public of the Philippines
First Judicial Region
REGIONAL TRIAL COURT
Branch __
___________________
____________________________
-Plaintiff,
-versus- Civil Case No. A-000
For: QUITING OF TITLE
_____________________________
____________, -Defendants.
x----------------------------------------------x
ANSWER
With all due respect.
COMES NOW, defendant, unto the Honorable Court, most respectfully
submit her Answer to the complaint filed by the above-named plaintiffs, in the
following presentation:
ADMISSIONS AND DENIALS
1. Defendant admits paragraph 1 of the complaint in so far as the
personal circumstances of the defendants are concerned but
specifically denies the rest of the allegations for lack of knowledge or
information sufficient to form a belief as the truth or falsity of the
personal circumstances of the plaintiffs;
2. Defendant admits the allegation in paragraph 2
3. Defendant specially denies the allegations in paragraphs 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of the complaint for they
have no knowledge to form a belief as to the truth thereof, the truth
of the matter are those set forth in the Affirmative Defenses;
4. Defendant admits paragraph 19 and 20 of the complaint that the
matter was referred to the barangay; however, defendants denies the
rest of the allegations thereof as they have no knowledge to form a
belief as to the truth thereof, the truth of the matter are those set
forth in the Affirmative Defenses;
5. Defendants deny the allegation of paragraph 21 of the complaint for
they have no knowledge to form a belief as to the truth thereof, the
truth of the matter are those set forth in the Affirmative Defenses
DEFENDANT, hereby allege the following by way of –
SPECIAL AND AFFIRMATIVE DEFENSES
8. She re-plead and adopt by way of incorporation and reference, the
foregoing allegation as may be relevant and material hereto;
9. Presidential decree 1754 reserved the distance of 5
kilometers from both sides of the National Road as
forest and water reserve. As a forest and water
reserve as in the property in question, it cannot be
subject of ownership. Thus any title or tax
declaration/s issued in favor of herein complainants
are void. Hereto attached as Annex “A” is a copy of PD 1574 and
made an integral part hereof.
10. The property claimed by herein Plaintiffs is less than 700 meters away
from the Southern side of National Highway; as such is a forest and
water reserve, an inalienable and non-disposable land of public
dominion declared under PD 1574.
11. The realty in question being a forest and water reserve cannot be
owned by any private individual like herein plaintiffs; therefore, any
tax declaration or title issued to them is null and void.
12. In addition thereto, the foreclosure of the realty in question by the
Land Bank and the eventual sale to herein plaintiffs being in violation
of PD 1754 is null and void.
13. On _____________, ______________ executed a Deed of Sale in
favor of herein defendants over a parcel of land covered by Tax
Declaration ______. Hereto attached as Annex “B” is a copy of PD
1574 and made and integral part hereof.
14. By virtue of said sale, _____________ divested his claim over said
property to herein defendant. Spouses __________ forthwith built a
house and established residence thereat;
15. From _______ up to the present, herein defendants have been in
open, continues, exclusive , adverse and notorious possession of the
200 square meter portion of the property in question.
16. Said portion has never been possessed by herein plaintiffs.
17. To be sure, a tax declaration is neither title nor evidence of ownership
at most it is evidence of possession.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed unto
the Honorable Court that judgment be issued:
A. Dismissing the instant complaint for lack of cause of action and merit;
B. Ordering the plaintiffs to pay P20,000.00 as actual and moral
damages; P25,000.00 plus P1,500 per court appearance as Attorney’s
Fees, in favor of the herein defendants’
C. Cost of litigation; and
D. Other just and equitable remedies are likewise prayed for.
___________. 15 January 2019
________________ ____________
Defendant Defendant
VERIFICATION
Republic of the Philippines )
Done: _________ )
We, undersigned, all of legal age, Filipino citizens, and residents of
Brgy. _____________, after having been sworn in accordance with law,
depose and say:
That we are the defendants in the above entitled case;
That we have caused the preparation and filling of the above
answer; and
That the allegations therein are true of our own personal
knowledge;
IN WITNESS WHEREOF, we have hereunto affixed our signatures
this ______ of _________________ at ________________, Philippines.
_______________ __________
Affiant Affiant
SUBSCRIBED AND SWORN to before me this ____ day of
________________ at ________________, Philippines.
