Answer with Counterclaims-Accion Publiciana.docx - REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT 11th Judicial Region Digos Davao del Sur THE HEIRS

Answer with Counterclaims-Accion Publiciana.docx - REPUBLIC...

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REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT 11 th Judicial Region Digos, Davao del Sur THE HEIRS OF APOLONIA LANGAMON, namely : FLORENCE P. LANGAMON, FLORDILIZA C. LANGAMON, LEO P. LANGAMON, SALVADOR C. LANGAMON, DIOGRACIAS P. LANGAMON, JR., ALICIA P. LANGAMON, NARCISO P. LANGAMON, EVANEZA P. LANGAMON, ANALIZA C. LANGAMON and DANILO C. LANGAMON, herein represented by ALICIA P. LANGAMON, Plaintiff, -versus- RESTITUTA D. TAPUROC, BASELISA D. VALDEZ, AND JOHN DOE, Defendants. CIVIL CASE NO. ______________ FOR: RECOVERY OF POSSESSION, DAMAGES AND ATTORNEY’S FEES WITH PRAYER FOR PRELIMINARY MANDATORY INJUNCTION AND TEMPORARY RESTRAINING ORDER x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM COMES NOW, THE DEFENDANTS represented by the undersigned counsel, before the Honorable Court, most respectfully submits this Answer with Counterclaims, averring that: ADMISSIONS AND DENIALS 1. The allegation in paragraph 1 as to the personal circumstances of the Plaintiffs are ADMITTED but the alleged
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residence of Alicia C. Langamon in so far as it does not reflect consistency and veracity as stated in paragraph 1 of the complaint to wit: “Plaintiff are the legitimate surviving heirs of Apolonia Langamon; namely: xxx Alicia C. Langamon… all of legal age, Filipinos and are residents of Piape, Padada, Davao Del Sur…. xxx” in contrary to the first paragraph of the Verification and Certification of Non-Forum Shopping which provides “We, xxx Alicia C. Langamon xxx of legal ages, Filipino and are residents of xxx. Jumao-as Street, Digos City, Davao del Sur… xxx” is hereby DENIED; 2. The allegations in paragraph 2, 2.1 and 2.2 are ADMITTED. 3. The allegation in paragraph 3, as the parties have legal capacity to sue and be sued is ADMITTED. 4. The allegations in paragraph 4, 4.1, 4.2 regards the ownership of the Plaintiff on the subject parcel of land situated in Brgy. Piape, Padada, Davao del Sur is ADMITTED. 5. The allegations in paragraph 5 of the are ADMITTED; 6. The allegation in paragraph 6 of the complaint averring that “that without the consent of the Sps. Langamon, the parent of the above named defendants built on the disputed lot, structures which they later used as dwelling” is DENIED. In June 1980 the Plaintiff, Apolonia P. Langamon was not even the lawful owner of the subject property since as stated in paragraph 4 of the complaint, the Transfer Certificate of title No. T-57565 was issued on December 1990, therefore Plaintiff began her title to the property on December 1990. She was not the owner and not a lawful possessor of the subject property on June 1980. She was not deprived his right of possession as there was NO right to speak of at that time.
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