Republic of the Philippines

Eight Judicial Region

REGIONAL TRIAL COURT
Branch _33_
Tacloban City

CHIKITO P. KUNTALOYLA, Civil Case No. R-TAC-21-0312-CV

Plaintiff FOR: ACCION REIVINDICATORIA

- versus –

SPOUSES DANIEL B. KAIROMAN

AND WILFREDA MAYUMI KAIROMAN,

Defendants

X------------------------X

ANSWER WITH COUNTERCLAIMS

COMES NOW, the Defendant-spouses DANIEL B. KAIROMAN and

WILFREDA MAYUMI KAIROMAN, represented by the undersigned counsel, before
the Honorable Court, most respectfully submits this Answer with Counterclaims,
averring that:

ADMISSIONS AND DENIALS

1. On 12th of March 2021, Defendants received Summons from his Honorable Court,
directing him to file his Answer, pertinent part reads:

- xxx

You are required to submit with your Answer, certified copies of

documents as well as affidavits of any witnesses to stand as your
evidence in his case. You must present these original documents on the
day of the hearing:

xxx

2. Thus, the filling of the instant Verified Answer;

3. The Defendants admits the allegations in paragraph 1 and paragraph 2 of the

Complaint for Accion Reivindicatoria as to the personal circumstances of the
Plaintiff Chikito P. Kontaloyla and the Defendants Spouses Kairoman are
ADMITTED;

2. The Defendants obviously DENIES the allegations in paragraph 3 insofar as to the

ownership of the subject land. Plaintiff is not the absolute owner of the subject
parcel of land, reasons are explained in the special affirmative defenses;
4. The Defendants completely DENIES the allegation in paragraph 4 of the complaint
with regards to the occupation by tolerance of the defendants in the subject parcel of
land. The defendants are the exclusive owners since the property has been legally possessed
by Alfredo Kairoman when the property was transferred and registered since February 30, 1970;

5. Paragraph 6 is ADMITTED as far as the hearing is concerned. However, despite of the

conclusive evidences and testimonies presented during the hearings, the plaintiff still
pursued to file an action with favorable decision from the Lupon because the family of
Kuntaloyla are known to be their local political allies in our Barangay.;

SPECIAL AFFIRMATIVE DEFENSES

1. Plaintiff cannot claim rightful ownership over the said property because the
defendants are the heirs of the true registered owner of the said land.;

2. The subject parcel of land was donated by Don Riko Haciendero on

February 25, 1970 to Alfredo Kairoman, father of Daniel Kairoman, after Mr.
Kairoman saved Mr. Haciendero from drowning and such donation was
witnessed by Honesto Haciendero, Don Riko’s brother. Attached hereto are the
copies of the Owner’s Duplicate Transfer Certificate of Title, Deed of Donation
and Judicial Affidavit of Honesto Haciendero, marked as Annex A, B, and C;

3. Riko Haciendero executed and processed the donation in order for the
ownership of the subject parcel of land be transferred to Alfredo Kairoman and
was accepted thereafter by him. A Transfer Certificate of Title was then issued to
him on the February 24, 1970. Attached hereto is the owner’s duplicate copy of
the TCT, marked as Annex D;

4. On March 5, 2006, Alfredo Kairoman died intestate. Daniel Kairoman

being the only son of Alfredo inherited the subject parcel of land and has been in
possession of the same for 15 years. Attached hereto is a Declaration of Heirship,
marked as Annex E;

5. On August 7, 2006, Daniel Kairoman filed a Tax Declaration in his name in

the Registry of Deeds and started paying the taxes from 2006 up to present.
Attached hereto are the copies of Tax Declaration and Tax receipts;

6. That the Deed of Absolute sale is VOID AB INITIO and the sale was made
with bad faith and with fraudulent means.

COUNTERCLAIM

1. The Plaintiff’s claims are baseless and lack of merit. His filling of the present
case is groundless and is meant to violate the Spouses rights to unjustly enriched
himself by acquiring the said property. For the said reason, the Plaintiff should
compensate the defendants amounting to ONE HUNDRED THOUSAND
PESOS (P100,000.00) as in cases of fraud a civil action for damages, entirely
separate and distinct from the criminal action, may be brought by the injured party,
(Articles 33 and 1170 Civil Code of the Philippines);

2. The Defendants was inconveniently dragged to these baseless and

groundless allegations of using the Plaintiff’s wealth and political connections to
prejudice the rights of the defendants which causes a heavy burden and affected
their day to day living. Due to their sufferings, such as mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and
 sleepless nights, the Defendants should be compensated by ONE HUNDRED
THOUSAND PESOS (P100,000.00).

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed of this

Honorable Court that the instant case be dismissed. Defendant prays for other
reliefs deemed and equitable under circumstances.

EXPLANATION
Copy of this pleading was sent to the opposing counsel through registered mail as
personal service is impracticable.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of March 2021 at
Tacloban City, Philippines.
Republic of the Philippines )
City of Tacloban ) S.S

VERIFICATION

We, Daniel Kairoman and Wilfredo Mahusay Kairoman, of legal age, Filipino
citizen, with address No. 69 Brgy. Tacloban City, Leyte after having been duly sworn in
accordance with law, depose and state that:

1. We are the defendants in the case entitled “Chikito Kuntaloyla vs. Spouses
Daniel Kairoman and Wilfreda Mahusay Kairoman” pending before the
Regional Trial Court of Tacloban Branch 33.

2. We have caused the preparation of the foregoing pleading.

3. We have read and understood the contents thereof and state that the
allegation contained therein are true and correct of our personal knowledge
and based on authentic records.

4. The pleading is not filed to harass, cause unnecessary delay, or needlessly

increase the cost of litigation.

5. The factual allegations in the pleading have evidentiary support.

IN WITNESS WHEREOF, we have hereunto set our hand this 13th at Tacloban
City, Leyte, Philippines.

DK Kairoman WM Kairoman
DANIEL KAIROMAN WILFREDA MAHUSAY KAIROMAN
Affiant Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of March 2021, in the City
of Tacloban City, affiants exhibiting to me their GSIS I.D. No. 12345 and GSIS I.D. No. 44445 in the
City of Tacloban.

Doc No. 23
Age No. 4
Book No. 3
Series No. 2021