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Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
9th Judicial Region
Branch 1
Zamboanga City
HAZRA IBRAHIM
Complainant, BRGY CASE No. _________
FOR UNLAWFUL DETAINER
- Versus –
JANA AMING, et. Al.,
Respondents.
------------------------------------------------------------x
ANSWER
COME NOW Defendant, through his undersigned counsel and to this Honorable Court,
most respectfully alleges that:
1. He admits the allegations in paragraphs 1, 2, and 3 of the Complaint.
2. He specifically denies the allegations in paragraph 4 thereof, the truth being that the
respondents have tilled and cultivated the land for years in good faith. We, the respondents
lawfully worked in the land and paid monthly rentals to the complainant as payment for the use
of the land.
SUBSCRIBED AND SWORN to before me on this 21 September 2018 at Zamboanga
City, Philippines Affiant JANA AMMING exhibited to me their Valid and Competent Identity,
Driver’s License No. M0-0117 issued at Zamboanga City.
RODERICK ISONG
Doc. No. 450 NOTARY PUBLIC
Page No. 110 ISONG LAW FIRM
Book No. IV Notarial Commission No. 77-2023
Series of 2018 Valid Until 31 December 2019
PTR NO. 1687384 – 04/10/18 ZC
I.B.P. NO. 039026 – 02/08/18 ZC
MCLE No. V-0007358-7/4/15
Roll No. 69000
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“Spouses XXX and YYY
FE & ASSOCIATES LAW FIRM
Zamboanga City
Dear Mr. and Mrs. XXX
In reply to your notice to vacate addressed to my brother, AAA dated 28 May 2008,
please be informed that I have authorized him as caretaker of the subject property,
pending installation of water and electric connections, as well as to watch over my
personal properties left thereat. I manifest that you have no right to demand that he
vacates the area since you have no right of possession over the subject lot. I have the
right to possess and occupy the 305 square meter portion of the subject lot, and in this
regard, please find as self explanatory the attached reply of my counsel your notice of
vacate on 20 September 2007, which I reiterate and reproduce as integral part hereof.
Since my brother is my duly authorized caretaker of the subject property, I regret to
in form you that he will stay in the subject lot, take care of it and protect my personal
properties thereat.
Very truly yours,
(Sgd) (CCC)
Machine copy of said letter is hereto attached as Annex “2”.
4. Herein Defendant admits that he received the subject notices but denies the truth or
veracity of the allegations therein as well as those in paragraph 7, the truth being that stated in
his Special and/or Affirmative Defenses.
5. He specifically denies the allegations in paragraphs 8, 9 and 10 of the Complaint for
lack of knowledge or information sufficient to form a belief as to the truth or falsity thereof.
Besides, Plaintiffs are the ones to be blamed for having filed this baseless and unfounded
complaint.
AND BY WAY OF
SPECIAL AND/OR AFFIRMATIVE DEFENSES
6. Defendant hereby reproduces, reiterates, restates, and incorporates by reference all the
material allegations in the foregoing paragraphs and alleges further that:
7. On 21 May 2003, Plaintiffs-Spouses filed with Branch 14, Regional Trial Court of
Zamboanga a Petition for Issuance of a Writ of Possession over the subject parcel registered in
their name under Transfer Certificate of Title No. T-160,260 and formerly covered by TCT No.
T-150,600 in the name of Defendant’s mother, BBB, married to EEE of the Registry of Deeds of
Zamboanga City.
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8. On June 17, 2003, Defendant’s brother CCC filed a Motion to Intervene in said
Petition on the ground that 305 square meter portion of the subject property belongs to him
having been bought from his uncle DDD. The subject property which contains an area of 1,831
square meters formerly belonged to Defendant’s grandparents, the spouses JJJ and LLL, then
covered by TCT No. T-80,500.
9. On 28th August 2007, the Honorable Presiding Judge KKKof Branch 00, Regional Trial
Court of Zamboanga City, issued an Order to the subject Petition for Issuance of a Writ of
Possession, the dispositive portion of which reads as follows:
“WHEREFORE, excluding the 305 square meter portion being occupied by
intervenor CCC, let writ of possession be issued directing the Sheriff of this Court to
place the herein Petitioners in actual physical possession of the property covered by
TCT NO. T-160,260, AND to eject therefrom the mortgagor BBB, her agents and such
other persons claiming rights under her.”
Machine copy of said Order is hereto attached as Annex “3”.
10.Said Order (Annex “3”) became final and executory on 02 September 2007, as shown
by its Certificate of Finality dated 21 September 2007, machine copy of which is hereto attached
as Annex “4”.
11. Pursuant thereto, Defendant’s mother BBB vacated the subject premises consisting of
1,526 square meters, while CCC continued to occupy the 305 square meters awarded to him.
Subsequently, however, Plaintiffs’ counsel in his letter dated 20 September 2007 demanded on
CCC to vacate the 305 square meters occupied by him, which letter was answered on 16 October
2007 by CCC, through his counsel as follows:
“ATTY. QQQ
Counsel for Spouses XXX and YYY
Zamboanga City
Sir:
This is in reply to your letter of demand to vacate dated 20 September 2007 which
was indorsed to my Office by my client, CCC. We regret to inform you that Mr. CCC
could not comply with your demand that he vacates the 305-square meter portion of the
subject lot covered by TCT No. T-160,260 of the Registry of Deeds of Zamboanga City.
Being the counsel of the Spouses XXX and YYY, you are aware that my clients’ right to
possess and occupy the subject lot has been judicially settled and adjudicated in their
favor, on the basis of the Order dated 28 August 2007 in Cadastral Case No. 06-72,
Branch 00, Regional Trial Court of Zamboanga City, which has become final and
executory with the issuance of the Certificate of Finality on 21 September 2007.
