Super-final-answer-annulment.docx

REPUBLIC OF THE PHILIPPINES 6th JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 31 Iloilo City NANCY BINAY Petitioner,

CIVIL CASE NO: 09-30308 FOR:

versus

-

VICTOR MAGTANGGOL, et al., Defendants. x-------------------------------------x

ANNULMENT of DEEDS of ADJUDICATION and SALE with CANCELLATION of TCT No. 239041

ANSWER COMES NOW, Defendants VICTOR MAGTANGGOL and ABBY BINAY, by the undersigned counsel, in the above-entitled case and before this Honorable Court most respectfully submits this ANSWER and aver that: STATEMENT OF THE CASE 1. This is a case for Annulment of Deed of Adjudication and Sale with Cancellation of TCT No. 239041founded allegedly on Plaintiffs’ claim of ownership over Lot 3571-C-1. Located at Poblacion, Sta. Barbara, Iloilo; 2. Defendants received a copy of the Complaint and Summons on November 10, 2018giving them until November 25, 2018 to file Defendant’s Answer. On November 23, 2018, however, the undersigned filed a Motion for Extension of Time before this Honorable Court and prayed for an extension of fifteen (15) days from November 25, 2018 or not later than December 9, 2018within which to file Defendant’s Answer; ADMISSIONS AND DENIALS 3. Defendants admit Paragraphs 1 and 2 of the Complaint in so far as the personal circumstances of the parties involved; 4. Defendants specifically deny paragraphs 4 to 17 of the Complaint. The truth of the matter are stated in the affirmative and special defense hereunder;

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5. Paragraph 5 of the Complaint is admitted with a qualification. Defendant Victor Magtanggol is the true and lawful registered owner of Lot No. 3571-C-1 situated in Brgy. Poblacion, Sta. Barbara, Iloilo containing an area of Three Hundred Seventy-Two (372) square meters and covered by Transfer Certificate Title No. T-239041, attached herewith as Annex “1”, the aforesaid of land was part of the inheritance of his sister Elenita Magtanggol Binay from their deceased parents Ernesto and Elaene Magtanggol. Elaene Magtanggol died first and following her death, Lot 3571-C was then registered as inheritance under the names of her remaining heirs – her surviving spouse ErnestoMagtanggol and her two surviving children Victor and ElenitaLot 3571-C was then registered in the names of all three heirs under TCT No. T-132-753, attached herewith as Annex “2”. The heirs then executed a subdivision agreement over Lot 3571-C where said lot was subdivided into three (3) parts: to Elenita Lot 3571-C-1 with an area of 372 sq. m was bestowed upon and the same was registered under TCT No. T-122393, attached herewith as Annex “3”, to Victor, Lot 3571-C-2 was given with an area of 372 sq. m.; and to Ernesto, it was Lot 3571-C-3 with an area of 371 sq. m. which was granted; 6. Paragraphs 6, 7, 8 are specifically denied since the sale that transpired between Elenita Magtanggol Binay together with Defendant Victor Magtanggoland Jojo Binay was valid. In 2007, when Elenita Magtanggol Binaybecame ill and consequently admitted to the hospital for several times. Defendant Victor Magtanggol provided for her medical and other basic needs such as her hospital bills, medications, and even paid for the salaries of her personal caregiver. Since Elenita Magtanggol Binayhad no other major financial resources and in order to support her medical expenses and other basic needs, Elenita sold her part of the inheritance to her brother Victor which was the parcel of land known as Lot No. 3571-C-1 and hence executed a Deed of Adjudication and Sale in favor of Defendant Victor. Such fact was properly documented with the Municipal Assessor’s Office of Sta. Barbara as evidenced by the Tax Declaration of Real Property, attached herewith as Annex “4”, issued by the aforesaid office under Property Index Number 041-42-001-18037. After the sale of the aforesaid Lot, Plaintiff Nancy Binay , daughter of Elenita, and her husband Leo Binay, pleaded with Defendant Victor Magtanggol to allow them to stay in the latter’s property since they were already staying prior to the purchase of the said aforesaid property in 2006, not by virtue of any title or contract, but merely upon the tolerance of the Defendant as Defendant was Plaintiff’s uncle; 7. Paragraphs 9, 10, 11, and 12 are also specifically denied. In 2008, Joanna sought to have the Deed of Adjudication and Sale annulled and TCT no. 239041 cancelled. This case for nullification of sale and cancellation of title was filed before Branch 31 of the Regional Trial Page 2 of 6

