REPUBLIC OF THE PHILIPPINESMUNICIPAL TRIAL COURT IN CITIES7TH Judicial RegionBranch 12Cebu City

SPOUSES JOHN AND JANE DY, CIVIL CASE NO. 45678 Plaintiffs,

versus - FOR UNLAWFUL DETAINER

ANDRES MABINI,Defendant,X - - - - - - - - - - - - - - - - - - - - - - - - /

ANSWER

COMES NOW, the defendant through the undersigned counsel and unto this honorable court most respectfully avers:1. That paragraph one (1) of the complaint is denied for lack of sufficient knowledge and information;2. That paragraph two (2) is admitted;3. That paragraphs three (3), four (4), five (5), six (6), seven (7) and eight (8) are denied for lack of sufficient knowledge and belief;4. That paragraph nine (9) is admitted as far as the allegation that Page Two

defendant constructed his house on the property sometime in 1985;5. That paragraph ten (10) is denied also for lack of sufficient knowledge and belief;6. That paragraph eleven (11) is admitted;

AFFIRMATIVE DEFENSES

7. That defendant acquired the property where his house is presently erected from Leo Banghal sometime in 1985;8. That defendant is a buyer in good faith considering that the time he bought the said property from Leo Banghal was free from liens and encumbrances;9. That defendant has been in possession of the said property for for more than thirty (30) years already and it is only now that plaintiffs have questioned defendants ownership of the property subject of this case;10. That under the law on prescription on real actions over immovable prescribe after thirty (30) years;

COUNTER CLAIM

11. That by reason of the filing of this baseless complaint by the plaintiffs against the herein defendant, the latter suffered wounded feelings, mental anguished and sleepless nights; hence, plaintiffs be ordered to pay Php 50,000.00 as the damages to the defendant. Page Three

12. Likewise, defendant was constrained to engage the services of counsels to defend his cause; hence, plaintiffs be ordered to pay the amount of Php 20,000.00 as attorneys fees.

PRAYER

Wherefore, defendant most respectfully prays before this Honorable Court to dismiss this instant complaint and to direct the plaintiffs to pay the defendant Php 50,000.00 as damages and Php 20,000.00 as attorneys fees.Cebu City, Philippines, September 8, 2015.

RAMON CHRISTOPHER R. NOLLORA Counsel for the defendantPTR # 88578; 1/5/2015; Cebu Prov. IBP # 555665; 1/3/2015; Cebu City Roll of Attorneys No. 789545 MCLE Compliance No. IV 001879 Unit B, 2nd Floor, Abad Centrum Junquera Street, Cebu City

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ARNEL A. PAHANONOTCounsel for the defendant PTR # 798654; 1/5/2015; Cebu Prov. IBP # 868268; 1/3/2015; Cebu City Roll of Attorneys No. 486687 MCLE Compliance No. IV 001879 Unit B, 2nd Floor, Abad Centrum Junquera Street, Cebu City

ARTHUR J. PATIGACounsel for the defendant PTR # 88578; 1/5/2015; Cebu Prov. IBP # 555665; 1/3/2015; Cebu City Roll of Attorneys No. 789545MCLE Compliance No. IV 001879 Unit B, 2nd Floor, Abad CentrumJunquera Street, Cebu City

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Gerardo AbadCounsel for the defendant PTR # 666678; 1/5/2015; Cebu Prov. IBP # 589645; 1/3/2015; Cebu City Roll of Attorneys No. 689756MCLE Compliance No. IV 001879 Unit B, 2nd Floor, Abad CentrumJunquera Street, Cebu City

VERIFICATION

I, ANDRES MABINI, of legal age, married, Filipino, and a resident of Cebu City and after having been duly sworn to in accordance with law hereby depose and say:1. That I am the defendant in this instant case;2. That I have caused the preparation of this answer;3. That I have read its contents and understood the same;4. That all the allegations contained in this answer are true and correct to the best of my knowledge and belief.

IN WITNESS WHEREOF, I have here unto set my hand this 8th day of September, 2015 at Cebu City, Philippines.

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ANDRES MABINIAffiant SUBCRIBED AND SWORN TO before me this 8th day of September in Cebu City, Philippines, affiant exhibiting to me his Drivers License No. 6789 issued by the Land Transportation Office on May 8, 2014 at the City of Cebu.

RAMON CHRISTOPHER R. NOLLORANotary Public PTR # 88578; 1/5/2015; Cebu Prov. IBP # 555665; 1/3/2015; Cebu City Roll of Attorneys No. 789545MCLE Compliance No. IV 001879 Unit B, 2nd Floor, Abad CentrumJunquera Street, Cebu City

Doc. No. 678Page No. 123Book No. 5Series of 2015.

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Copy furnished;

Cesarine Sy Bawasanta, Unit D, 2nd Floor, Capitol CentrumEscario Street, Cebu City

Sieg Sanchez SisonUnit D, 2nd Floor, Capitol CentrumEscario Street, Cebu City

Dabert Marie A. CandadoUnit D, 2nd Floor, Capitol CentrumEscario Street, Cebu City

Ruby Rose CasimiroUnit D, 2nd Floor, Capitol CentrumEscario Street, Cebu City