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    Sale, Reconveyance, and Cancellation of Title

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    George Panda
    This document is an answer filed by the defendant Tiborcio Torres in response to a civil complaint brought by Silvestre De La Torre and Sylvia De La Torre. The defendant admits some allegations of the complaint but denies others. He asserts affirmative defenses including that he purchased the property in good faith and has a valid Torrens title, and the plaintiffs' claims are a collateral attack on his title that should not succeed. He requests that the court dismiss the complaint and uphold the validity of his purchase and title to the property.

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    Sale, Reconveyance, and Cancellation of Title

    Uploaded by

    George Panda
    39 views3 pages
    This document is an answer filed by the defendant Tiborcio Torres in response to a civil complaint brought by Silvestre De La Torre and Sylvia De La Torre. The defendant admits some allegations of the complaint but denies others. He asserts affirmative defenses including that he purchased the property in good faith and has a valid Torrens title, and the plaintiffs' claims are a collateral attack on his title that should not succeed. He requests that the court dismiss the complaint and uphold the validity of his purchase and title to the property.

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    This document is an answer filed by the defendant Tiborcio Torres in response to a civil complaint brought by Silvestre De La Torre and Sylvia De La Torre. The defendant admits some allegations of the complaint but denies others. He asserts affirmative defenses including that he purchased the property in good faith and has a valid Torrens title, and the plaintiffs' claims are a collateral attack on his title that should not succeed. He requests that the court dismiss the complaint and uphold the validity of his purchase and title to the property.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    39 views3 pages

    Sale, Reconveyance, and Cancellation of Title

    Uploaded by

    George Panda
    This document is an answer filed by the defendant Tiborcio Torres in response to a civil complaint brought by Silvestre De La Torre and Sylvia De La Torre. The defendant admits some allegations of the complaint but denies others. He asserts affirmative defenses including that he purchased the property in good faith and has a valid Torrens title, and the plaintiffs' claims are a collateral attack on his title that should not succeed. He requests that the court dismiss the complaint and uphold the validity of his purchase and title to the property.

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    © All Rights Reserved
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    Republic of the Philippines

    REGIONAL TRIAL COURT OF NEGROS ORIENTAL


    7th Judicial Region
    BRANCH ___
    Dumaguete City

    SILVESTRE DE LA TORRE AND SYLVIA DE LA TORRE


    Plaintiff

    -versus-

    CIVIL CASE No. _______________


    For: QUIETING OF TITLE, Annulment of
    Sale, Reconveyance, and Cancellation of
    Title.

    Tiborcio Torres
    Defendant

    ANSWER
    Defendant, through the undersigned counsel, into this Honorable Court, in answer
    to plaintiffs complaint respectfully avers that:
    ADMISSIONS AND DENIALS
    1. He admits the allegations in paragraphs 2, 4, 5, and 6 of the complaint;
    2. He denies the allegations in paragraph 3 for he has no knowledge or
    information sufficient to form a belief as to the truth of said allegations,
    except that there was a quitclaim made by the late Sixto de la Torre over Lot.
    No. 7210 presented to him by Amelia Gomez during the transaction
    mentioned in paragraph 4.
    3. He denies all other material allegations made in question of his rightful
    ownership and possession over the lot in question.

