MARINA BANGOY,
Defendant.
x-------------------------------x
appearance, defendant was not able to file the required Position Paper as
mandated by the Honorable Court, thus this Motion.
POSITION PAPER
In their Position Paper dated December 12, 2005 in page 2 thereof par.
3 and 4 and we quote:
However, the defendant despite receipt of the plaintiffs
demand letter dated November 8, 2004, deliberately failed and
refused to vacate the subject premises to the damage and prejudice of the plaintiff. Copy of the Demand Letter is hereto attached
as Annex C
On February 21, 2005, the title to the subject property
Was issued in the name of the plaintiff under Transfer Certificate
of Title No. 14745 thereby rendering insignificant the contention
of the defendant that the plaintiff has no right of possession over
the property subject matter of this case. Copy of the Transfer
Certificate of Title No. 14745 is hereto attached as Annex D ;
1.
The Defendant denies paragraph 1 of the plaintiffs complaint for
lack of knowledge or information sufficient to form a belief as to the truth
of the allegations thereof.
2.
3.
The Defendants specifically denies paragraph 3 of the plaintiffs
complaint. The truth of the matter was that the premises subject matter of
this ejectment suit is still registered in the name of the former owner FAR
EAST BANK AND TRUST COMPANY (now BANK OF THE PHILIPPINE
ISLANDS (BPI) who was not joined as party plaintiff. It must be stressed
that registration is the operative act that vest ownership over real property.
4.
The Defendants specifically denies paragraph 4 and 5 of the
plaintiffs complaint. The truth of the matter was that the plaintiff does not
have any right of possession over the property subject matter of this case
as Transfer Certificate of Title No. 425 is still registered to its former
owner. Bare allegations of ownership without any proof will not ripen to
ownership. Our system of registration of real property mandates that
ownership over real property must be recorded before the proper Register
of Deeds where the land is located.
5.
The defendant deny paragraph 6 of the plaintiffs complaint for lack
of knowledge or information sufficient to form a belief as to the truth of the
allegations thereof.
Page 2
6.
The Defendant herby denies paragraph 6, 7, 8, 9, and 10 and of the
plaintiffs complaint for lack of knowledge or information sufficient to form a belief
as to the truth of the allegations thereof. Besides, plaintiff has no valid claim or
legitimate claim against the defendant. It is the plaintiffs fault in bringing this
baseless suit and his alleged damages is due to his own fault.
FELINDA MOJE,
Defendant.
x-------------------------------x
ANSWER WITH COUNTER CLAIM
DEFENDANT, by counsel unto this Honorable Court most
respectfully avers, that:
1.
only that she proceeded with the plaintiffs office but denies the rest
for lack of knowledge sufficient to form a belief as to the truth or
falsity of the allegations thereof.
4.
Page 2
5.
Defendant
plaintiffs complaint, but denies the rest thereof for lack of knowledge
sufficient to form a belief as to the truth of the allegations thereof.
6.
the plaintiffs
complaint
or information
Complaint.
8.
the plaintiffs
complaint
or information
That
Page 3
Department of Justice
PUBLIC ATTORNEYS OFFICE
Muntinlupa District Office
Suite 205 & 206 Fresnedi Bldg.,
National Rd., Putatan. Muntinlupa
City
Page 4
LUIS C. BUCAYON II
Public Attorney II
Roll No. 43793
IBP No. 648637 PPLM Chapter
VERIFICATION
I, the undersigned, under oath hereby state and depose:
1. That I am one the defendant in the above-entitled case.
2. That I have caused the preparation of the foregoing
Answer.
3. That Ihave read and understood the contents thereof and
all are true and correct to the best of my personal
knowledge and information.
FELINDA F. MOJE
Defendant
Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2005.
Copy furnished:
Atty. PATRICIO L. BONCAYAO JR
Counsel for Plaintiffs
2Fl. Ancestry Bldg., Rotonda, Alabang Muntinlupa City
Page 5
COMPLIANCE
(With Sections 2, 4, 5, and 7, Rule 13
of the 1997 Rules of Civil Procedure)
and
EXPLANATION
(Pursuant to Section 11, same Rule 13)
Undersigned counsel, hereby respectfully states that copies of this
ANSWER WITH COUNTERCLAIM was served by registered
mail to the counsel for the plaintiff at his address in the plaintiffs
Complaint.
