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
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.