It is recalled that the aforementioned case involves a petition filed by your clients for
the issuance of a writ of possession over the entire lot covered by the said title, for them
to be able to be placed in physical possession of the subject property. In the said Order
granting your clients’s petition, the 305 square meters occupied by my clients is being
excluded from that portion of the subject lot, whose possession shall be turned over to
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the Furigay Spouses. This is very clear in the dispositive portion thereof, which reads as
follows:
“WHEREFORE, excluding the 305 square meter portion being occupied by
intervenor CCC, let writ of possession be issued directing the Sheriff of this
Court to place the herein Petitioners in actual physical possession of the property
covered by TCT NO. T-160,260, AND to eject therefrom the mortgagor BBB, her
agents and such other persons claiming rights under her.
Having been finally adjudged to be entitled to possession over the 305 square meter
portion of the subject property, my client CCC and his family could not be ordered to
vacate the same, as said Order constitutes res judicata to any subsequent litigation or
action that may arise between the same parties, involving recovery of possession. Thank
you for your time and I remain
Very truly yours,
(sgd) TRY
Legal Counsel
AT MY BEHEST:
(sgd) CCC
12. Having failed to eject CCC who has been finally adjudged as the lawful occupant and
possessor of said lot consisting of 305 square meters, Plaintiffs then turned to herein Defendant
who is just authorized to his brother CCC to stay thereat in order to secure and safeguard his
personal belongings thereat considering that CCC is working at the Zamboanga Zone. Plaintiffs
therefore, have NO CAUSE OF ACTION against herein Defendant as they are not the ones
finally adjudged to be entitled to possession and occupation thereof, but CCC.
13. It is submitted that in an action for forcible entry and unlawful detainer, the only issue
is possession in fact, or physical possession of real property, independently of any claim of
ownership that either party may put forth in his pleading. Since Defendant’s brother CCC has
been finally adjudged to be entitled to possession and occupation of the property, then, herein
Defendant who was authorized by the lawful possessor to stay in the premises cannot be ejected
by Plaintiffs who have no right of possession thereof.
14. The filing of the instant case was irresponsible and baseless considering that Plaintiffs
fully knew well that Defendant has been authorized to stay in the subject property its lawful
possessor, CCC, thereby causing Defendant to incur expenses and reduction in earnings due to
absence from work, transportation expenses, and other cost of attending to the case that plaintiffs
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filed, for which, they should compensate him by way of actual damages should not be less than
TEN THOUSAND PESOS (PhP 10,000.00).
15. In order for Defendant to properly defend himself from this careless and irresponsible
suit from Plaintiffs, he hired the services of the undersigned counsel in the sum of PhP20,000.00
Acceptance Fee, P2,000.00 deposit for legal expenses, plus PhP 1,500.00 per appearance in court
and cost of suit.
PRAY E R
WHEREFORE, it is most respectfully prayed of this Honorable Court that, after due
notice and hearing, Judgment be rendered:
1. Dismissing the above-entitled complaint for lack of Cause of Action and lack of merit;
2. Ordering Plaintiffs to pay Defendants the following:
a. PhP 10,000.00 by way of Actual Damages;
b. PhP 20,000.00 Acceptance Fee, P2,000.00 deposit for legal expenses, and PhP
1,500.00 per Appearance in Court and costs of suit.
Other reliefs just and equitable under the premises are likewise prayed for.
TRY
P.T.R. NO. 100000 – 1/10/10 Z.C.
I.B.P. No. 1020000 – 1/0/10 Z.C.
MCLE No. V-00000 – 3/20/10
Roll No. 00001
TRY
Counsel for Defendant
Manor
Zamboanga City
P.T.R. NO. 100000 – 1/10/10 Z.C.
I.B.P. No. 1020000 – 1/0/10 Z.C.
MCLE No. V-00000 – 3/20/10
Roll No. 00001
REPUBLIC OF THE PHILIPPINES)S.S.
CITY OF ZAMBOANGA X X X)
VERIFICATION/CERTIFICATION
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I, AAA of legal age, Filipino Citizen, married, with residence and postal address at
Zamboanga City respectively, after having been duly sworn in accordance with law, hereby
depose and say:
1. I am the Defendant in the above-entitled case;
2. I have caused the preparation of the foregoing Answer with Compulsory Counterclaim;
3. I have read and understood the contents thereof; and the facts therein alleged are all
true and correct to the best of our knowledge and based on authentic records.
4. I further certify that I have not commenced any other action or proceeding involving
the same issue in the Supreme Court, Court of Appeals, or different Divisions thereof; or
any other Tribunal or Agency, and that if I should learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, Court of Appeals, or any other
Tribunal or Agency, I shall undertake to notify this Honorable Court within five (5) days
from such notice.
IN WITNESS WHEREOF, I have hereunto set my hand on this 01 day of March 2010 at
the City of Zamboanga, Philippines.
AAA
Affiant
SUBSCRIBED AND SWORN to before me on this 01 day of March 2010, affiant, CCC
exhibiting to me his Community Tax Certificate no._________ issued on ____ at Zamboanga
City, Philippines.
Doc. No. _ TRY
Page No. _ NOTARY PUBLIC
Book No. XVI Until 31 December 2011
Series 2010 Notarial Commission No. 000-2006
XYZ Law Office
Manor
Zamboanga City
P.T.R. NO. 100000 – 1/10/10 Z.C.
I.B.P. No. 1020000 – 1/0/10 Z.C.
MCLE No. V-00000 – 3/20/10
Roll No. 00001
Copy Furnished:
Atty. WWW
Zamboanga City
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