By depositing copies thereof on SEPTEMBER __, 2005 in the
post office of Muntinlupa City, as evidenced by Registry Receipts No.
______________ hereto attached and indicated after the name of the
addressee and with instruction to the postmaster to return the mail to
the sender after ten (10) days if undelivered.
LUIS C. BUCAYON II
ANSWER W/ COUNTERCLAIM
DEFENDANT, through the undersigned counsel, unto this Honorable
Court, most respectfully avers, that:
1. The defendant admits paragraph 1 of the plaintiffs complaint in so far
as defendants personal circumstances and denies plaintiffs personal
circumstances for lack of knowledge sufficient to form a belief as to the truth of
the allegations thereof.
2. The defendant denies paragraph 2 of the plaintiffs complaint for the
said lot wherein the house of the defendant was erected is under the
transmission lines of the National Power Corporation and in so far as the
defendant is concern is owned by the government a public land.
3. The defendant denies paragraphs 3 and 4 of the plaintiffs complaint for
lack of knowledge sufficient to form a belief as to the truth of the allegations
thereof. The truth of the matter is that pleaded in the special and affirmative
defenses.
4. The defendant denies paragraph 5 of the plaintiffs complaint for lack of
knowledge sufficient to form a belief as to the allegations thereof. The plaintiff
never talked to the defendant sometime in the month of July of this year.
5. The defendant denies paragraph 6 and 7 of the plaintiffs complaint for
the defendant did not received any demand letter from the plaintiff and there is
no contract of lease between plaintiff and defendant. The truth of the matter is
that pleaded in the special and affirmative defenses.
6. The defendant denies paragraph 8 and 9 of the plaintiffs complaint for
lack of knowledge sufficient to form a belief as to the truth of the allegations
thereof. Besides, it was the plaintiffs fault of filing this baseless and unjustified
action.
SPECIAL AND AFFIRMATIVE DEFENSES
Defendant incorporates by way of reference all the foregoing averments
and by way of special and affirmative defenses, further alleges, that:
8. The defendants house was erected on the subject lot under the
transmission lines of the National Power Corporation since sometime in 1986 for
no one owns and claims the said property since it is along the path of the tower
and transmission lines of the said entity. Then by the year 1987 a certain Aling Fe
Noble claims to have right over the property and demanded for payment for the
use of the subject lot wherein defendant by force of circumstances acceded to
pay a minimal rental to the former. Thereafter during the year of 1987 ensuing
years, Aling Fe Noble regularly collect the payment for the use of the said lot until
sometime in the year of 1999 the said Aling Fe Noble no longer appeared to
collect payments. Then the defendant heard news that Aling Fe Noble had
already died and no one appeared to claim any right over the subject lot.
9. It is not true that defendant lease the subject lot to the plaintiff and he
never paid to the plaintiff any fixed monthly rental since at the incessant of the
defendants occupation of the subject lot, he never knew nor see the plaintiff. In
fact, plaintiff never knew the exact date how and when defendant came into
possession of the lot as this is not stated in his complaint. There is no contract
whatsoever between plaintiff and defendant that the former will no longer collect
any rentals to the latter under the express condition that the property will be
return to plaintiff if he needed it. There is no gratuitous contract of lease that
exists between plaintiff and defendant.
VERIFICATION
I, the undersigned, under oath hereby state and depose:
Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2004.
Copy furnished:
Atty. Leopoldo J. Valcarcel, Jr.
Counsel for Plaintiffs
Sibulo Subdivision II
San Pedro, Laguna 4023
COMPLIANCE
(With Sections 2, 4, 5, and 7, Rule 13
of the 1997 Rules of Civil Procedure)
and
EXPLANATION
(Pursuant to Section 11, same Rule 13)
Undersigned counsel, hereby respectfully states that copies of this
pleading was served by registered mail to:
Atty. Leopoldo J. Valcarcel, Jr.
Sibulo Subdivision II
San Pedro, Laguna
By depositing copies thereof on November ___, 2004 in the post office of
Muntinlupa City, as evidenced by Registry Receipts No. ______________ hereto
attached and indicated after the name of the addressee and with instruction to
the postmaster to return the mail to the sender after ten (10) days if undelivered.
The mode of service by registered mail, instead of personal service was
resorted to because of lack of personnel to effect personal service thereof.
LEONCIO D. SUAREZ, JR.
2.