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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


TACLOBAN CITY
BRANCH 1

CYRIL GO, In His Capacity as Heir of Pedro and CIVIL CASE NO. 98765
Maria Go, and Attorney-In-Fact of Abe Go, Bill
Go, Dale Go, Earl Go, Fil Go and Gil Go
FOR: UNLAWFUL

Plaintiffs, DETAINER

Spouses Paul and Diana Jean Sandoval

Respondents.

x---------------------------------------------------x

ANSWER
(In re: Summons, Received on
Jan 14, 2015)

The DEFENDANT Sps. Paul and Diana Jean Sandoval, by counsel, respectfully states:

I. ANSWER

1. Paragraphs 1 and 2 of the Complaint are admitted.

2. Paragraphs 2 to 6 of the Complaint are denied for lack of knowledge or information sufficient to
form a belief as to the veracity or falsity thereof, the allegations therein being matters known only
to, and are within the control only, of the plaintiff.

3. Paragraphs 7 to 9 of the Complaint are admitted.

4. Paragraph 10 to 17 of the Complaint are denied for lack of knowledge or information sufficient
to form a belief as to the veracity or falsity thereof, the allegations therein being matters known
only to, and are within the control only, of the plaintiff.

5. Paragraph 18 of the Complaint is denied for lack of knowledge and information sufficient to form
a belief as to the veracity or falsity of the alleged amounts of attorney’s fees agreed upon between
the plaintiff and her lawyer. The said paragraph is likewise denied insofar as it alleges that the
defendant has no basis or justification to occupy the subject property, the truth being those alleged
in the special and affirmative defenses part herein below.

II. SPECIAL AND AFFIRMATIVE DEFENSES

5. The title to and ownership in fee simple over the subject property is in the name of the Home
Development Mutual Fund (HMDF- Pag-IBIG), its registered owner, and not the plaintiff’s
parents. (See Annex “A”, Par. 3, Complaint).

6. The plaintiff’s parents are not “the owner” in fee simple of the subject property, contrary to her
allegation in Par. 3 of the Complaint.
7. The alleged Deed of Conditional Sale between the HMDF- Pag-IBIG and the plaintiff is not
annotated on the title on the property. (See dorsal side of the title of the property, marked as Annex
“A”, Par. 3, Complaint).

8. Although the HMDF- Pag-IBIG has given the plaintiff’s parents the right of possession of the
property under Par. 4 © of the Deed of Conditional Sale (Annex “B”, Par. 4, Complaint), the
plaintiff’ parents knew or was supposed to know or was deemed by law to be obligated to know
and to investigate the fact that at the time of their purchase of the property, the Puroginto Family
were in possession of the property and that it had a vested, beneficial and equitable right thereto
by reason of Memorandum of Agreement (MOA) executed in 1950 between its original purchaser
Silvester Tatlong Hari, represented by Diamante Tatlong Hari, on the one hand, and the matriarch
of the Puroginto Family, i.e., Perlas Puroginto, on the other.
A copy of the said MOA is attached as Annex “1”.
A copy of the Special Power of Attorney of Silvester Tatlong Hari (1950) is attached as Annex
“2” hereof.

9. Since 1950 up to the present time, the Puroginto Family has been in possession of the subject
property by reason of the said MOA. This fact was known to plaintiff’s parents when she
investigated the background property until the time she closed her purchase thereof with the
HMDF- Pag-IBIG. There is no proof that plaintiff’s parents had reported the real situation of the
property to the HMDF- Pag-IBIG for a solution or amicable settlement between the parties prior
to her purchase thereof. Likewise, the HMDF- Pag-IBIG did not send any investigator to
investigate the situation of the property prior to and at the time of its sale to the plaintiff’s parents.
It did not issue any formal notice to the defendant or the Puroginto Family about the impending
attempt of the plaintiff’s parents to purchase the property. Had the Puroginto Family been notified
thereon, they would have taken urgent steps to acquire the same instead of the plaintiff’s parents.

10. In 2002, Sps. Puroginto, the parents of the herein defendant Diana Jean P. Sandoval,
executed a Special Power of Attorney in favour of the herein defendant, a copy of which is marked
as Annex “3” hereof.
11. The defendant had answered the demanded letter, dated October 11, 2014, of the plaintiff through
a letter, dated October 14, 2014, of defendant’s counsel, a copy of which is attached as Annex “4”
hereof. It requested plaintiff’s lawyer for a special conference to discuss a serious extrajudicial
compromise, without admission of guilt on the part of the defendant. It was not formally answered
by the plaintiff.

