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Answer On Forcible Entry

This document is an answer with counterclaim filed in response to a civil case regarding a property dispute. It denies many of the allegations in the complaint, provides statements of fact supporting the defendants' position, and asserts compulsory counterclaims for attorney's fees, costs, and moral damages. Specifically, it claims the defendants have possessed the disputed land for over 40 years and that the plaintiffs fenced the property first, barring any claim of encroachment. The response seeks dismissal of the complaint and award of the requested counterclaim amounts.

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Lucille Teves
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8K views5 pages

Answer On Forcible Entry

This document is an answer with counterclaim filed in response to a civil case regarding a property dispute. It denies many of the allegations in the complaint, provides statements of fact supporting the defendants' position, and asserts compulsory counterclaims for attorney's fees, costs, and moral damages. Specifically, it claims the defendants have possessed the disputed land for over 40 years and that the plaintiffs fenced the property first, barring any claim of encroachment. The response seeks dismissal of the complaint and award of the requested counterclaim amounts.

Uploaded by

Lucille Teves
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

MUNICIPAL TRIAL COURT


8th Judicial Region
BAYBAY CITY, LEYTE

SPS. ANTONIO A. SURINGA and


KAREN LADAO- SURINGA
,Represented by DANILO A. SURINGA
Plaintiffs,

- versus – CIVIL CASE CV 20-08-02


For :
SPS. CARLOS CASTRO SR. and FORCIBLE ENTRY WITH
LOLITA CASTRO, DAMAGES
Defendants.
x-----------------------------------------/

ANSWER WITH COUNTERCLAIM

Defendants , by counsel, respectfully state:

DENIALS

1. The following paragraphs are specifically denied for the


following reasons:

1.1 Paragraph 3 for lack of knowledge. (subsequently


referred to as “Par” in singular form, and “Paras” in
its plural form ) ;

1.2 Paras 4,5,6, for lack of personal knowledge ;

1.3 Par. 7 for lack of basis, plaintiffs are not the real party
in – interest over the said parcel of lot .

1.4 Par. 8, 9, 14 are false, prior to the fence being


constructed by the defendants, there was already a
barbed wire put up by the plaintiffs, the defendants
did not go beyond the barbed wire fence, hence no
encroachment to speak up.

1.5 Paras 10, 11,12, 13, for lack of personal knowledge;

1.6 Par. 15, of the Complaint is denied for lack of


knowledge or information sufficient to form a belief
2

as to the veracity or falsity of the alleged amount of


attorney’s fees agreed upon between the plaintiffs
and their lawyer.

1.7 Paras 16 and 17 are denied for lack of basis. Plaintiffs’


claim of sleepless nights, anxiety and besmirched
reputation are products of their own doing and no
monetary amount should be claimed for moral
damages from the defendants. Likewise, exemplary
damages are only granted in certain cases, but not in
this particular case.

COUNTER- Statement of Facts

Defendants replead all of the foregoing and further state :

2. Lot 7708 was owned by SOFIA B. CASTRO as evidenced by an


Original Certificate of Title .

A copy of the Original Certificate of Title is attached as


Annex “A”. Its contents are incorporated in, and made part of
this Answer by reference

3. Defendant Carlos B. Castro Sr. who took possession of the


property is the successor -in – interest of SOFIA B. CASTRO.

4. The above mentioned parcel of land – lot 7708 is an adjoining


lot of a dry river bed.

5. Defendants occupied the inherited lot 7708 for more than 40


years as well as the dry river bed in an open , continuous ,
exclusive and notorious possession.

A copy of the affidavits of Mr. Carlos B. Castro Sr. and


Mrs. Lolita S. Castro are attached as Annex “B” and “C”. Its
contents are incorporated in, and made part of this Answer by
reference.

