Republic of the Philippines

Eleventh Judicial Region

2ND MUNICIPAL CIRCUIT TRIAL COURT
OF MALUNGON-ALABEL
Alabel, Sarangani Province

ANNABELLE T. ORTEGA, CIVIL CASE NO. 17-120

Plaintiff,
-for-
-versus-
FORCIBLE ENTRY, DAMAGES,
PACIFICO M. LICERA and ATTORNEY’S FEES WITH PRAYER
REY LICERA alias TOTO, FOR TEMPORARY RESTRAINING
Defendants. MANDATORY AND WRIT OF PRE-
LIMINARY MANDATORY AND PRO-
HIBITORY INJUNCTION
X- - - - - - - - - - - - - - - - -X

AMENDED ANSWER

COME NOW Defendants Pacifico M. Licera and Rey Licera,

through counsel from the Public Attorney’s Office, and unto this Honorable
Court, most respectfully state that:

1. Defendants received the summons on June 20, 2017 requiring them Commented [M1]:

to file their Amended Answer to the Amended Complaint;

2. Defendant Pacifico M. Licera is of legal age, married (hereinafter

referred to as Pacifico for brevity) while defendant Rey Licera is also
of legal age, married (hereinafter referred to as Rey for brevity),
both are residents of Kityan Gamay, Malungon, Sarangani Province
where they can be served with summons and other judicial
processes;

3. Defendants deny paragraph 1 of the complaint for want of

knowledge as to the personal circumstances of the plaintiff;

4. Defendants admit paragraph 2 of the complaint;

5. Defendants deny paragraph 3 of the complaint as the truth is that
they did not enter the land in an unlawful manner;

6. Defendants admit paragraph 4 of the complaint;

7. Defendants deny paragraph 5 of the complaint as the truth is that

they did not obtain an additional loan of One Hundred Fifty
Thousand Pesos (P150, 000.00) but said amount reflected in the
Deed of Real Estate Mortgage was the total amount of loan obtained
by Pacifico. The two (2) loans previously obtained by Pacifico
on June 26, 2006 and January 14, 2011 executed in two (2)
separate instruments were merely consolidated in one (1)
instrument on April 05, 2011. (Emphasis supplied) All of these
instruments were executed in the presence of Barangay Officials
who also corroborated that the defendants only obtained
P150,000.00 and 1.5 hectare land as a security. Attached herein is
the Certification issued by the Office of the Punong Barangay as
Annex “1”;

8. Defendants deny paragraph 6 of the complaint as the truth is that

Pacifico does not own 3 hectares of land but only 1.5 hectares. The
complainant cannot even show a proof as regards with their claim
that I own a 3 hectare land because the truth is I only own 1.5
hectares of land as evidenced by Transfer Certificate of Title No. T-
2144 as Annexes “2” and “2-A” and Subdivision Plan of Lot 679
Pls-219 as Surveyed for Roberto V. Ricoperto, et. al. as Annex “3”
;

9. Defendants further deny the remaining paragraphs of the complaint

for being false;

By way of special and affirmative defenses, defendants

aver that:

10. Pacifico is among the beneficiaries of Department of Agrarian

Reform (DAR) and was awarded a parcel of agricultural land
 situated in Poblacion, Malungon, Sarangani Province containing an
area of 1.5 hectares, more or less, as his share. Attached is a
machine copy of the Transfer Certificate of Title No. T-2144 marked
as Annex “1” and made an integral part of this pleading;

11. On June 26, 2006 Pacifico mortgaged one (1) hectare of the
above-mentioned 1.5 hectares property to Anabelle Ortega
(hereinafter referred to as plaintiff) as security for a loan in the
amount of Eighty Thousand Pesos (P80,000.00) to be paid after five
years or on June 26, 2011;

12. On January 14, 2011, while the loan was not yet paid, Pacifico
asked for an additional loan in the amount of Seventy Thousand
Pesos (P70,000.00) with the remaining .5 hectares as security.
Hence, the total amount of loan was One Hundred Fifty Thousand
Pesos (P150,000.00) with the 1.5 hectares of land used as security;

