Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Region XII
City of Koronadal, South Cotabato

SULTAN DIMALILAY, ET. AL., CENRO CLAIM NO. __________

Petitioner, Lot No. 1, Swo-11-000117

- versus -

ROMIE D. UY and FELY A.

REYES,
Respondents.
X-------------------------X

ANSWER WITH SPECIAL AND

AFFIRMATIVE DEFENSES

Respondent Romie D. Uy, through the undersigned Counsel, unto this

Honorable Office, most respectfully states:

1. That he admits the allegations of paragraphs 1 and 2 of the Petition;

2. That he denies the allegations of paragraph 3, 4 and 5 of the

Petition for being without factual and legal basis. The truth being

are those alleged in his Affirmative and Special Defenses;

3. That Respondent admit the allegations of paragraph 6, 7, 8, 9 and

10 that the land was patented and titled in the name of the

Respondents by virtue of the Free Patent Application No. (XI-3)

12467 dated August 27, 1977 and for which Free Patent No. (XI-3_

8202 was issued dated January 30, 1979 and ORIGINAL

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 CERTIFICATE OF TITLE NO. P-24522 was issued to Respondents

but deny for without factual and legal basis the rest of the

allegations in these paragraphs, the truth being are those alleged in

their Affirmative and Special Defenses;

AND BY WAY OF AFFIRMATIVE AND SPECIAL DEFENSES, the

Respondent most respectfully states:

1. He hereby repleads and incorporates as part of his Affirmative and

Special Defense, all the allegations in paragraphs 1 to 3 of his

Answer;

2. That this Petition is without factual and legal basis the truth being

that the issues raised in this instant case are mere products of

afterthoughts when the Petitioners were apprehended while

conducting slash and burn (kaingin method of farming) in the very

parcel of land owned by Respondent Romie D. Uy;

3. That as early as year 1945, the land subject of the dispute was

already possessed by Ventura Reyes, the father and predecessor in

interest of Fely A. Reyes and thereafter by the latter;

4. That on 27th August 1977, Ventura Reyes executed an Affidavit of

Transfer of Rights over said parcel of land in favor of the

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 Respondent Fely A. Reyes. Copy of the Transfer of Rights is hereto

attached Annex “1” to form part of this Answer;

5. On the same year 1977, Fely A. Reyes worked out for the Free

Patent over the same parcel of land. Copy of the Application for

Free Patent, B.L. Form No. (XI-3)12467, Notice of Application for

Free Patent, Affidavit of Fely A. Reyes as well as that of his witness

in support of his Patent Application are hereto attached as Annexes

“2”, “2-A”, “3”, “4” and “5”, respectively, to form part of this

Answer;

6. That subsequently said application for patent was approved and

thereafter a patent was issued in favor of Fely A. Reyes. Copy of

the order approving the Free Patent Application as well as the Free

Patent No. (XL-3) 8202 in favor of Fely A. Reyes are hereto attached

as Annexes “6”, “7”, “8”, “8-A, “8-B” and “8-C”, respectively, to

form part of this Answer;

7. Said parcel of land was later sold to Romie D. Uy one of the

Respondents in this case, and a TRANSFER CERTIFICATE OF

TITLE NO. T- 95558 was later issued in his favor. Copy of the

TRANSFER CERTIFICATE OF TITLE NO. T-95558 in favor of

Romie D. Uy is hereto attached as Annex “9”, “9-A” and “9-B”,

respectively to form part of this Answer;

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 8. That since time immemorial, Petitioners are not the possessors of

said parcel of land, and all allegations contained in their pleading

are pure fabrication if not false misrepresentations;

9. That the instant Petitioner being without factual and legal basis

should be dismissed outright.

WHEREFORE, premises considered, and in view of the foregoing

considerations, it is mot respectfully prayed that this instant Petition be

summarily dismissed for lack of merit.

City of Koronadal, South Cotabato, Philippines.

April 8, 2002.

MICHAEL A. IGNES
Counsel for the Respondent
Romie D. Uy
Rm. 1-A, 2nd Floor Supermart Building
City of Koronadal, South Cotabato
IBP NO. 498793-12/29/2001-GSC
PTR NO. 3783636-1/3/2002
City of Koronadal, South Cotabato