Group3 Answer To Complaint

Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
Branch __
Cebu City
BIEN V. NIDO,
Plaintiff,
- versus - CIVIL CASE NO.

___________
For: Unlawful Detainer and
Damages
HERMO GINES,
Defendant,
x--------------------x
ANSWER
COMES NOW, defendant HERMO GINES, thought counsel, in

answer to the Complaint received on December 20, 2019 filed by
plaintiff BIEN V. NIDO against defendant, respectfully states that:
1. The defendant admits Paragraph 3 insofar as it alleges that

defendant Hermo is of legal age, and with postal address at
Barangay Babag, Cebu City;
2. The defendant admits Paragraph 3 insofar as it alleges that

Defendant is an occupant of the subject premises of the instant
case;
3. The Defendant denies under oath as to the existence of Transfer

Certificate of Title No. 107-2019014344 belonging to the
registered owner Bien V. Nido.As far as the Defendant is
concerned, they have been in open, continuous, exclusive, notorious and adverse
possession in the concept of and owner for value as early as 1971 (new TCT—date 1971)
{They derived their right of ownership and possession from Doming V. Nido
(grandfather of the plaintiff) who ceded, sold, transferred and conveyed the subject
property for value in favor of HERO GINES( grandfather of defendant) as evidenced
by an Acknowledgement Receipt dated August 7 ,1971 which is attached hereto as
exhibit/annex __ and entry no. ___ ;dated November ,1971, of a Notarial Registry
certified to by the National Archives, copy of which is hereto attached as
Exhibit/annex ___}
-----di ko sure if ibutang nani cya sa answer)
1
4. The Defendant denies under oath the execution and authenticity
of the Acknowledgement Receipt, Annex “A” of the complaint,
the truth being that the same is a forgery and that he did not
execute nor sign the same. Defendant was out of the country
during the execution of the document therefore it is impossible
for the defendant to sign such. Defendant alleged the Annex “A”
of the complaint to be defective since superimposition of
defendant’s signature is observed. Copy of such passport is
attached hereto as Annex “C”.
AFFIRMATIVE AND SPECIAL DEFENSES
1. The date November 15, 2014 an Extrajudicial Settlement of Estate

and Declaration of Heirs has been executed by Bien V. Nido and
Vivien V. Nido following the death of their parents Biendo Nido
and Viminda V. Nido who died on January 16, 1969 and June 14,
2014, respectively. A copy of the Extrajudicial Settlement of Estate
and Declaration of Heirs is attached herein as Annex “D”.
2. As evidenced by witnesses Derp Sikatsafb and Derpina Sikatsafb

caretakers of the lot in dispute, both of whom were present
during the execution of the Absolute Sale and saw that spouses
Maria and Jose Dela Cruz signed the Deed of Absolute Sale prior
to their death on October 15, 2012; a copy of the Sworn Statements
of Derp and Derpina Sikatsafb is hereto attached as Annex 1.
PRAYER
WHEREFORE, defendant HERMO GINES respectfully prays

that Judgment be rendered DISMISSING the Complaint for lack of
lack of cause of action with costs against the plaintiff.
Defendant Hermo prays for such further or other reliefs as may

be deemed just and equitable.
Cebu City, 30 December 2019.
BACALTOS EPE LAPE LEDESMA MAYORDO VILLA

(BELL MV LAW)
Counsel for the Defendant
B-3 VHT Arcade, F. Cabahug St.
Corner Almendras St., Cebu City
Telephone: (032) 231-3288
By:
2
JAYSELLE R. BACALTOS
PTR No. 080464
Issued on January 3, 2019
Cebu City
IBP No. 0656565, 1-3-2019
Atty. Roll No. 656502
3
Republic of the Philippines)
City of Cebu ) S.S.
VERIFICATION &
CERTIFICATION OF NON-FORUM SHOPPING
I, HERMO GINES, after having been sworn to in accordance with

law, do hereby depose and declare that:
1. I am the Defendant in the instant case;
2. That I have caused the preparation of said answer.
3. That I have read the allegations therein contained, and that

the same are true and correct of my personal knowledge.
4. That I have not theretofore commenced any action or filed

any claim involving the same issues in any court or
tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending
therein; and if I should thereafter learn that the same or
similar action or claim has been filed or pending, I shall
report that fact within (5) days therefrom to the court
wherein the aforesaid complaint or initiatory pleading has
been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 30

December 2019 at Cebu City.
HERMO GINES
Affiant
TIN: 987-654-321
SUBSCRIBED AND SWORN to before me this 30th day of

December 2019, at Cebu City.
Doc. No. ___;

JACQUELINE JIVA D. LEDESMA
Page No. ___; Notary Public
Book No. ___; Until December 31, 2021
PTR No. 080689
Series of 2019. Issued 01/03/2019/Cebu City
IBP No. 080689, 1-3-2017
Atty. Roll No. 080989
Copy Furnished:
ATTY. KARLA LYSHA J. LASTIERRE

Counsel for plaintiff
2nd Floor, USPF Building
Salinas Drive, Lahug, Cebu City
6000 Philippines
4

Group3 Answer To Complaint

Uploaded by

Copyright:

Available Formats

Group3 Answer To Complaint

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Group3 Answer To Complaint

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

- versus - CIVIL CASE NO.

COMES NOW, defendant HERMO GINES, thought counsel, in

1. The defendant admits Paragraph 3 insofar as it alleges that

2. The defendant admits Paragraph 3 insofar as it alleges that

3. The Defendant denies under oath as to the existence of Transfer

AFFIRMATIVE AND SPECIAL DEFENSES

1. The date November 15, 2014 an Extrajudicial Settlement of Estate

2. As evidenced by witnesses Derp Sikatsafb and Derpina Sikatsafb

WHEREFORE, defendant HERMO GINES respectfully prays

Defendant Hermo prays for such further or other reliefs as may

Cebu City, 30 December 2019.

BACALTOS EPE LAPE LEDESMA MAYORDO VILLA

I, HERMO GINES, after having been sworn to in accordance with

1. I am the Defendant in the instant case;

2. That I have caused the preparation of said answer.

3. That I have read the allegations therein contained, and that

4. That I have not theretofore commenced any action or filed

IN WITNESS WHEREOF, I have hereunto set my hand this 30

SUBSCRIBED AND SWORN to before me this 30th day of

Doc. No. ___;

ATTY. KARLA LYSHA J. LASTIERRE

You might also like