13. On April 05, 2011 Pacifico and plaintiff agreed that the whole
amount of One Hundred Fifty Thousand Pesos (150,000.00) will be
embodied in one document so that the terms of the contract state
that the mortgage has a period of five years or from April 05, 2011
(not January 14, 2011, the date Pacifico received the amount of
P70,000.00 additional loan from plaintiff) to April 05, 2016;

14. In April 2016 the sugar cane planted by plaintiff was not yet due
for harvest until May. On May 03, 2016 Rey went to the house of
plaintiff in order to pay the loaned money in the total amount of
One Hundred Fifty Thousand Pesos (P150,000.00) but Rey was
surprised upon being told by plaintiff that the total amount of loan
was Three Hundred Thousand Pesos (P300,000.00) and not One
Hundred Fifty Thousand Pesos (P150,000.00);

15. Due to plaintiff’s baseless insistence that the total loan was Three
Hundred Thousand Pesos, Pacifico and Rey lodged the matter
before the barangay office. At the said office, plaintiff insisted that
the additional P150,000.00 is covered by security of the upgrade
portion of the land already mortgaged to her to which Pacifico
denied as the truth is that he has no other land except the 1.5
 hectares awarded by the DAR which was already used as security
for the P80,000.00 and P70,000.00 or a total of P150,000.00 loan;

16. Defendants tendered the amount of P150,000.00 to plaintiff but

the latter would not accept the same so that defendants decided to
deposit the money with the barangay but the latter refused to
accept it;

By way of counterclaim, defendants allege:

17. As a result of the baseless complaint filed by the plaintiff herein

defendants experienced sleepless nights, mental anguish and
serious anxiety to which they must be awarded the amount of
P30,000.00 as moral damages;

18. By way of example or correction for public good, plaintiff must

be made to pay defendants the amount of P10,000.00 as exemplary
damages;

19. Fare and other litigation expenses in the amount of P3,000.00.;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that

the complaint be dismissed and that plaintiff be ordered to pay defendants
the following:

1. The amount of P30,000.00 as moral damages;

2. The amount of P10,000.00 as exemplary damages;

3. The amount of P3,000.00 for fare and other litigation expenses.

Other relief just and equitable under the premises are likewise prayed
for.
 Alabel,Sarangani Province, June 29, 2017.

RESPECTFULLY SUBMITTED:

PUBLIC ATTORNEY’S OFFICE

Department of Justice
Sarangani District Office
Alabel, Sarangani Province

BY:

REBECCA L. FLORES-PALACIO
Public Attorney II
Roll of Attorney No. 51940
MCLE Compliance No.
V-0023879/Issued on 09/27/
and Valid Until
04/14/19
Email Add: rpalacio45@gmail.com

And

SALVADOR G. TALAMAYAN
District Public Attorney

VERIFICATION AND CERTIFICATION

WE, PACIFICO M. LICERA AND REY LICERA, after having been

duly sworn to in accordance with law, do hereby depose and say:

1. That we have caused the preparation and filing of this Answer;

have read and understood the same contents therein are true and
correct of our own knowledge and belief;
 2. That we have not theretofore commenced any action or filed any
claim involving the same issue in any court, tribunal or quasi-
judicial agency and, to the best of our knowledge, no such other
action or claim is pending therein;

3. That if we should thereafter learn that the same or similar action

or claim has been filed or pending, we shall report that fact within
five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, we have hereunto set our hands this 30th

day of June 2017 at Alabel, Sarangani Province.

PACIFICO M. LICERA REY LICERA

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 30th day of June

2017 at Alabel, Sarangani Province.

REBECCA L. FLORES-PALACIO
Public Attorney II

EXPLANATION: Service of the foregoing Answer to the Counsel for the

Plaintiff was made through registered mail due to distance, manpower and
time constraint.

REBECCA L. FLORES-PALACIO

Cc:
Atty. Miguel D. Escobar
Block 5 Extension, Dadiangas Heights Subdivision
Brgy. City Heights,
General Santos City