6. The prior owner of lot 7709 was Rosal Nishiki . SPS. ANTONIO
SURINGA purchased the lot 7709 from the previous owner
Rosal Nishiki. Simply put, Spouses Castro were in prior
possession of the dry river bed and had introduced
improvements thereon such as planting coconut trees, banana
trees and others.
3

A copy of the affidavit of LYDIO C. SURINGA Sr. is


attached as Annex “D”. Its contents are incorporated in, and
made part of this Answer by reference.

7. Plaintiffs did the fencing first made of barbed wires , hence ,


plaintiffs cannot claim that defendants entered their property
through force, intimidation, stealth or strategy.

A copy of the Affidavit of Lorena C. Poliquit is attached as


Annex “E”. Its contents are incorporated in, and made part of
this Answer by reference.

8. The Spouses did not enter nor encroached the property of 7709
as evidenced by the Sketch Plan made by James Christopher M.
Loreto .

A copy of the Sketch Plan is attached as Annex “E”. Its


contents are incorporated in, and made part of this Answer by
reference.

Compulsory Counterclaims

Defendants replead all of the foregoing and further states :

9. By reason of the abuse of right committed by the plaintiffs and


by reason of the instant precipitate and unfounded suit, the
defendants were constrained to hire the services of a lawyer to
defend their rights and interests for attorney’s fee of PhP 20,000
plus PhP 2,000.00 per court appearance.

10.As a result of this baseless action, defendants who are already


senior citizens suffered sleepless nights and mental anguish.
Moral damages amounting to 50,000.00

PRAYER

WHEREFORE, premises considered, it is respectfully prayed


that the parties be given ample time to reach an amicable
settlement, and that in case of failure thereof, and after the
complaint be dismissed for lack of merit and the defendants’
compulsory counterclaim be granted;

(a) Attorney’s Fees amounting to 20,000.00


(b)Cost of the suit amounting to 20,000.00
4

(c) Moral damages amounting to 50,000.00

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted 10,2020, Baybay City, Leyte Philippines.

LUCILLE M.TEVES
Counsel for the Defendants
TEVES LAW OFFICE
c/o MIRAMBEL’S DIAGNOSTICS CENTER
San Mauro St.
Baybay City, Leyte
[email protected]
Mobile :09266113175

By:
ATTY. LUCILLE M. TEVES
Roll of Attorneys No. 66995
IBP No. 108873;January 9, 2020 Leyte Chapter
PTR No. 3770353; January 6, 2020; Baybay City, Leyte
MCLE Compliance No. VI –0010847

Copy furnished:

ATTY. ERNESTO M.BUTAWAN


Counsel for the Plaintiffs
R. Magsaysay Ave. , Baybay City , Leyte

Republic of the Philippines }


Province of Leyte
Baybay City, Leyte } S.S.
x-------------------------------x

VERIFICATION AND CERTIFICATION


5

AGAINST FORUM SHOPPING

We , SPS. CARLOS CASTRO SR. and LOLITA CASTRO of legal


age , Filipino citizens, and residents of Brgy. Bunga , Baybay City,
Leyte , after having been sworn to in accordance with law hereby
depose and say:

1. We are the defendants of the Civil Case No. CV 20-08-02;

2. We have caused the preparation and filing of the foregoing Answer through
counsel;

3. We have read the contents thereof and that all allegations therein are true and
correct based on our personal knowledge and on authentic documents;

4. The present Answer is not filed to harass, cause unnecessary delay, or


needlessly increase the cost of litigation;

5. The factual allegations therein have evidentiary support or if specifically so


identified , will likewise have evidentiary support after reasonable opportunity
for discovery.

6. We hereby certify under oath that we have not commenced any other action or
proceeding involving the same issues in the Supreme Court , the Court of
Appeals or different divisions thereof, or any other tribunal or agency ;

7. If there is any other action or proceeding that has been filed or pending before
the Supreme Court , the Court of Appeals of different divisions thereof or any
other tribunal agency, we shall notify the court , tribunal or agency within five
(5) days from such notice.

CARLOS CASTRO SR. LOLITA S. CASTRO


Affiant Affiant
Senior Citizen ID No.2017-04275 Senior Citizen ID No. 2015 –
01366

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