Republic of the Philippines

REGIONAL TRIAL COURT OF NEGROS OCCIDENTAL

6th Judicial Region
Branch--- Bacolod City
Richard Chan,
Plaintiff,
- versus -

Civil Case No. ------

Jack Pasaway,
Defendant.
x-----------------------------x
ANSWER WITH COUNTERCLAIMS
COMES NOW the Defendant Jack Pasaway, represented by the
undersigned counsels, before the Honorable Court, most respectfully
submits this Answer with Counterclaims, averring that:
ADMISSIONS AND DENIALS
1. The allegation in paragraph 1 of the Complaint for Accion Publiciana
as to the personal circumstances of the Plaintiff Richard Chan is
ADMITTED but the alleged residence of the latter in so far as it does
not reflect consistency and veracity as stated in paragraph 1 of the
complaint to wit: Plaintiff Richard Chan, is of legal age, Filipino and a
resident of Eroreco Brgy. Mandalagan, Bacolod City. xxx in
contrary to the first paragraph of the Verification and Certification of
Non-Forum Shopping which provides I, Richard Chan, of legal age,
Filipino and a resident of Brgy Villamonte Bacolod City xxx is
hereby DENIED;

2. The allegation in paragraph 2 of the Complaint for Accion Publicciana

is ADMITTED.
3. The allegations in paragraph 3, as regards the ownership of the
Plaintiff on the subject parcel of land situated in Eroreco, Bacolod City
is ADMITTED.
4. However, the Transfer Certificate of Title attached as Annex A in the
complaint for Accion Publiciana is specifically DENIED for want of
genuineness and authenticity. The alleged TCT attached as Annex A
in the complaint for Accion Publiciana, is on its face tainted with
irregularity; the Heading of the Title provides REGISTRY of DEEDS
for PROVINCE of NEGROS OCCIDENTAL where, as alleged in
paragraph 3 of the complaint for Accion Publiciana provides, Plaintiff
is the true and registered owner of a certain parcel of land situated in
Eroreco, Bacolod City identified as Lot A and covered by Transfer
Certificate of Title No. 12345 of the Registry of Deeds of Bacolod
City. . Truth of the matter being, that when the property is located
in Bacolod City, the Register of Deeds of Bacolod City has the sole
authority to issue deeds covered within its territorial jurisdiction.
5. The allegations in paragraph 4 and 5 of the complaint for Accion
Publiciana are ADMITTED;
6. The allegation in paragraph 6 of the complaint for Accion Publiciana
averring that Plaintiff had the property bought surveyed sometime
around December 2006 and it was discovered that the defendant
knowingly and unlawfully occupied the portion of the lot owned by the
plaintiff, thus depriving the Plaintiff of his right of possession over the
property is DENIED. Around December 2006, the Plaintiff was not
even the lawful owner of the subject property since as stated in
paragraph 4 of the complaint, the deed of sale was only executed on
December 18, 2008, therefore Plaintiff began his title to the property

On December 18, 2008. He was not the owner and not a lawful
possessor of the subject property on December 2006. He was not
deprived his right of possession as there was NO right to speak of at
that time. And even granting arguendo that the property was bought
and surveyed on Decemeber 2006, the defendant Jack Pasaway
would still be the lawful possessor of the subject property where the
kitchen is located, the truth of the matter being that a Lease Contract
was entered into by Angel Lopez and the Defendant Jack Pasaway
on January 5, 2006 covering 2x3 square meters of lot where the
kitchen of Jack Pasaway was situated. The duration of the lease is for
50 years at one (1) peso per annum. The full amount of which was
paid in cash by Jack Pasaway on the day the lease contract was
executed. Furthermore, such lease contract was annotated at the
back of the title, which served as a notice to the world that an
encumbrance is attached to the subject property. Attached herewith
as ANNEX A is the lease contract between Angel Lopez and Jack
Pasaway and ANNEX B the Transfer Certificate Title which shows
the annotations at the back of the Title.
7. Further, the averment that Defendants kitchen area composed of
light materials occupying approximately two-by-3 (2x3) square meters
is situated within Plainitiffs property. Such structure had been in
existence at the time plaintiff acquired the property and defendant
had full knowledge that said structure is on plaintiffs property is
ADMITTED for in fact, the ownership of the Plaintiff over the property,
the reckoning point of which is at the time of the execution of the
deed of sale on December 18, 2008, is not disputed.
8. The allegations in paragraph 7 of the complaint for Accion Publiciana
insofar as the averment which read Plaintiff, through undersigned
counsel demanded that defendant vacate and return the possession
of said parcel of land to herein plaintiff and The last and final
demand letter to vacate was received by the wife of the defendant on

