This document is an answer filed in response to a complaint regarding a property dispute. It contains 18 paragraphs admitting, denying, or claiming lack of knowledge regarding the allegations in the complaint. The answer also includes 15 affirmative defenses, including that the property is located within 5 km of a national highway and is therefore a forest and water reserve that cannot be privately owned under Presidential Decree 1574. The defendants claim ownership through a deed of sale and open possession of a portion of the property for many years. They request that the complaint be dismissed and damages be awarded.
This document is an answer filed in response to a complaint regarding a property dispute. It contains 18 paragraphs admitting, denying, or claiming lack of knowledge regarding the allegations in the complaint. The answer also includes 15 affirmative defenses, including that the property is located within 5 km of a national highway and is therefore a forest and water reserve that cannot be privately owned under Presidential Decree 1574. The defendants claim ownership through a deed of sale and open possession of a portion of the property for many years. They request that the complaint be dismissed and damages be awarded.
This document is an answer filed in response to a complaint regarding a property dispute. It contains 18 paragraphs admitting, denying, or claiming lack of knowledge regarding the allegations in the complaint. The answer also includes 15 affirmative defenses, including that the property is located within 5 km of a national highway and is therefore a forest and water reserve that cannot be privately owned under Presidential Decree 1574. The defendants claim ownership through a deed of sale and open possession of a portion of the property for many years. They request that the complaint be dismissed and damages be awarded.
This document is an answer filed in response to a complaint regarding a property dispute. It contains 18 paragraphs admitting, denying, or claiming lack of knowledge regarding the allegations in the complaint. The answer also includes 15 affirmative defenses, including that the property is located within 5 km of a national highway and is therefore a forest and water reserve that cannot be privately owned under Presidential Decree 1574. The defendants claim ownership through a deed of sale and open possession of a portion of the property for many years. They request that the complaint be dismissed and damages be awarded.
COMES NOW, defendant, unto the Honorable Court, most respectfully
submit her Answer to the complaint filed by the above-named plaintiffs, in the following presentation:
ADMISSIONS AND DENIALS
1. Defendant admits paragraph 1 of the complaint in so far as the
personal circumstances of the defendants are concerned but specifically denies the rest of the allegations for lack of knowledge or information sufficient to form a belief as the truth or falsity of the personal circumstances of the plaintiffs;
2. Defendant admits the allegation in paragraph 2
3. Defendant specially denies the allegations in paragraphs 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of the complaint for they have no knowledge to form a belief as to the truth thereof, the truth of the matter are those set forth in the Affirmative Defenses;
4. Defendant admits paragraph 19 and 20 of the complaint that the
matter was referred to the barangay; however, defendants denies the rest of the allegations thereof as they have no knowledge to form a belief as to the truth thereof, the truth of the matter are those set forth in the Affirmative Defenses; 5. Defendants deny the allegation of paragraph 21 of the complaint for they have no knowledge to form a belief as to the truth thereof, the truth of the matter are those set forth in the Affirmative Defenses
DEFENDANT, hereby allege the following by way of –
SPECIAL AND AFFIRMATIVE DEFENSES
8. She re-plead and adopt by way of incorporation and reference, the
foregoing allegation as may be relevant and material hereto;
9. Presidential decree 1754 reserved the distance of 5
kilometers from both sides of the National Road as forest and water reserve. As a forest and water reserve as in the property in question, it cannot be subject of ownership. Thus any title or tax declaration/s issued in favor of herein complainants are void. Hereto attached as Annex “A” is a copy of PD 1574 and
made an integral part hereof.
10. The property claimed by herein Plaintiffs is less than 700 meters away from the Southern side of National Highway; as such is a forest and water reserve, an inalienable and non-disposable land of public dominion declared under PD 1574.
11. The realty in question being a forest and water reserve cannot be owned by any private individual like herein plaintiffs; therefore, any tax declaration or title issued to them is null and void.
12. In addition thereto, the foreclosure of the realty in question by the
Land Bank and the eventual sale to herein plaintiffs being in violation of PD 1754 is null and void. 13. On _____________, ______________ executed a Deed of Sale in favor of herein defendants over a parcel of land covered by Tax Declaration ______. Hereto attached as Annex “B” is a copy of PD 1574 and made and integral part hereof.
14. By virtue of said sale, _____________ divested his claim over said property to herein defendant. Spouses __________ forthwith built a house and established residence thereat;
15. From _______ up to the present, herein defendants have been in
open, continues, exclusive , adverse and notorious possession of the 200 square meter portion of the property in question.
16. Said portion has never been possessed by herein plaintiffs.
17. To be sure, a tax declaration is neither title nor evidence of ownership
at most it is evidence of possession.
PRAYER WHEREFORE, premises considered, it is most respectfully prayed unto the Honorable Court that judgment be issued: A. Dismissing the instant complaint for lack of cause of action and merit; B. Ordering the plaintiffs to pay P20,000.00 as actual and moral damages; P25,000.00 plus P1,500 per court appearance as Attorney’s Fees, in favor of the herein defendants’ C. Cost of litigation; and D. Other just and equitable remedies are likewise prayed for.
