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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Dagupan City
Branch __

Ms. Juana Dela Cruz,
Plaintiff,

- versus - CIVIL CASE NO.
___________
For: Nullity of Documents,
Cancellation of Title and
Damages

Mr. Pedro Dela Cruz,
Defendant,
x--------------------x

A N S W E R

COMES NOW, defendant Pedro Dela Cruz (Pedro), by
counsel, in answer to the Complaint dated September 10, 2014
(Complaint) filed by plaintiff Juana Dela Cruz (Juana) against
defendant Pedro, respectfully states that:

1. Defendant Pedro admits to the truth of the following allegations
of the Complaint contained in:

1.1. Paragraph 2 insofar as it alleges that defendant
Fernandez is of legal age, a Filipino citizen, single, and with
postal address at Krystaville, Lucao District, Dagupan City;

1.2. Paragraph 3 insofar as it alleges that Plaintiff and
Defendant are siblings being the children of Maria Dela Cruz
and Jose Dela Cruz;

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1.3. Paragraph 4 insofar as it alleges that Maria Dela
Cruz and Jose Dela Cruz died on October 15, 2012 due to a car
accident;

1.4. Paragraph 5 insofar as it alleges that the late
spouses Maria Dela Cruz and Jose Dela Cruz left behind a
parcel of land situated in Bonuan, Gueset, Dagupan City, more
particularly described in and covered by Transfer Certificate of
Title No. PT-123456, registered under their names;

1.5. Paragraph 6 insofar as it alleges that there was a
new tax declaration issued with respect to the tax declaration in
the name of defendant, but DENY for lack of knowledge
sufficient to form a belief as to the truth or falsity that plaintiff
attempted to pay real property tax on January 15, 2014 on the
aforesaid property;

1.6. Paragraph 7 insofar as it alleges that Transfer
Certificate of Title No. 567890 is already under the name of the
defendant, but DENY for lack of sufficient knowledge to form a
belief that plaintiff made further inquiries with the Register of
Deeds;

1.7. Paragraph 8 insofar as it alleges that the Transfer
Certificate of Title No. 123456 was cancelled by virtue of a Deed
of Absolute Sale executed by spouses Maria Dela Cruz and Jose
Dela Cruz in favor of the defendant, Pedro Dela Cruz on
November 15, 2012;

1.8. Paragraph 10 and 11;

2. Defendant Pedro specifically denies Paragraph 9 which alleges
that the Deed of Absolute Sale is a patent nullity for the reason
that the said allegation is an erroneous conclusion of law, the
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truth of which will be discussed in the affirmative and special
defenses;

3. Defendant Pedro specifically denies Paragraph 12 for lack of
sufficient proof as to the veracity that the plaintiff incurred
expenses in the sum of P 50,000.00 as attorneys fees, P
10,000.00 as necessary litigation expenses and P 2,000.00 as
appearance fee per hearing.

AFFIRMATIVE AND SPECIAL DEFENSES


4. The date November 15, 2014 appearing on the Deed of Absolute
Sale pertains to the date of notarization of said document,
nonetheless said Deed of Absolute Sale was executed prior to the
death of spouses Maria and Jose Dela Cruz;

5. As evidenced by witnesses Derp Sikatsafb and Derpina Sikatsafb
caretakers of the lot in dispute, both of whom were present
during the execution of the Absolute Sale and saw that spouses
Maria and Jose Dela Cruz signed the Deed of Absolute Sale prior
to their death on October 15, 2012; a copy of the Sworn
Statements of Derp and Derpina Sikatsafb is hereto attached as
Annex 1.


P R A Y E R

WHEREFORE, defendant PEDRO DELA CRUZ
respectfully prays that Judgment be rendered DISMISSING the
Complaint dated 10 September 2014 filed against defendant Pedro
with costs against the plaintiff.

Defendant Pedro prays for such further or other reliefs as may
be deemed just and equitable.

Dagupan City, Pangasinan, 12 September 2014
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FRANCISCO-TUPAS-CAYETANO
Counsel for the Defendant
PEDRO DELA CRUZ
9
th
Floor, Prime Condominium I
989 Dbest Street, Diz Village
9 Makati City, Metro Manila, Philippines
Telephone: (075) 523-4404; (075) 522-4026
Office Mobile: (0932) 864-0684; Fax: (075) 403-3127
Email address: tabithafrancisco@gmail.com


V E R I F I C A T I O N

I, PEDRO DELA CRUZ, after having been sworn to in
accordance with law, do hereby depose and declare that:

1. I am the Defendant in the instant case;

2. I have read the foregoing answer and the allegations
therein are true and correct of my own knowledge and based on
authentic records on hand.

SIGNED this 12
th
day of September 2014.


PEDRO DELA CRUZ


SUBSCRIBED AND SWORN to before me this 12
th
day of
September 2014, at Dagupan, Pangasinan.



TABITHA F. A. FRANCISCO
Notary Public
Until December 31, 2014
PTR No. 987654
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Issued on January 3, 2014
Dagupan, Pangasinan
IBP No. 876543, 1-3-14
Atty. Roll No. 98789


Copy Furnished:
(By Registered Mail)

ANGELA MERICCI G. MEJIA
Counsel for plaintiff
Juana Dela Cruz
Brgy. Cayanga,
San Fabian, Pangasinan


WRITTEN EXPLANATION FOR SERVICE
BY REGISTERED MAIL

HON. CLERK OF COURT
Regional Trial Court
Branch __, Dagupan City

G r e e t i n g s:

Please be informed that the undersigned counsel caused the
service of copies of the foregoing ANSWER by registered mail upon
the above-stated party, as evidenced by the attached Affidavit of
Service by Registered. The undersigned counsel was unable to
personally serve a copy of said ANSWER upon the said party and
was constrained to serve and file a copy thereof by registered mail due
to lack of manpower as well as the considerable distance of the said
partys address from the office of the undersigned counsel.


TABITHA F. A. FRANCISCO