Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 32
Dumaguete City

Juan Tamad,
Plaintiff,
Civil Case No.________
versus
For: ACCION PUBLICIANA
Maria Bulay-og,
Defendant.

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ANSWER WITH COUNTERCLAIM

Defendant, Maria Bulay-og, through the undersigned counsel, to this Honorable Court,
respectfully states that:

I. ADMISSIONS

1.1 The defendant admits the allegation in paragraph 1 of the Complaint in so far as it relates to
her personal circumstances except the allegation as to her civil status;

1.2 Defendant also admits the allegation in paragraph 4 of the Complaint but only as to the fact
that plaintiff did not reside on the subject property;

II. SPECIFIC DENIALS

2.1 The allegation in paragraph 1 of the Complaint relating to defendant's civil status is denied.
Defendant, Maria Bulay-og is single.

2.2 Defendant also denies the allegations in paragraph 1 of the Complainant relating to the personal
circumstances of the plaintiff are denied for lack of knowledge or information sufficient to form a
belief as to the veracity thereof;

2.3 The allegations in paragraphs 2 and 3 of the Complaint that the plaintiff is the absolute and
registered owner of the subject lot situated in Bagacay, Dumaguete City, Negros Oriental, are strongly
denied. The truth of the matter is found in the affirmative defenses found hereunder;

2.4 All the other allegations in paragraph 4 of the Complaint are denied for lack of knowledge or
information sufficient to form a belief as to the veracity thereof;

2.5 The defendant strongly denies the allegations in paragraphs 5,6,7,8,9, and 10 of the
Complaint. The truth of the manner is found in the affirmative defenses found hereunder;
2.6
2.6 The defendant strongly denies the allegations in paragraphs 11, 12, and 13 of the Complaint not
only for lack of knowledge or information sufficient to form a belief as to the veracity thereof but also
for being distorted conclusions of facts and law;

III. AFFIRMATIVE DEFENSES

In support of their DENIALS, the defendant asserts the following affirmative defenses:

3.1 The present case is a clandestine attempt on the part of the plaintiff to gain possession of property
through judicial fiat the actual possessor and owner thereof being defendant Maria Bulay-og. The
subject property, Lot No. 20, situated in Bagacay, Dumaguete City, Negros Oriental, covered by OCT.
No. 1122 has been the subject of a Kasulatan sa Pagbligya sa Yuta between Pedro and Juana Tamada,
plaintiff's parents, and Mario and Juanita Bulay-og, defendant's parents, dated August 8, 1952, hereto
attached as Annex 1.

3.2 Proof of the genuiness and due execution of such Kasulatan sa Pagbaligya sa Yuta of Lot No. 20
are the following:

a. Sworn statement of Ms. Maria Junriza S. Cimeni, hereto attached as Annex 2, stating that she was
present when the sale took place and that she also signed as witness to the Kasulatan sa Pagaligya sa
Yuta notarized by Atty. Primitivo Ruiz, with document no. 25, page no. 5, book no. X, series of 1952;

3.3 Sometime in 1953, a small house was built where defendant and her family, together with a cousin,
Marvilia Serna, Lived until Mario and Juanita Bulay-og died in March and November 1980,
respectively.

3.4 In 1984, Maria went to Manila to work and left the property under the care of her cousin, Marvilia
who later on married a neighbor, Kristiano Cruz. They lived in the adjoining lot of Lot No. 20.
Marvilia's Sworn Statement is hereto attached as Annex 3;

3.5 In 1981, Maria Bulay-og came home to Bagacay, Dumaguete to settle permanently. Planning to
rebuild their house for her and her family, she applied for the issuance of a building permit from the
City of Dumaguete. Such Building permit is hereto attached as Annex 4;

3.6 Since 1986, Maria Bulay-og and her family have been in peaceful and undisturbed possession and
occupation of the land. It was only in April 2014, that plaintiff, Juan Tamad, suddenly claimed
ownership over the said lot.

3.7 Other relevant documents supporting defendant's claim of ownership and lawful occupation over
the subject property include the following;

a. A certification issued by the City Treasurer, Mr. Marquel Peonila, stating that the realty taxes over
the subject property under the name of Mario Bulay-og have been paid by the couples for the years
1952 to 1980 and by herein defendant, Maria Bulay-og for the years 1981 to 2016. Such certificate is
hereto attached as Annex 5

b. Real property tax receipts for the years 2014 to 2016 are also hereto attached as Annexes 6, 7,
and 8;

3.8 In view of the overwhelming and unequivocal evidence presented above, showing that the plaintiff
has lost ownership of Lot No. 20 Psu-01-23-456789 by virtue of a Deed of Absolute Sale executed by
him in favor of the defendant, and that plaintiff deliberately, and without just cause, refused to deliver
the OCT over the said, his complaint for accion publiciana is preposterous, hence can never prosper.

IV. COMPULSORY COUNTERCLAIM

The defendant replead the foregoing recitals by way of reference;

4.1 The filing of this case clearly baseless and malicious. For such reason, the defendant and her family
has suffered mental anguish, sleepless nights, serious anxiety and other similar injuries. The plaintiff
must then be held liable to indemnify them the amount of Fifty Thousand Pesos (Php 50,000.00) by
way of moral damages;

4.2 By reason of the filing of this malicious and baseless complaint, the defendants were compelled to
engage the services of the undersigned counsel for a stipulated amount of Forty Thousand Pesos
(P40,000.00) as attorney's fee and an appearance fee of Two Thousand Five Hundred Pesos (P2,500.00)
per hearing for which they should be reimbursed by the plaintiff;