March 23, 2013 as it was personally served at their residence by

John Javier, Law office Staff. are ADMITTED.
9. However allegation that Defendant has remained in illegal
possession of said land and up to the present , still retains such
possession is DENIED. Defendant did not submit to the demands of
the Plaintiff, precisely because the subject portion of land where the
Defendants kitchen is situated is under a Lease Contract lawfully
executed between Angel Lopez and the herein defendant. And by
virtue of the Lease Contract, Jack Pasaway is therefore the lawful
possessor of the subject property and not as what the Plaintiff
purports it to be.
10.
The allegation in paragraph 8 of the complaint for Accion
Publiciana is ADMITTED.
11.
The allegation in paragraph 9 of the complaint for Accion
Publiciana is DENIED. There was no unjust refusal on the part of the
Defendant, since in the eyes of the law, Jack Pasaway is the lawful
possessor of the subject land where his kitchen is situated by virtue
of the Lease Contract executed as between Angel Lopez and the
defendant. The lease contract being attached as an encumbrance to
the title over the property.
12.
The foregoing are subject to the special and affirmative
defenses hereunder presented.

SPECIAL AND AFFIRMATIVE DEFENSES

The Defendant replead and incorporate by way of reference the

allegations from paragraphs 1-11 and further state as follows:
1. The Honorable Court, with all due respect, FAILED TO ACQUIRE
JURISDICTION over the subject matter of the case; the complaint
failed to allege jurisdictional facts required by law to wit:
Under Batas Pambansa Bilang 129,
the
plenary
action
of accion publiciana must be brought before the regional trial courts. With
the modifications introduced by Republic Act No. 769 in 1994, the
jurisdiction of the regional trial courts was limited to real actions where the
assessed value exceeds P20,000.00, and P50,000.00 where the action is
filed in Metro Manila, thus:
SEC. 19.
Jurisdiction in civil cases. Regional Trial Courts shall
exercise exclusive original jurisdiction:
xxxx
(2)
In all civil actions which involve the title to, or
possession of, real property, or any interest therein, where the
assessed value of the property involved exceeds Twenty
thousand pesos (P20,000.00) or, for civil actions in Metro
Manila, where such value exceeds Fifty thousand pesos
(P50,000.00) except actions for forcible entry into and unlawful
detainer of lands or buildings, original jurisdiction over which is
conferred upon the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts.

Accordingly, the jurisdictional element is the assessed value of

the property. Assessed value is understood to be the worth or value of
property established by taxing authorities on the basis of which the tax rate
is applied. Commonly, however, it does not represent the true or market
value of the property.
1

1 G.R. No. 174346

Vda. De Barrera vs Heirs of Legaspi

Under the law as modified, jurisdiction is determined by the assessed

value of the property. A reading of the complaint shows that respondents
failed to state the assessed value of the property.
1. NARS, JES, Im constrained not to put the issue of docket
fees, ky kahapos langgid katama eh rebut, lets not give them
chance to make good of their case Read bla Sun
Insurance Office, Ltd. v. Asuncion wherein the Court decreed
that where the initiatory pleading is not accompanied by the
payment of the docket fee, the court may allow payment of
the fee within a reasonable period of time, but in no case
beyond the applicable prescriptive or reglementary period .
OR WE CAN STILL PUT THE DEFENSE HERE IF YOU
GUYS WANT, WHAT YA THINK?
2. The Plaintiff has NO CAUSE OF ACTION against the
defendant;
By virtue of the Lease Contract entered into between Angel
Lopez and the defendant Jack Pasaway on January 5, 2006 covering 2x3
square meters of lot, were the kitchen of Jack Pasaway is situated, Jack
Pasaway has therefore a paramount right of possession over the subject lot
in question insofar as the land where the kitchen of the defendant is
situated . The Lease Contract was to last for 50 years from the date of its
execution, at 1 peso ( Php. 1) per annum, the amount of which having been
paid in full by Jack Pasaway on the same date that the Lease Contract was
executed, attached herewith as ANNEX A and ANNEX B the Transfer
Certificate Title which shows the annotations at the back of the Title.
Rule 2 of the Rules of Court defines a cause of action as:
Sec. 2. Cause of action, defined. A cause of action is
the act or omission by which a party violates a right of another.

