Republic of the Philippines

Municipal Trial Court

Caba, La Union

ANACLETO C. MANGASER, CIVIL CASE NO. ___________

represented by his Attorney-in-fact
EUSTAQUIO DUGENIA,
For:
Plaintiff,

Forcible Entry With Damages

- versus -

DIONISIO UGAY,
Defendant,

X------------------------------------------------/

ANSWER
DEFENDANT, through the undersigned counsel, and
unto the Honorable Court most respectfully file his Answer in
response to the Complaint of the Plaintiff and interpose as well his
defenses and counterclaim against the plaintiff, viz:

1. Defendant strongly denies the material allegations of the

complaint;

2. Defendant admitted that he had been a resident of Samara,

Aringay, La Union, since birth and when he reached the age of
reason, he started occupying a parcel of land in that place then
know as Sta. Lucia, Aringay, La Union; that years later, this parcel
of land was designated as part of Santiago Sur, Caba, La Union due
to a survey made by the government;

3. Defendant denies the allegations contained in paragraph 3. The

Defendant did not construct a residential house; however, he
introduced more improvements on the property by cultivating the
land, and in March 2006, he put up a “bahay kubo”; that in
October 2006, he installed a fence made of “bolo” to secure the
property; that in installing the fence, he was guided by the concrete
monuments which he knew to be indicators of the boundaries of
Plaintiff’s property;

4. Insofar as paragraph 7 of the Complaint, it was not correct to say

that the Defendant refused to vacate and surrender the premises
despite receipt of the demand letters because in his letter-reply, he
assured the Plaintiff that he would voluntarily vacate the premises
if he would only be shown to have intruded into Plaintiff’s titled lot
after the boundaries were pointed out to him;

5. Plaintiff was never in actual possession of the property occupied

by him, and it was only on October 31, 2006 when he discovered
the al legccl intrusion;

6. Defendant had experienced harassment causing sleepless nights,

anxiety and besmirched reputation considering that he is a
teacher. In this regard, the Plaintiff should be made liable to pay
moral damages amounting thirty thousand pesos (P30,000.00);

7. In instituting this unwarranted and clearly unfounded suit

against the Defendant, Plaintiff had acted in a wanton, fraudulent,
reckless and malevolent manner, by way of example or correction
for the public good, Plaintiff should be made liable to pay
Defendant exemplary damages in the total amount of fifty thousand
pesos (P50,000.00);

8. As a further consequence of the malicious and wrongful filing of

the present action, Defendant was constrained to hire the services
of counsel for a legal fee of fifty thousand pesos (P50,000.00), plus
three thousand pesos (P3,000.00) per court appearance, and to
incur expenses of litigation for which plaintiff should be made to
pay.
 PRAYER

WHEREFORE, the defendant most respectfully prayed that

this Honorable Court find generally in Defendant’s favor and
against the Plaintiff, that the Plaintiff take nothing by way of
Plaintiff’s Complaint for Forcible Entry With Damages, and for such
other further relief as the court deems just and proper.

This January 16, 2021, at Caba, La Union.

ATTY. GIULIA ROSA C. MADERA

Counsel for the Defense
3 F Blommingdale Tower
rd

Caba, La Union, 2502

Tel No. 0917-9345519
Email: grcmadera@gmail.com