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III.
The allegations in paragraph 4 and 5 of the
complaint with respect to Marry Carreon Arista as the
only child and compulsory heir of Joselito Carreon
(deceased) but deny the rest of the allegation
thereon, the truth of the matter are those that are
stated in defendants affirmative/negative defenses
and counterclaim;
IV.
Paragraph 6 to 9 of the complaint is strongly denied
under oath, the truth of the matter are those that are
stated in defendants affirmative/negative defenses
and counterclaim herein below set forth:
affirmative/negative defenses and counterclaim
V.
That the acquisition by the defendants of physical
possession over the parcel of the land subject of this case
is by all means just, right and legal for they are the
owners thereof;
VI.
That the original copy of the owners duplicate of the Title
of this land subject of this case is in the possession of
herein defendants. The lot question is also declared for
tax purposes in the name of MARRY CARREON ARISTA,
and she is the one paying the realty taxes of thereof.
VII.
That on October 24 1988, Jaime Garapon was awarded by
the government a land covered by T.C.T. No. T-04689
located at 654 Sinsayon Santiago City consisting of 10,
107 square meters through the Comprehensive Agrarian
Reform Program under P.D. No. 27 on October 24 1088;
VIII.
That when plaintiffs Father Jaime already died and during
the lifetime of their mother Cristeta D. Garapon entered
into a contract of loan with conditional sale with Joselito
Carreon, the father of defendant Marry Carreon Arista.
Carreon had the possession and use of the land including
the original owners copy of the title as collateral to Five
Hundred Thousand ( Php. 500, 000.00 ) loan with the
agreement to return the exclusive possession to the
registered owner until Cristeta D. Garapon fully paid the
loan for 10 years but in case of failure of payment the
PRAYER
WHEREFORE, premises considered, it is most
respectfully prayed unto this Honorable Court that, after
hearing, judgment be rendered ordering the plaintiffs:
1. For the dismissal of the complaint for utter lack of
merits;
2. For the payment in the amount of P100,000.00 by
way of Moral damages;
3. For the payment of cost of the suit and attorneys
fees.
Other reliefs just and equitable under the premises
are likewise prayed for.
Santiago City, January 29, 2015.
DAVIS LAW OFFICE
ANDREI MILLER
Counsel for the defendants
Unit343, hall tower II
Avenue, Santiago
Roll of Attorney No. 98765
IBP No. 12345/2-5-12
PTR No. 87654/12-22-11
CHRISTOPHER ARISTA,
ARISTA,
MARRY CARREON
Doc. No.________
Page No._______
Book No._______
Series of 2012.
To:
Atty. Louise Reyes
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila
PROOF OF SERVICE
I PRIMITIVO SANTOS, messenger for Atty. ANDREI
MILLER, herein counsel for defendants CHRISTOPHER
ARISTA and MARRY CARREON ARISTA, herby certifying
that I personally delivered defendants Answer dated
January 27, 2015 to plaintiffs Amado Garapon with the
address Purok 2, Divisoria, Santiago City, Isabela, Lita G.
Garapon, Jonalyn Garapon, Peter Garapon and Jaime
Garapon Jr. with their residence at Divisoria, Santiago
City, Isabela. The answer was received by all of the
plaintiffs themselves.
PRIMITIVO SANTOS