    AFFIRMATIVE AND SPECIAL DEFENSES


    1. Defendant reiterates that the Torrents tittle of lot no. 7210 has now been registered
    under his name and a copy of which is attached in the Plaintiffs complaint as Annex
    D;
    2. Regarding paragraph 7, Defendant raises the defense that tax declarations and receipts
    are not conclusive evidence of ownership or of the right to possess land when not
    supported by any other evidence. (Republic v. de la Paz). Whatever irregularities in the
    tax declaration may be, they cannot defeat the Torrens title of the Defendant.
    3. Regarding paragraph 8, Defendant raises the defense that he is an innocent purchaser
    in good faith, He has he has no knowledge or information sufficient to form a belief as to
    the truth of said allegations of forgery of the quitclaim. The quitclaim was presented to
    him as being valid by Amelia Gomez and he relied on this fact as a innocent third party
    during the sale transaction. As was explained to him by Amelia Gomez at the time of the
    contract of sale, Sixto de la Torre could write but with difficulty, hence the reason why
    his signature had changed from what was the usual form. It was not impossible for him
    to write, only difficult due to his disease.
    4. Defendant raises the defense that THE OCT COVERING THE CONTESTED LOT
    CARRIES WITH IT A PRESUMPTION OF REGULARITY. THE PETITION TO
    CORRECT/CANCEL THE OCT CAN PROSPER ONLY IF PETITIONERS ARE
    ABLE TO PRESENT SUBSTANTIAL EVIDENCE THAT A PORTION OF THEIR LOT
    WAS ERRONEOUSLY COVERED BY THE PATENT. SUBSTANTIAL EVIDENCE
    REFERS TO SUCH RELEVANT EVIDENCE AS A REASONABLE MIND MIGHT
    ACCEPT AS ADEQUATE TO SUPPORT A CONCLUSION. Ang Tibay v. The Court of
    Industrial Relations, 69 Phil. 635 (1940). That the issues raised by the plaintiffs are
    insufficient as Sixto de la Torre was not proven substantially without capacity, and
    furthermore, defendant was not party to the transaction between Sixto and his wife
    Amelia, therefore not privy to what transpired between them. The quitclaim was
    presented as a form of consent by Sixto for the sale of the lot in question.
    5. Regarding Paragraph 9, Defendant affirms that the plaintiffs in this case are well aware
    of his possession and ownership over the lot in question as they did not question the
    registration which is held as notice to the whole world within the proper time allowed for
    contesting such. Defendant has been in open, notorious, uncontested possession of the lot
    under claim of ownership since 2006.
    6. Indefeasibility starts after the lapse of one year from the date of entry of the decree of
    registration when all persons are considered to have constructive notice of the property.
    Plaintiffs have exceeded the time allowed to contest the indefeasibility of title that proves
    the ownership by the defendant.
    7. The defendant respectfully prays that the plaintiff's suit be considered as being, in
    reality, a collateral attack on the title in the name of the defendant, and for that reason
    should not prosper. Registration of land under the Torrens System, aside from perfecting
    the title and rendering it indefeasible after the lapse of the period allowed by law, also
    renders the title immune from collateral attack. A collateral attack occurs when, in
    another action to obtain a different relief and as an incident of the present action, an

    attack is made against the judgment granting the title. This manner of attack is to be
    distinguished from a direct attack against a judgment granting the title, through an action
    whose main objective is to annul, set aside, or enjoin the enforcement of such judgment if
    not yet implemented, or to seek recovery if the property titled under the judgment had
    been disposed of. (Madrid v. Mapoy, G. R. No. 150887, August 14, 2009, 596 SCRA 14, 26.)
    8. Under our existing laws, to be able to bring an action to quiet title to land or any
    interest therein, the plaintiff must have legal or equitable title to, or interest in the real
    property which is the subject matter of the action. (Art. 477 of the New Civil Code);
    Defendant most respectfully submit that the Complaint does not qualifies for quieting of
    title because they have not established equitable or legal title to the parcels of land in
    question;

    P R AY E R
    WHEREFORE, in view of the foregoing, Defendant most respectfully prays for the
    dismissal of the complaint by:
    (a) declaring the quitclaim and the sale of Lot 7210 between Amalia de la Torre and
    Tiburcio Torres as valid and subsisting,
    (b) cancelling the reconveyance of Lot 7210 to the plaintiffs,
    (c) Other reliefs are likewise prayed for.
    Dumaguete City, December 15, 2014.
    VELARDE and YAP LAW OFFICE
    Counsel for the Defendant
    4th floor, MJA Building
    Dumaguete City, Negros Oriental

    By:
    MYRA U. VELARDE
    Roll No. 45767
    IBP No, 76754/11-6-2013/Dumaguete
    PTR No. 67754/11-6-2013/Dumaguete
    GEORGE YAP
    Roll No. ____
    IBP No, __________/Dumaguete
    PTR No. __________/Dumaguete
    Copy furnished:
    ATTY. ROSEL Q. ERAMES
    Counsel for the Plaintiff
    ERAMES LAW OFFICE
    Real Street, Dumaguete City

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