Answer-to-complaint-declaration-nullity-of-tct.docx

Republic of the Philippines REGIONAL TRIAL COURT Second Judicial Region Branch _____, Aparri, Cagayan

JUNIOR DELA CRUZ, Plaintiff, Civil Case No. _____________ - versus For: Nullity of Title THIM MCKEY BANK, Defendant, x-----------------x

ANSWER WITH COUNTERCLAIM Defendant THIM MCKEY BANK, by counsel and unto this Honorable Court, most respectfully states and avers that:

Admissions and Denials 1. Defendant specifically denies contents in paragraph (1) in so far as plaintiff’s declaration as sole legal heir, for the reason stated in the Affirmative Defenses below; 2. Defendant admits contents in paragraph (2) where it states that it is the successor-in-interest of Pheening de Garcia Bank of Caramagui; 3. Defendant denies the reservations presented in paragraph (3) since plaintiff failed to establish his ownership over the said property. He did not aver possession over the property and make merits to make the property his own; 4. The Defendant admits the allegation presented in the paragraph (4); 5. Defendant denies paragraphs (5), (6), (7) and (8), plaintiff presented machine copies of the said documents and failed to present the original copies of Certificate of Sheriff’s Sale, Certificate of Title P67833 and TCT no. 127066, respectively. And under paragraph (5), plaintiff failed to prove that Sheriff Burias Burye was indeed an Ex Oficio provincial sheriff and also failed to show any signature made by our authorized representative and Sheriff Burye in the alleged Page 1 of 6

extrajudicial foreclosure sale. With regard to the transfer certificate, plaintiff failed to establish that the documents were falsified and also failed to present the original copy; 6. The defendant denies the allegation presented in paragraphs (9) and (10). No letter was sent out by our managing director. The transfer certificate title was already in our possession when the mortgage was executed as collateral for the loan granted to Senior Dela Cruz. No original copy was presented by the plaintiff; 7.

The defendant admits contents of paragraph (11);

8. The Defendant denies the allegation presented in paragraph (12). The letter presented by the plaintiff was not the original copy and has not established whether the letter was signed by our Vice President or Vice Manager. This raises a doubt that the plaintiff was not sure on the identity of the officer since it was not named in the complaint. The plaintiff is creating webs of doubtful stories to blacken our reputation; 9. The Defendant vehemently denies the allegation in the paragraphs (13), (14), (15) and (16). The plaintiff has no proof that the real property mortgaged to the defendant was part of a homestead patent, only immaterial allegations without any ground; 10. The defendant denies the allegations present in paragraphs (17) and (18). Again, defendant reiterates that plaintiff has no proof that the real property mortgaged to the defendant was part of a homestead patent. These are conclusions of law or facts which should not be alleged in the complaint. Only ultimate facts should be alleged in the pleadings; 11. The defendant strongly denies the allegations on paragraphs (19), (20), (21), (22), (23), (24), (25), (26) and (27). These are all erroneous and premature conclusions of law made by the plaintiff. Only ultimate facts should be alleged in the pleadings; 12. Paragraphs (28), (29) and (30) were all denied by the defendant for it was conclusive and should not have been pleaded in the complaint. The plaintiff makes conclusions based on existing laws and improperly implicates the defendant as a violator of such laws without presenting proper evidence; Page 2 of 6

13. Paragraph (31) is also denied by the defendant, the plaintiff does not have legal standing to claim for the remedy of injunction and to ask for the nullity of the foreclosure sale without first establishing his right to ownership of the subject property; and 14. The Defendant denies the allegations presented in paragraphs (32), (33), (34), (35), (36), (37), (38), (39), (40), (41) and lastly (42). Again, the plaintiff erroneously concluded baseless allegations against the defendant using words of law without presenting the proper Ultimate Facts needed. And again, defendant denies it strongly since plaintiff failed to present original Certificate of Sheriff’s Sale and also failed to show that it was signed by both the authorized representative of the bank and the alleged sheriff.

Affirmative Defenses 15. Defendant reiterates, repleads and incorporates by reference all the foregoing in so far as they are material and additionally submit that the Complaint should be dismissed because:

15.1 Plaintiff has no legal capacity to sue since he failed to attach an authenticated birth certificate to establish his status as heir thus failing to establish his right as an heir and owner of the subject property; 15.2 The complaint states no cause of action for failure to establish the right of the plaintiff thus, accordingly, no right has been violated; and 15.3 The complaint lacks the required Verification and Certification Against Forum Shopping.

Counterclaims 16. Defendant reiterates, repleads and incorporates by reference all the foregoing in so far as they are material and additionally submit that it is entitled to relief arising from the filing of this malicious and baseless suit, as follows:

16.1 Moral damages amounting to One Million Pesos (Php 1, 000, 000.00) because its name and reputation has been besmirched by this malicious and baseless suit;

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16.2 Attorney’s fees amounting to Fifty Thousand Pesos (Php 50, 000.00) because it was compelled to secure services of counsel to vindicate its rights. Prayer 17. Wherefore, premises considered, it is respectfully prayed that this honorable court render judgement as follows: 17.1 Dismiss the complaint due to the lack of Certificate of Non Forum Shopping; 17.2 Dismiss the compliant due plaintiff has no legal capacity to sue;

17.3 Dismiss the complaint due to lack of cause of action; 17.4 Order the plaintiff to pay to defendant moral damages of One Million Pesos (Php 1, 000, 000.00); 17.5 Order the plaintiff to pay the defendant bank’s attorney’s fees of P 50, 000 and P 5, 000 for appearance and damages; and 17.6 Grant such other relief consistent with the law and equity and for the cost.

Tuguegarao City, October 1, 2018. ATTY. SUNGGOTI MAKABASA Counsel for the Defendant 02 Damilig Street, Murusa, Puontisaba PTR no. 9876543/ 11-01-2011/ Puontisaba IBP LRN 02222/10-31-2009/ Diaybakir Roll no. 13579 MCLE Exemption no. III-00246 Mobile no. 0912-3456-789

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Copy furnished : ATTY. MAKAULAW Counsel For The plaintiff CSU Andrews Campus Tuguegarao City Explanation Copy of this foregoing ANSWER was served to the plaintiff’s counsel by registered mail due to time and distance constraint and for the lack of the undersigned’s staff who can serve the same in person. VERIFICATION AND CERTIFICATION OF NON – FORUM SHOPPING REPUBLIC OF THE PHILIPPINES) Province of _______Cagayan_____________) S.S. City/Municipality of ____Puontisaba_________) x-----------------------x I, __Chim Panzee___________, of legal age, Filipino, married, and a resident of ______Diaybakir_______, Philippines, after being sworn in accordance with law, hereby depose and say: That I am the Defendant in the above-entitled case; That I have caused the preparation of the above answer and I have read the same and knows the contents thereof; That the allegations contained therein are true and correct of my own personal knowledge. That I further certify that: (a) I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hand this _______23RD of September___2018___ at ___Puotisaba__________, Philippines. Chim Panzee affiant Page 5 of 6

SUBSCRIBED AND SWORN to before me, this _____23rd of September 2018________, by ______Chim Pamzee_______ who exhibited to me his Community Tax Certificate No. ____8976874634_________ issued at ___ Diaybakir__________, Philippines.

Atty. Mon Key B. Usiness Notary Public Until December 31, 2019 Ptr no. 987860246/01-022003/ Puotisaba Roll no. 98767/11-12-1999/ Adusunngo

Doc. Nos. __7____; Page Nos. _7_____; Book No. ___7___; Series of __2018____;

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