The essential elements of a cause of action are (1) a right in favor of

the plaintiff by whatever means and under whatever law it arises or is
created; (2) an obligation on the part of the named defendant to respect or
not to violate such right; and (3) an act or omission on the part of such
defendant in violation of the right of the plaintiff or constituting a breach of
the obligation of the defendant to the plaintiff for which the latter may
maintain an action for recovery of damages or other appropriate relief.
The right of possession over the subject property has always
remained with the herein Defendant, even before the Plaintiff acquired such
property from Angel Lopez. The Lease Contract served as an encumbrance
over the property regardless of its subsequent alienation to the Plaintiff. If
there is anyone who has a cause of action, it would be the defendant Jack
Pasaway, for the latter has all the right to be respected of his possession
over the property. Stated otherwise, if there is anyone who is at fault here, it
would be the defendant for not respecting such encumbrance attached in
the property. Plaintiff was well aware of the encumbrance from the time of
his previous demands to the defendant including during the Barangay
Conciliation proceedings, yet he maliciously caused the filing of the instant
case.

Even, granting for the sake of argument that he was not aware of
the encumbrance, still under the law he is deemed to be constructively
notified ( I dont know if this is the correct term)of such encumbrance
annotated at the back of the title ( insert pertinent law or jurisprudence here
guys).
3. The Title attached as Annex A in the complaint for Accion
Publiciana shows signs which cast doubt on the genuiness
of the Title.
While we do not dispute the ownership of one Richard Chan in
the subject property, the title submitted as Annex A of the complaint showed
signs of irregularity and anomalous circumstances to wit:

a. As above mentioned, the Transfer Certificate Title presented as

ANNEX A shows on its heading that the Registry of Deeds of
Negros Occidental issued said TCT. However, the subject property is
located inside Bacolod City. Common practice dictates that if the
property is located within Bacolod City, the Register of Deeds of
Bacolod City is the one authorized to issue Titles within its territorial
jurisdiction and not the Register of Deeds of the Province of Negros
Occidental.
b. The Plaintiff did not include in the TCT No.12345 the back portion
which will show the list of liens and encumbrances attached to the
property. One of which is the encumbrance of the lease contract
executed by Angle Lopez and Jack Pasaway.

4. The Plaintiffs complaint for Accion Publiciana is not properly

verified.
Rule 7, Section 4 of the Revised Rules of Court as amended by A.M No.
00-2-10, provides:

Section 4. Verification. Except when otherwise specifically required by

law or rule, pleadings need not be under oath, verified or accompanied by
affidavit .
A pleading is verified by an affidavit that the affiant has read the
pleading and that the allegations therein are true and correct of his
knowledge and belief.
A pleading required to be verified which contains a verification based on
"information and belief", or upon "knowledge, information and belief", or
lacks a proper verification, shall be treated as an unsigned pleading.

A perusal of the VERIFICATION/ CERTIFICATION OF NONFORUM SHOPPING of the complaint for Accion Publiciana which the
affiant-complainant Richard Chan signed will show that he is a resident of
Brgy. Villamonte, Bacolod City, however, as above mentioned, a closer look
at the complaint under paragraph 1, the complainants alleged residence is
Eroroeco, Brgy. Mandalagan, Bacolod City.
Had the affiant-complainant Richard Chan read the verification
and attested to the allegations as true and correct to the best of his
personal knowledge and/or based on authentic records, Richard Chan
would have corrected or at the least noticed the inconsistency as between
his Verification and the complaint.
In addition, albeit the jurat states that RICHARD CHAN
presented his Passport with ID No. EB-0123456, the validity or expiration
date was omitted. It cannot therefore be determined if the same is a valid
competent evidence of identity, hence, bogus.
As stated above, a complaint is deemed verified when the
affiant executes an affidavit that he has read the pleading and the
allegations contained thereat. However, the mere fact that the affiant failed
to even notice an inconsistency of his own residence in his complaint and
verification, cannot be considered as proper verification. Lack of proper
verification shall be deemed as an unsigned pleading. Being an
unsigned pleading, it is a mere scrap of paper.
With the foregoing premises, the defendants respectfully submit that
the Complaint should be dismissed for any or all of the grounds cited
above.

