Republic of the Philippines

PROVINCE OF APAYAO
Municipal Trial Court
Kabugao, Apayao

ESTEBAN I. PATTING III, Civil Case No. 12345

Plaintiff,
F O R :

-versus- FORCIBLE ENTRY

HERMS A. MALAP,
Defendant.
X - - - - - - - - - - - X

ANSWER

COMES NOW Plaintiff, through the undersigned counsel to this Honorable

Court respectfully states;

1. Defendant admit the allegations regarding their name and personal

circumstances stated in paragraph 2 of the complaint.

2. Defendant do not admit the allegations in paragraph 1 of the complaint

except for the name of the plaintiff, reason being that Defendant do not have
knowledge or information sufficient to form a belief as to their truth.

3. Defendant admit paragraph 3 of the complaint, with the qualification that the
issuance of Original Certificate of Title No. K-3245 was illegal, irregular and
in disregard to the rights of the Defendant who have occupied the land for the
past fifty years.

4. Defendant admit paragraph 4 of the complaint, with the added information

that such construction started only in March 30, 2024 and only limited to a
small portion of Lot 120 which is the land in question.

5. Defendant deny the allegations in paragraph 5 of the complaint, reason being

the following- that Defendant have occupied Lot 120 personally and through
their predecessors-in-interest for more than fifty (50) years by erecting a
house, cultivating, and grazing their animals on the same land;

6. On the other hand it was plaintiff in the company of several persons who
arrived in Lot 120 on board motor vehicles on March 15, 2024, they suddenly
conducted a survey on the land and they returned afterwards to discharge
Page 1 of 4
 gravel and construction materials, and then cut the trees; plaintiff however
together with his company of several persons could not expand no further
their occupation because Defendant timely put a fence which was legal and
in defense of their rights in order to stop plaintiff's intrusion to Lot 120.

7. Defendant deny the allegations in paragraphs 6 and 7 of the complaint, the

reason being that Defendant were not invited nor called upon to the
Philippine National Police (PNP) or in the Lupong Tagamayapa of Barangay
Poblacion, Kabugao, Apayao in order that they would be confronted by the
allegations of the plaintiff which were reportedly entered in the police blotter
and certified to by the certification to file action.

8. Defendant deny the allegations in paragraphs 8,9 and 10 of the complaint,

the reason being that Defendant do not have knowledge or information
sufficient to form a belief as to their truth.

COUNTER-CLAIM

Defendant adopt and plead all the allegations in the foregoing and he further
alleges that:

9. Defendant have been in possession and occupation, either by themselves or

their predecessor-in-interest, of the land for more than fifty years, using the
land for their residence, cultivation and planting, and the grazing of animals
they own.

10. Lot 120 is fax declared to Dominador T. Malap, who is Defendant's

predecessor-in-interest being the direct ascendant and grandfather of
defendant Herms A. Malap, for the past forty years without his tax declaration
being cancelled, proof of this fact is shown in Tax Declaration No. 9545
issued for 1971, Tax Declaration No. 244240 issued for 1985, Tax
Declaration No.4412 AR issued for 1994, and Tax Declaration No. 99-24011-
00021 for 2013, with copies attached and incorporated as Annexes 1, 2,3,
and 4, correspondingly, to this Answer.

11. Plaintiff already cut 5 coconut trees and 4 mahogany trees at this point in
time to the great prejudice of the Defendant in the amount of P50,000.00

12. In view of the filing of this complaint which is malicious and without basis,
Defendant suffered untold worries, anxieties, and shame for which they seek
from plaintiff to be indemnified of moral damages amounting to P50,000.00.

13. In order to set as an example to the public to refrain from filing malicious and
baseless suits, Defendant seek to be indemnified by plaintiff of exemplary
damages in the amount of P20,000.00.

14. Defendant was compelled to engage a lawyer for an Attorney's fee of

P50,000.00, appearance fee of P5,000.00, for every appearance in the

Page 2 of 4
 hearing of this case, and such other fees and charges for the submission of
memoranda, position papers and the like.

WHEREFORE, premises considered, it is respectfully prayed to this

Honorable Court the following:

a. To order the dismissal of the complaint;

b. To order and direct the plaintiff to vacate the portion of Lot 120 that he
occupied illegally:
c. To order and direct the plaintiff to indemnify the defendants the
following:

(1) Compensatory damages in the amount of P50,000.00 for the trees

that were cut;

(2) moral damages in the amount of P50,000.00; and

(3) exemplary damages in the amount of P20,000.00;

d. To order and direct the plaintiff to reimburse the defendants of: (1)
Attorney's fees of P50,000.00;

(2) Appearance fees of P5,000.00 for every hearing of this case;

(3) such amount charged to defendants for memoranda, positions

papers, and the like.

e. To grant such other just and equitable relief as may be proper under
the premises.

Respectfully submitted.

San Isidro Sur, Luna, Apayao. April 15, 2024.

DUSTIN C. LIWAT
Counsel for the Defendant
Bulut Commercial Center, San Isidro Sur,
Luna, Apayao
ROLL OF ATTORNEYS NO. 9898
IBP NO. 042195, 01/16/24
PTR NO.2334695, 01/16/24, Apayao
MCLE Compliance No. 12345

Page 3 of 4
Republic of the Philippines )
Luna, Apayao ) S. S.
x------------------------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, HERMS A. MALAP, of legal age, married, Filipino, and with residence

address at Poblacion, Kabugao, Philippines, after having been duly sworn to in
accordance with law depose and state THAT:

1. I caused the preparation and filing of the foregoing Answer;

2. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies of
documents and records at hand. This complaint is not being filed to
harass, cause unnecessary delay or needlessly increase the cost of
litigation. The factual allegation in the complaint has evidentiary
support or will likewise have evidentiary support after a reasonable
opportunity for discovery;

3. I have not commenced any other action or filed any claim involving the
same issue in any court, tribunal or quasi-judicial agency;

4. To the best of my knowledge, no such other claim or action is pending

before any court, tribunal or quasi-judicial agency;

5. That if I learn of any case involving the same issues, cause of action,
and parties, is pending on any court, administrative tribunals, or quasi-
judicial bodies, I will inform the Honorable Court of the said case within
five (5) calendar days from receipt thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature this April 15,

2024 at San Isidro Sur, Luna, Apayao.

HERMS A. MALAP
Affiant

SUBSCRIBED AND SWORN to before me this April 15, 2024 in San Isidro
Sur, Luna, Apayao by affiant who exhibited his BIR Tax Identification Card with
picture issued on December 18, 2001.

DIOSDADO L. MAGAPIT
NOTARY PUBLIC
Doc. No.32 Bulut Commercial Center, San Isidro Sur,
Page No. 6; Luna, Apayao
ROLL OF ATTORNEYS NO. 01245
Book No.10; IBP NO. 042195, 11/05/2025
Series of 2024. PTR NO.2334695, 11/05/2025, Apayao
MCLE Compliance No. 51424
Page 4 of 4