REPUBLIC OF THE PHILIPPINES

IN THE REGIONAL TRIAL COURT OF BAGUIO CITY

BRANCH 7

JOSE RIZAL,
Plaintiff, CIVIL CASE No. __________

-versus- FOR: QUIETING OF

TITLE

ANDRES BONIFACIO,
Defendant.
x----------------------x

ANSWER WITH COUNTERCLAIM

Defendant, through the undersigned counsel, most

respectfully files his answer in response to the Complaint of
the Plaintiff and interposes as well his counterclaim against
the latter, to wit:

1. The complaint filed by the Plaintiff is nothing but a

malicious action to deprive the Defendant of his rightful
and legal claim of possession and ownership of the
subject lot;

2. On April 1, 1990, the 728 SQM parcel of land was the

subject of a conditional sale, with consideration
amounting to P436,800, payable by monthly
installment within 1 year starting May 1, 1990. It was
stipulated that a 20% down payment of the purchase
price of the amount P87, 360 shall be paid on or before
April 20, 1990. Moreover, provided in the contract is the
transfer of ownership only upon faithful fulfillment of all
the conditions set forth in the said contract of sale,
herein attached as ANNEX 1. It was also stipulated that
should the vendee fail to pay for three consecutive
installments, the contract of sale will be automatically
rescinded;

3. Plaintiff was able to pay the P87,360 down payment on

April 15, 1990, as evidenced by an Acknowledgment
Receipt received by ANDRES BONIFACIO, herein
attached as ANNEX 2;
4. Jose Rizal was also able to pay the monthly installments
of P29, 120 from the months of May to June, 1990,
herein attached as ANNEX 3. However, beginning July,
1990 up to May 1, 1991, plaintiff failed to pay his
obligations;

5. As such, first, oral demands were repeatedly made

monthly since July, 1990 by Defendant after the failure
of Plaintiff to pay the monthly installments for July to
September, 1990;

6. Despite the repeated demands, Plaintiff failed to

comply with his obligations. As a result of the said
failure, demand letters were made and sent to Plaintiff;

7. The first demand letter was given on the fourth (4 th)

month of failure to pay, October 6, 1990, herein
attached as ANNEX 4;

8. The Plaintiff still failed to pay despite the first demand

letter, thus, defendant sent the second demand letter
on November 10th, 1990, the fifth (5th) month of the
Plaintiffs failure to pay his obligation, herein attached
as ANNEX 5;

9. On December 15th, 1990, the defendant sent a letter

informing the Plaintiff regarding the automatic
rescission of the contract of sale upon his failure to
comply with the obligations to pay, for five (5)
consecutive months, as shown in ANNEX 6;

10. The Transfer Certificate of Title (TCT) No. T-40742

was obtained through forgery, the same being the
product of a fictitious and simulated transaction as
when the Original Certificate of Title under the name of
ANDRES BONIFACIO was cancelled without the
knowledge of herein defendant;

11. The defendant most respectfully submits that the

Plaintiff has no cause of action in instituting the
complaint for quieting of title nor is there a need to
remove cloud of title.
 PRAYER

WHEREFORE, in view of the foregoing, defendant prays

for the dismissal of the complaint and nullification of TCT No.
T-40742.

Baguio, City, April 17, 2017

ATTY. ROCHELLE NERIE SERIDON BAEZ

No. 19, Puso ng Baguio Bldg., Session Rd., Baguio City
PTR No. 7891012 ; 01/12/2017
Lifetime Membership No. 07121993; 06/17/16
Roll No. 87756
PTR No. 78912 ; 01/03/2017 ; Baguio City
MCLE Compliance Cert. No. V0003687

Copy furnished:
AYANGWA FRANCIS MACLIING CLAVER
Notarial Appointment No. 26-NC-17-R
Notary Public for Baguio City Until December 31, 2018
1 G/F Laperal Building, Session Road, Baguio City
Roll of Attorneys No. 43004
P.T.R. No. 2955577; January 1, 2017; Baguio City
I.B.P. Lifetime Member No. 04371