COUNTERCLAIMS
In the rare event that the Honorable Court shall resolve to proceed with the
trial of the case despite the above special and affirmative defenses, the
Defendant submit the following compulsory counterclaims and for this
purpose, hereby restate and repleads all the allegations in the preceding
paragraphs by way of reference and incorporation:
1. Due to the plaintiffs willful and patent disregard of the
defendants rights, the defendants suffered inconvenience,
embarrassment and humiliation thereby causing them
mental anguish, serious anxiety, wounded feelings and
social humiliation, resulting in moral damages for which the
plaintiff should be held liable in the amount of One Hundred
Fifty Thousand Pesos (P150,000.00), Philippine currency;
2. To deter others from following after the plaintiffs wanton acts
and evident bad faith, she should be held liable to pay the
plaintiff exemplary damages in the amount of Fifty Thousand
Pesos (P50,000.00), Philippine currency, by way of example
or correction for the public good;

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully
prayed that
1.The Special and Affirmative Defenses shall be immediately set for
preliminary hearing;
2.
After the said preliminary hearing, to issue an Order dismissing
the plaintiffs complaint for Accion Publiciana, with prejudice;

3.
In the remote event that the Honorable Court shall proceed with
the trial, the defendant pray for a judgment denying the reliefs prayed for by
the plaintiff for lack of merit;
4.
On the compulsory counterclaims- to order the plaintiff to pay
the defendants a Moral damages in the amount of One Hundred Fifty Thousand Pesos
(P150,000.00), Philippine currency;
b Exemplary damages in the amount of Fifty Thousand Pesos
(P50,000.00), Philippine currency;
c Attorney's fees in the amount of Five Hundred Thousand Pesos
(P500,000.00), Philippine currency;
d Appearance fee of Two Thousand Pesos (P2,000.00), Philippine
currency, per court appearance;
e Other litigation expenses as may be proved during trial.
Other reliefs just and equitable under the premises are likewise
prayed for.
Bacolod City, Philippines this --- day of --- 2013.
COUNSELS FOR THE DEFENDANT

Narciso Javelosa Jr.

IBP No. 12345/1-6-2012/Bacolod City
PTR No. 12345/1-6-2012/Bacolod City
Roll No. 3456
MCLE Compliance No. III-12345/1-25-2011

Zenith Magandan
IBP No. 12345/1-1-1111/Bacolod City
PTR No. 12345/1-1-111/Bacolod City
Roll No. 12345
MCLE Compliance No. III-12345-11
JESA BAYONETA
IBP No. 12345/1-6-3444/Bacolod City
PTR No. 123456/1-6-4455/Bacolod City
Roll No. 532233
MCLE Compliance No. III-012334/1-25-2011

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JACK PASAWAY, Filipino, of legal age, married and a resident of
Bacolod City, Negros Occidental, Philippines, under oath, depose and say
that:
1 I am the defendant in the above-entitled case;

2 I caused the
Counterclaims;

preparation

of

the

foregoing Answer

with

3 I read all the allegations thereof and that the same are true and
correct based on my own personal knowledge and authentic
records;
4 I have not heretofore commenced any other action or proceeding
involving the same issue in the Supreme Court, Court of Appeals,
or any other tribunal or agency;
5

To the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, Court of Appeals, or any other
tribunal or agency.

6 If I should hereafter learn that of any other similar action or

proceeding has been filed or is pending before the Supreme Court,
Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to the Honorable
Court.
SIGNED this ____________ at Bacolod City, Philippines.

Jack Pasaway

Republic of the Philippines)

CITY OF BACOLOD
)s.s.
x - - - - - - - - - - - - - - - - - - - -x
SUBSCRIBED AND SWORN to before me on _________________
at Bacolod City by Jack Pasaway who is personally known to me, hence,
no need to present a competent evidence of identity.

Doc. No._____;
Page No._____;
Book No._____;
Series of 2012.

Copy furnished to:

ATTY. NOVE C. ABANADO
Counsel for the Plaintiff
1st Lacson St., Bacolod City