. T-132-753 which used to be
common inherited property of Elenita, Victor and Ernesto before the
partition. Hence Plaintiff is standing on the rights which to not exist in
the first place. Moreover, Plaintiff could be held liable for forum
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 shopping as he had instituted this same cause of action in the
aforesaid case before Branch 31;

10. Furthermore, this instant case of Plaintiff is in retaliation of the case

for Reivindicatoria with Damages filed by herein Defendant Victor
Magtanggol through Jojo Binay, attached herewith is the Special
Power of Attorney, correspondingly marked as Annex “5” and made
as an integral part of this pleading, on August 18, 2018 and now
pending before Branch 39 of the Regional Trial Court, Iloilo City
docketed as Civil Case No. 14-32444. In view of the settlement and
dismissal of Civil Case No. 09-30308, sometime in 2012, Plaintiff
asked Defendants to vacate the property since he would need it
already but the Defendants refused to do so. Consequently, Plaintiff
through then counsel Atty. Christie Joi Navallasca dated 9 March
2012 asking Defendant Spouses to vacate Lot 3571-C-1. However,
despite numerous demands – both oral and written, Plaintiff and his
wife have remained in illegal possession of the aforesaid land and up
to the present, still retain such possession. Plaintiff then received
the summons for the said case on October 9, 2013 and three days
later Plaintiff instituted this instant action;

AND BY WAY OF COUNTERCLAIN

11. Due to the Complaint filed by Plaintiff with no sufficient bases, herein
Defendants both suffered mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, and social
humiliation. Defendants are suffering from pain – both physical and
otherwise – and though moral damages may be beyond pecuniary
estimation, these may well be assessed for each Defendant at an
amount left to the kind of discretion of this Court. Our New Civil Code
on Damages specifically provides the following legal bases for this
counterclaim of Defendants, to wit:

“Article 2217. Moral damages include physical suffering,

mental anguish, freight, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation and similar
injury Xxx (Emphasis supplied)”

12. Furthermore, as a consequence of the groundless suit of this

Complaint, Defendants were forces to engage the services of the
undersigned attorney for which Defendants agreed to pay the sum of
Thirty Thousand Pesos (PhP30,000.00), Philippine currency as
Attorney’s Fees and the amount of Two Thousand Pesos
(PhP2,000.00), Philippine currency, as Appearance Fee for each
hearing in court.

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 P R A Y E R

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that judgment be rendered as follows:

1. DISMISSING THE CASE for failure to state cause/s of action and

violation of the certification against forum shopping;

2. ORDERING Plaintiff to pay herein Defendants the following, to

wit:
2.1 Attorney’s Fees since Defendants were compelled to
hire the services of the counsel for an agree sum of Thirty
Thousand Pesos (PhP30,000.00), Philippine currency as
Attorney’s Fees and the amount of Two Thousand Pesos
(PhP2,000.00), Philippine currency, as Appearance Fee for
each hearing in court;

2.2 Judicial costs and litigation expenses in the sum of

Ten Thousand Pesos (PhP10,000.00),Philippine Currency; and

3. AWARDING Defendants moral and exemplary damages in the

amount left to the sound discretion of this Honorable Court.

Defendants further pray for such other reliefs which are just and
equitable under the premises.

RESPECTFULLY SUBMITTED.
Iloilo City, Philippines, November 27, 2018.

ANNA VICTORIA DELA VEGA

Counsel for the Defendants
2nd Flr., Rm 9, Jamerlan Building
Iznart Street, Iloilo City Tel. No. 330-38-15
PTR No. 5294351/January 4, 2017/Iloilo City
IBP ID NO.1017323/January 4, 2016/Iloilo City
Attorney’s Roll No. 81795
MCLE CERTIFICATE of COMPLIANCE dated 1-20-
2017 under MCLE Compliance No. V-00881795

Page 5 of 6
 REPUBLIC OF THE PHILIPPINES )
CITY OF ILOILO ) S.S.
X----------------------------------------------X

VERIFICATION/CERTIFICATION

We, VICTOR MAGTANGGOL and ABBY BINAY, of legal ages, Filipino

and with residential addresses at Tacurong City, Sultan Kudarat, Cotabato, Philippines,
after having sworn into in accordance with law, hereby, depose and say:

1. We are Defendants in the above-captioned case;

2. We have caused the preparation of the foregoing Answer;

3. We have read and understood the same and we affirm the truth of the
allegations thereof of our personal knowledge and these are based on authentic records
on hand.

IN WITNESS WHEREFOR, I have hereunto set my hand this November 27,

2018 at Iloilo City, Philippines.

VICTOR MAGTANGGOL ABBY BINAY

Affiant Affiant

NOTARIAL CERTIFICATE

BEFORE ME, this November 27, 2018 at Iloilo City, Philippines, personally
appeared VICTOR MAGTANGGOL and ABBY BINAY , the principal to the foregoing
instrument.
I certify that the principal having exhibited to me their identification card bearing
their signature, Philippine Passport No. GB3022435. The principal affixed her signature
on the foregoing document voluntarily.
I further certify that the principal has assigned the pertinent entry on my Notarial
Register.

WITNESS MY HAND AND SEAL on the date and place first above written.

ATTY. NORVIE AINE P. SPECTER

Doc. No.: 124 NOTARY PUBLIC, CITY AND PROVINCE OF ILOILO
Page No.: 26 NOTARIAL COMMISSION REG NO 110
Book No.: XXVI ISSUED ON APRIL 24, 2018, ILOILO CITY
Series of 2016 FOR A TERM EXPIRING DECEMBER 31, 2020
RM. 9, JAMERLAN BUILDING, IZNART ST. ILOILO CITY
PTR No. 5294351/January 4, 2018/Iloilo City
IBP ID NO.1017323/January 4, 2016/Iloilo City
Copy Furnished: Attorney’s Roll No. 42796

ATTY.CHRISTIE JOI C. NAVALLASCA

Counsel For the Plaintiff
3rd Floor, CJRQ Avancena Hall of
Justice,
Bonifacio Drive, Iloilo City

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