Court of Iloilo City and docketed as Civil Case No. 09-30308. In the complaint of the said case, Elenita sought to have the Deed of Sale annulled due to the absence of the written consent and conformity of her children including herein Plaintiff Nancy Binay and herein Defendant Abby Binay. However, it is worthy of note that when Elenita executed the Deed of Sale in favor of Defendant Victor, she was parting away with her exclusive paraphernal property and not in the conjugal property with her husband Jejomar Binay Sr. nor the inheritance of her children. Lot No. 3571-C-1 was not the conjugal property of Elenita and her husband Jejomar Binay Sr.. Although TCT No. T-122393 mentioned the name of Jejomar Binay Sr., the same was made in order to indicate the civil status of Elenita who was married to Jejomar Sr. at the time the title over the said parcel of land was transferred to her. The same title however made no conferment of ownership to Jejomar Sr.. Hence, to assume that the consent of Jejomar Sr.’s children was needed before the conveyance of Lot No. 3571-C-1 was misplaced. Elenita, when she sold her own paraphernal property, was parting away with her own exclusive personal property and the consent of her children was not needed. Furthermore, Defendant Victor Magtanggol deny as well that no undue influence or fraud was employed upon the person of Elenita when the sale transpired since Elenita though sick was of sound mind and still in intelligent control of her mental capacities. The Deed of Sale was subscribed before a Notary Public and the same enjoyed the presumption of regularity. In the end, the parties reach a settlement and signed a compromise agreement duly approved by the Court and the same was the basis for the Decision of Dismissal, that the court issued on February 6, 2013. The same Decision reached finality as appearing in the Certificate of Finality issued by the same Court on December 28, 2013; 8. Paragraphs 13, 14, 15, 16, and 17 are likewise specifically denied. Plaintiff argues that the earlier Decision of Branch 31 – Regional Trial Court of Iloilo City in Civil Case No. 09-30308 does not bind her as she was not a signatory in the Compromise Agreement. In seeking relief therefrom, Plaintiff instituted this instant independent action with the same cause of action with the previous case. Plaintiff should not have instituted this instant action and instead should have sought to nullify the said Decision since Plaintiff is contesting the same; 9. At the same time, Plaintiff has no legal standing in instituting this case since the rights she is claiming over the parcel of land emanates from her supposed hereditary rights from his father Jejomar Sr.’s alleged conjugal rights over the property. It is clear from documentary evidence herein that Elenita’s Lot No. 3571-C-1 of TCT No. T-122393 came from Lot No. 3571-C of TCT No. T-132-753 which used to be common inherited property of Elenita, Victor and Ernesto before the partition. Hence Plaintiff is standing on the rights which to not exist in the first place. Moreover, Plaintiff could be held liable for forum Page 3 of 6

shopping as he had instituted this same cause of action in the aforesaid case before Branch 31; 10. Furthermore, this instant case of Plaintiff is in retaliation of the case for Reivindicatoria with Damages filed by herein Defendant Victor Magtanggol through Jojo Binay, attached herewith is the Special Power of Attorney, correspondingly marked as Annex “5” and made as an integral part of this pleading, on August 18, 2018 and now pending before Branch 39 of the Regional Trial Court, Iloilo City docketed as Civil Case No. 14-32444. In view of the settlement and dismissal of Civil Case No. 09-30308, sometime in 2012, Plaintiff asked Defendants to vacate the property since he would need it already but the Defendants refused to do so. Consequently, Plaintiff through then counsel Atty. Christie Joi Navallasca dated 9 March 2012 asking Defendant Spouses to vacate Lot 3571-C-1. However, despite numerous demands – both oral and written, Plaintiff and his wife have remained in illegal possession of the aforesaid land and up to the present, still retain such possession. Plaintiff then received the summons for the said case on October 9, 2013 and three days later Plaintiff instituted this instant action;

AND BY WAY OF COUNTERCLAIN 11.