12. HMDF- Pag-IBIG is an (if not “the”) indispensable party in the suit being the registered owner in
fee simple of the subject property. The ownership rights of plaintiff under her unannotated Deed
of Conditional Sale with the HMDF- Pag-IBIG are merely inchoate and contingent. The Complaint
shows no Board Resolution from the Board of Trustees of the HMDF- Pag-IBIG empowering the
plaintiff to sue the defendant in behalf of the HMDF- Pag-IBIG in the instant case.

III. COMPULSORY COUNTERCLAIM

13.By reason of the abuse of right committed by the plaintiff and by reason of the instant precipitate
and unfounded suit, the defendant was constrained to hire the services of a lawyer to defend their
rights and interests for a professional fee of P20,000.00 plus P3,000.00 per court appearance;

14. Similarly, the plaintiff’s unfounded suit has caused the defendant mental anguish and suffering
and public humiliation and embarrassment, for which the defendant claims moral damages of
P100, 000.00.

IV. PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the parties be given


ample time to reach an amicable settlement before the Tacloban City Mediation Center; and that
in case of a failure thereof, and after trial, the complaint be dismissed for lack of merit and the
defendant’s compulsory counterclaim be granted, i.e... Attorney’s fees of P20, 000.00 plus moral
damages of P100, 000.00, plus costs of suit.
The defendant respectfully prays for such and other reliefs as may be deemed just and
equitable in the premises.
Tacloban City, January 18, 2015.

OCANADA-BUATIS LAW OFFICE

Counsel for the Plaintiff

1000 Richcon Building

Sagkahan St., Tacloban City

By:

NANCY OCANADA BUATIS

Notary Public until December 31, 2016

Tacloban City, Leyte/ NC No. 1998-01-01

1000 Richcon Building Sagkahan St., Tacloban City

IBP No. 67890/1-0001/Tacloban City

PTR No. 789101/1-01-01/Tacloban City

Roll of Attorney’s No. 887654/ April 15, 2014


VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines)


City of Tacloban ) S.S.

We, Sps. Paul and Diana Jean Sandoval, of legal age, Filipino citizen, and residents of
H.V. Dela Costa St., Salcedo Village, Tacloban City, after having been duly sworn to in
accordance with law do hereby depose and say:

1. That we are the plaintiff in the above-entitled case;

2. That we have caused the preparation of the foregoing complaint and have read the
allegations contained therein;

3. That the allegations in the said complaint are true and correct to the best of our own
knowledge and authentic records;

4. That we have not commenced any other action or proceeding involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other
action or claim is pending therein;

5. That if we should learn thereafter that a similar action or proceeding has been filed or is
pending, we hereby undertake to report that fact within five (5) days therefrom to the court
or agency where the original pleading and sworn certification contemplated herein have
been filed;

6. We executed this verification/certification to attest to the truth of the foregoing facts and
to comply with the provisions of Adm. Circular No. 04-94 of the Honourable Supreme
Court.

IN WITNESS WHEREOF, we have hereunto affixed my signature this 13th of January 2015,
in the City of Tacloban.

SUBSCRIBED AND SWORN to before me this 13th day of January 2015, in the City of
Tacloban, affiant exhibiting to me his and her Driver’s License No. 555666 and 777888,
respectively issued by the Land Transportation Office on April 13, 2014 at the City of Tacloban.

NANCY OCANADA BUATIS

Notary Public until December 31, 2016

Tacloban City, Leyte/ NC No. 1998-01-01

1000 Richcon Building Sagkahan St.,Tacloban City


IBP No. 67890/1-0001/Tacloban City

PTR No. 789/1-01-01/Palo, Leyte

Roll of Attorney’s No. 987654/ April 15, 2014

Doc. No. ________


Page No. _______
Book No. _______
Series of 2015.

Cc :

Atty. DIANA JEAN A. ALICER


Counsel for Plaintiff
Unit 123 Yutangco Building,
Gomes St., Tacloban City

COPY FURNISHED BY PERSONAL SERVICE to CYRIL GO, In His Capacity as Heir of


Pedro and Maria Go, and Attorney-In-Fact of Abe Go, Bill Go, Dale Go, Earl Go, Fil Go and
Gil Go with address of H.V. Dela Costa St., Salcedo Village, Tacloban City on January 21, 2015
10:00 a.m..