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REPUBLIC OF THE PHILIPPINESMUNICIPAL TRIAL COURT11thJudicial RegionDigos, Davao del SurTHE HEIRS OF APOLONIA LANGAMON,namely:FLORENCEP.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: RECOVERYOF POSSESSION,DAMAGESANDATTORNEY’SFEESWITHPRAYERFORPRELIMINARYMANDATORYINJUNCTION ANDTEMPORARYRESTRAININGORDERx - - - - - - - - - - - - - - - - - - - - - - - - - - - - - xANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSESAND COUNTERCLAIMCOMES NOW, THE DEFENDANTSrepresented by the undersignedcounsel, before the Honorable Court, most respectfully submits this Answerwith Counterclaims, averring that:ADMISSIONS AND DENIALS1.The allegation in paragraph 1 as to the personalcircumstances of the Plaintiffs are ADMITTED but the alleged
residence of Alicia C. Langamon in so far as it does not reflectconsistency and veracity as stated in paragraph 1 of the complaint towit: “Plaintiff are the legitimate surviving heirs of Apolonia Langamon;namely: xxx Alicia C. Langamon… all of legal age, Filipinos and areresidents of Piape, Padada, Davao Del Sur…. xxx” in contrary to thefirst paragraph of the Verification and Certification of Non-ForumShopping which provides “We, xxx Alicia C. Langamon xxx of legalages, 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 areADMITTED.3.The allegation in paragraph 3, as the parties have legalcapacity to sue and be sued is ADMITTED.4.The allegations in paragraph 4, 4.1, 4.2 regards theownership of the Plaintiff on the subject parcel of land situated inBrgy. 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 averringthat “that without the consent of the Sps. Langamon, the parent of theabove named defendants built on the disputed lot, structures whichthey later used as dwelling” is DENIED. In June 1980 the Plaintiff, Apolonia P. Langamon was not eventhe lawful owner of the subject property since as stated inparagraph 4 of the complaint, the Transfer Certificate of title No.T-57565 was issued on December 1990, therefore Plaintiffbegan her title to the property on December 1990. She was notthe owner and not a lawful possessor of the subject property onJune 1980. She was not deprived his right of possession asthere was NO right to speak of at that time.