Due to the Complaint filed by Plaintiff with no sufficient bases, herein Defendants both suffered mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, and social humiliation. Defendants are suffering from pain – both physical and otherwise – and though moral damages may be beyond pecuniary estimation, these may well be assessed for each Defendant at an amount left to the kind of discretion of this Court. Our New Civil Code on Damages specifically provides the following legal bases for this counterclaim of Defendants, to wit: “Article 2217. Moral damages include physical suffering, mental anguish, freight, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury Xxx (Emphasis supplied)”

12.

Furthermore, as a consequence of the groundless suit of this Complaint, Defendants were forces to engage the services of the undersigned attorney for which Defendants agreed to pay the sum of Thirty Thousand Pesos (PhP30,000.00), Philippine currency as Attorney’s Fees and the amount of Two Thousand Pesos (PhP2,000.00), Philippine currency, as Appearance Fee for each hearing in court.

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P R A Y E R WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that judgment be rendered as follows: 1. DISMISSING THE CASE for failure to state cause/s of action and violation of the certification against forum shopping; 2. ORDERING Plaintiff to pay herein Defendants the following, to wit: 2.1 Attorney’s Fees since Defendants were compelled to hire the services of the counsel for an agree sum of Thirty Thousand Pesos (PhP30,000.00), Philippine currency as Attorney’s Fees and the amount of Two Thousand Pesos (PhP2,000.00), Philippine currency, as Appearance Fee for each hearing in court; 2.2 Judicial costs and litigation expenses in the sum of Ten Thousand Pesos (PhP10,000.00),Philippine Currency; and 3. AWARDING Defendants moral and exemplary damages in the amount left to the sound discretion of this Honorable Court. Defendants further pray for such other reliefs which are just and equitable under the premises. RESPECTFULLY SUBMITTED. Iloilo City, Philippines, November 27, 2018.

ANNA VICTORIA DELA VEGA Counsel for the Defendants 2nd Flr., Rm 9, Jamerlan Building Iznart Street, Iloilo City Tel. No. 330-38-15

PTR No. 5294351/January 4, 2017/Iloilo City IBP ID NO.1017323/January 4, 2016/Iloilo City Attorney’s Roll No. 81795 MCLE CERTIFICATE of COMPLIANCE dated 1-202017 under MCLE Compliance No. V-00881795

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REPUBLIC OF THE PHILIPPINES ) CITY OF ILOILO ) S.S. X----------------------------------------------X VERIFICATION/CERTIFICATION We, VICTOR MAGTANGGOL and ABBY BINAY, of legal ages, Filipino and with residential addresses at Tacurong City, Sultan Kudarat, Cotabato, Philippines, after having sworn into in accordance with law, hereby, depose and say: 1. We are Defendants in the above-captioned case; 2. We have caused the preparation of the foregoing Answer; 3. We have read and understood the same and we affirm the truth of the allegations thereof of our personal knowledge and these are based on authentic records on hand. IN WITNESS WHEREFOR, I have hereunto set my hand this November 27, 2018 at Iloilo City, Philippines.

VICTOR MAGTANGGOL Affiant

ABBY BINAY Affiant NOTARIAL CERTIFICATE

BEFORE ME, this November 27, 2018 at Iloilo City, Philippines, personally appeared VICTOR MAGTANGGOL and ABBY BINAY , the principal to the foregoing instrument. I certify that the principal having exhibited to me their identification card bearing their signature, Philippine Passport No. GB3022435. The principal affixed her signature on the foregoing document voluntarily. I further certify that the principal has assigned the pertinent entry on my Notarial Register. WITNESS MY HAND AND SEAL on the date and place first above written.

Doc. No.: 124 Page No.: 26 Book No.: XXVI Series of 2016 Copy Furnished:

ATTY. NORVIE AINE P. SPECTER NOTARY PUBLIC, CITY AND PROVINCE OF ILOILO NOTARIAL COMMISSION REG NO 110 ISSUED ON APRIL 24, 2018, ILOILO CITY FOR A TERM EXPIRING DECEMBER 31, 2020 RM. 9, JAMERLAN BUILDING, IZNART ST. ILOILO CITY PTR No. 5294351/January 4, 2018/Iloilo City IBP ID NO.1017323/January 4, 2016/Iloilo City Attorney’s Roll No. 42796

ATTY.CHRISTIE JOI C. NAVALLASCA Counsel For the Plaintiff 3rd Floor, CJRQ Avancena Hall of Justice, Bonifacio Drive, Iloilo City

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