Beruflich Dokumente
Kultur Dokumente
JOSEFINA R. HERMOSA
Plaintiff,
1. Defendant received the copy of this complaint together with the summon of
this Honorable Court on July 23, 2019 and has until August 2, 2019 within
which to submit his ANSWER of this case.
7. The allegations in paragraphs 6-12 are hereby denied for lack of knowledge
or information that is sufficient to prove the truthfulness thereof. The herein
defendant reiterates that his house is located in Lot 14549 and not in Lot
14548;
9. Plaintiff claims that he owns Lot 1548 as stated in the Tax Declaration
declared in his name with an area of 3,204 square meters. However, in the
Deed of Absolute Sale that is attached in her complaint, her ownership is
limited only to ½ of Lot 14548;
10. In the same manner, the herein defendant is the owner of Lot 14549
where his house is located. He has a tax declaration of the lot where his
house is located and is declared under the name of his wife under Tax
Declaration No. 16322 with an area of 1,081 square meters. A copy of the
tax Declaration No. 16322 is hereby attached as Annex “1” and made an
integral part hereof;
11. Likewise, the herein defendant had made a relocation survey in his
lot through the Geodetic Engineer in the person of Atty. Reuel Pintor. The
relocation survey shows that the house of the herein defendant is located
inside his lot and not the lot of the plaintiff. A copy of the said sketch plan is
hereby attached as Annex “2”;
12. Moreover, the wife of the herein defendant had applied for a Free
Patent Application on his lot under FPA No. 072241-1975 and had been
granted with a free patent by the DENR-CENRO with Patent No. 3379323
under the name of his wife Evelyn Lopez. A copy from the Certification
from DENR-CENRO of Argao, Cebu is hereby attached as Annex “3” and
made an integral part hereof;
14. That even assuming that the herein defendant occupied the portion
3
of the lot of the plaintiff, still plaintiff could not eject or hold him and his
family to vacate their house because defendant is a builder in “GOOD
FAITH” and is guaranteed by the civil code of his right as a builder in good
faith particularly Art. 448 that states that:
“Art. 448. The owner of the land on which anything has been built,
sown or planted in good faith, shall have the right to appropriate as his own
the works, sowing or planting, after payment of the indemnity provided for
in Articles 546 and 548, or to oblige the one who built or planted to pay the
price of the land, and the one who sowed, the proper rent. However, the
builder or planter cannot be obliged to buy the land if its value is
considerably more than that of the building or trees. In such case, he shall
pay reasonable rent, if the owner of the land does not choose to appropriate
the building or trees after proper indemnity. The parties shall agree upon the
terms of the lease and in case of disagreement, the court shall fix the terms
thereof. (361a)”
COMPULSORY COUNTERCLAIM
PRAY E R
Such other relief and remedies as are just and equitable under the
circumstances.
COPY FURNISHED:
EXPLANATION: