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Answerannulmentjeffrey

answer in annulment of deed of sale

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44 views5 pages

Answerannulmentjeffrey

answer in annulment of deed of sale

Uploaded by

louie rastica
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1

Republic of the Philippines


REGIONAL TRIAL COURT
7th Judicial Region
Dumaguete City
Branch 38
-oOo-

MILDRED S. TABILON,
Plaintiff,

- versus - Civil Case No. 2016-15111


FOR: Voiding of Document and
Damages
JEFFREY DURAN,
Defendant.
x----------------------------------/

ANSWER

Defendant, through undersigned counsel, unto this Honorable Court,

respectfully state:

ADMISSIONS

The following allegations in the complaint are admitted, to wit:

1. In paragraph 1 and 2, insofar as the personal circumstances of

plaintiff Mildred S. Tabilon, and insofar as the personal circumstances of

answering defendant is concerned;

2. In paragraph 10 and 11, only on the fact of filing of two counts of

estafa;

SPECIFIC DENIALS

For the reasons stated in the Affirmative Allegations and Special and

Affirmative Defenses, the following allegations in the complaint are

specifically denied:

1
2

3. In paragraph 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20,

21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34;

For lack of knowledge or information sufficient to form a belief as to

the truth thereof:

AFFIRMATIVE ALLEGATIONS

Showing the truth of the matters specifically denied above and in

support of herein Specific Denials and Special and Affirmative Defenses,

defendants most respectfully state:

4. That the herein Plaintiff, sold to herein Defendant the subject

property as evidenced by a Deed of Sale of a parcel of land hereto

attached as Annex “1”, together with the Acknowledgement Receipt she

executed hereto attached as Annex “2”.

5. The Plaintiff also delivered to Defendant the owner’s duplicate

copy of OCT No. 2015000036 covering Lot No. 104-B, Declaration of

Heirship, subdivision plan and death certificate of the Plaintiff’s mother,

Flordeliza Tabilon.

6. That the Plaintiff, filed two counts of estafa against the Defendant

before the Office of the City Prosecutor, which was docketed as NPS No.

VII-11-INV-16A-00047 and 00048 but the same was dismissed, a copy of

such resolution was attached herewith as Annex “3”.

7. That in such cases in the City Prosecutor’s Office, the Plaintiff

never raised the issue that the marginal signatures in such Deed of Sale

2
3

was a forgery. The raising of such issue right now was an afterthought just

to trick this Honorable Court that she had a cause of action.

SPECIAL AND AFFIRMATIVE DEFENSES

In support of the Specific Denials and Affirmative Allegations,

defendants respectfully move that the Complaint be dismissed on the

following ground;

THE PLAINTIFF HAS NO CAUSE OF ACTION


AGAINST THE DEFENDANT AND IN ESTOPPEL,
THE FORMER SHOULD HAVE RAISED THE
ISSUE OF FORGERY AND FALSIFICATION OF
THIS DEED OF SALE BEFORE THE FISCAL’S
OFFICE.

DISCUSSION

I. THE PLAINTIFF HAS NO CAUSE


OF ACTION AGAINST THE
DEFENDANT AND IN ESTOPPEL,
THE FORMER SHOULD HAVE
RAISED THE ISSUE OF FORGERY
AND FALSIFICATION OF THIS DEED
OF SALE BEFORE THE FISCAL’S
OFFICE.

8. In the case of estafa before the Office of the City Prosecutor, the

Plaintiff never raised the issue that her signature was falsified, what she

alleged was that she signed documents in blank. But such allegations was

dismissed by the Honorable Prosecutor since such Deed of Sale and

3
4

Acknowledgement Receipt , on the face of these documents show they are

properly signed and notarized.

The allegations of herein Plaintiff that her marginal signatures of this

Deed of Sale was forged was an afterthought just to convince and trick this

Honorable Court that she had a cause of action in annulling these

documents.

The Plaintiff just wanted to purchase back the property at the same

price since she had a prospective buyer who will buy it for a higher price.

That’s why she made up stories and file this baseless case. No person of

his right mind would sign blank documents and deliver the original duplicate

copy of title and other documents of her property if she is not actually

selling it.

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed that

judgment be rendered in favor of the defendant and against the plaintiff:

1. Dismissing the Complaint for lack of cause of action.

Defendant further pray for such other reliefs or remedies as may be

deemed just and equitable in the premises.

Dumaguete City, Negros Oriental, Philippines.

23 May 2016.

ATTY. OBDULIO GUY D. VILLAHERMOSA III


Counsel of Defendant
PTR NO.1263156-2/23/2016
IBP No. 1006345-5/17/2016
ROLL NO. 41549, MCLE Compliance No. 0009751

4
5

VERIFICATION

I, JEFFREY DURAN, married, Filipino citizen, of legal age and a resident


of Batinguel, Dumaguete City, Negros Oriental, Philippines, subscribing under
oath, hereby depose and say that:

1. I am the defendant in the foregoing Complaint;

2. I have caused the preparation of the same and have read the
allegations contained therein and known them to be true and correct to our
own personal knowledge and based on authentic documents;

IN WITNESS WHEREOF, We have hereunto affixed our signatures this


_________________ in Dumaguete City, Negros Oriental, Philippines.

JEFFREY DURAN
Defendant

SUBSCRIBED AND SWORN to before me this ___________ in Dumaguete


City, Negros Oriental, Philippines, affiants exhibiting to me his Driver’s license
no. G02-96-048067.

Doc. No. _____.


Page No. _____.
Book No. _____.
Series of 2016.

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