Republic of the Philippines

7th Judicial Region

METROPOLITAN CIRCUIT TRIAL COURT
DAUIS-PANGLAO
DAUIS,BOHOL

CHRISTINA LAGDAMEO
Plaintiff,

-versus- CIVIL CASE No. Q-12345

For: RECOVERY OF POSSESSION AND
OWNERSHIP OF REAL PROPERTY

SPS. EPIFANIO LAGDAMEO and

MERCEDITA LAGDAMEO
Defendants.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x

ANSWER WITH AFFIRMATIVE DEFENSES AND COUNTERCLAIM

COMES NOW THE DEFENDANTS Spouses Epifanio Lagdameo and

Mercedita Lagdameo, through their undersigned counsel, and unto this Honorable
Court most respectfully submits that:

1. DEFENDANT ADMITS the allegations in paragraph 1 as it relates to the

personal circumstances of the Plaintiff.

2. DEFENDANT ADMITS the allegations in paragraph 2 insofar as it relates to

their personal circumstances

3. DEFENDANT specifically DENIES the allegations in paragraph 3 since

Christina Lagdameo did not live with them and Oswald Lagdameo, when the
latter was living with them starting from the year 1980 up until March 3, 2000.
It was only sometimes on December 1999 that the Plaintiff came to Panglao
to introduce herself as the illegitimate daughter of Oswald and immediately
left without staying with them.

4. DEFENDANT specifically DENIES the allegations in paragraph 4 for the

reason that Oswald did not pursue the adoption proceedings because he was
not convinced that Christina was her child in contrary to the Plaintiffs
narration of the facts.

5. DEFENDANT ADMITS the averments in paragraph 5 and 6 insofar as the

technical description of the parcels of land in question are concerned.

6. DEFENDANT DENIES the allegation in paragraph 7 insofar as using force

and intimidation were used in removing the tenants from the properties in
question. They assert that they have the right to remove the tenants therein
for they are owners of the said properties.
7. DEFENDANT vehemently DENIES as to the truth and legal basis of the
Plaintiffs claims of her title over the properties as averred in paragraphs 8,9,
and 10 of the complaint.

By way of affirmative defenses, the Defendant avers:

8. That Oswald did not recognize Christina as his illegimate child as evidenced
by his non pursuance of the adoption proceedings since he was not
convinced as to the truth of Christinas claim.

9. That Oswald and Santiago Lagdameo were living them since 1980 and both
were under their care since the two were both sickly and had to be
hospitalized frequently due to poor health. Oswald and Santiago could not
have personally cultivated the lands due to their health condition and had to
ask for help from the spouses in order to cultivate the parcels of land.

10. It is further claimed by the Defendants that they have been in actual,
exclusive, constant occupation of the 3 parcels of land since 1983.

11. The Defendants also claim that Oswald Lagdameo voluntarily relinquished his
rights over the properties by executing a Deed of Donation in favor of the
DEFENDANTS which was duly notarized. (Attached is a copy of the Deed of
Donation marked as Exhibit 1)

12. Furthermore, the Plaintiff was never in possession of the properties and thus
she was not deprived of anything contrary to her allegations in the complaint.

By way of counterclaim, the Defendant alleges:

13. The Defendants have suffered mental anguish due to the baseless filing of
the complaint by herein Plaintiff. They claim the amount of FIFTY
THOUSAND PESOS (P50,000) as moral damages. LIkwise, by affording the
services of counsel in order to refute the baseless allegations by herein
Plaintiff the Defendants claim attorneys fees and litigation expenses of FIFTY
THOUSAND PESOS (P50,000).
 PRAYER

WHEREFORE, in view of the foregoing, Defendants most respectfully prays:

a. That the complaint against them be dismissed.

b. That the counterclaim be awarded to them and for such other remedies and
reliefs as may be deemed just and equitable under the premises.

November 17, 2014. Tagbilaran City, Bohol

ATTY. LOUIE G.UY

Counsel for Plaintiff
Tagbilaran City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-123456

VERIFICATION

We, Epifanio Lagdameo and Mercedita Lagdameo, both Filipino citizens, and
both of legal age, and residing at 123 Poblacion, Pangalo, Bohol after having been duly
sworn in accordance with law, hereby depose and state that We, the defendants in the
present case; caused the preparation of the foregoing Answer; that we have read and
understood the contents thereof and that the same are true and correct as to the best of
our knowledge and belief.

November 17, 2014. Tagbilaran City, Bohol,

Epifanio Lagdameo
Defendant
CTC No. B-124843
Issued at Tagbilaran City
On June 10, 2014

Mercedita Lagdameo
Defendant
CTC No. B-124843
Issued at Tagbilaran City
On March 3, 2014

Copy furnished:
ATTY. LAWRENCE LOUIE G. UY
Tagbilaran City

DONATION INTER VIVOS

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF DONATION, made and executed in the City of Tagbilaran, Bohol ,
Philippines,by:
Oswald Lagdameo, Filipino, of legal age and resident of 123 Poblacion, Panglao,
Bohol, Philippines, hereinafter called the DONOR.

---In favor of---

Epifanio Lagdameo and Mercedita Lagdameo, both of legal age and residents
of 123 Poblacion, Panglao, Bohol, Philippines, hereinafter called the DONEES,

WITNESSETH
That the DONOR is the owner of three parcels of land more particularly
described thus:
TD No. 29-021-0081
Lot No. 2807-Part
Cad-705-D
300 Square Meters
Assessed Value 12,000
Bounded in the North by Lot 1809
In the East by Lot 2379
In the South West by Lot 2374
In the West by Lot 2753

TD No. 29-021-0079
Lot No. 2104-Part
Cad-705-D
275 Square Meters
In the East by Lot 2380
North East by Lot 1809 and Lot 1809
In the South by Lot 1823

TD No. 29-021-00180
Lot No. 2809-Part
Cad-305-D
700 Square Meters
Assessed Value 15,000
Bounded in the North by Lot owned by Marcelo Arbilo
and Fatima Incog
In the East by Lot owned by Catalino Arancon
In the South by Lot owned by Estefani Estoquia
In the West by Lot owned by Salos Inobongo

That for and in consideration of the love and affection of the DONOR for the
DONEES, the said DONOR by these presents, cedes, transfers and conveys, by way of
DONATION INTER VIVOS, unto said DONEES the real properties above described,
free and clear of all liens and encumbrances.
 That the DONOR do hereby state, for the purpose of giving full effect to this
donation; that he has reserved unto himself in full ownership other property sufficient to
support himself in a manner appropriate to his station.

A C C E P T A N C E

That the DONEES does hereby accept the foregoing donation of the above-
described property for which he expresses his sincerest appreciation and gratitude for
the kindness and liberality shown by the DONORS.

IN WITNESS WHEREOF, the DONOR and the DONEES have hereunder

subscribed their names this 1st day of April 1994 at Tagbilaran City, Bohol, Philippines.

Oswald Lagdameo Epifanio Lagdameo

Donor Donee

Mercedita Lagdameo
Donee

WITNESSES

Juan dela Cruz John Doe

 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

City of Tagbilaran )SS.

X-----------------------X

BEFORE ME, a Notary Public for and in the City of Tagbilaran, Bohol, Philippines this 1 st
day of April 1994 personally appeared Oswald Lagdameo with his Voters ID issued at
Tagbilaran City, Bohol on August 5, 1990 known to me and to me known to be the same
person who executed the foregoing instrument and he acknowledged to me that the
same is his own free and voluntary act and deed.

ATTY. LOUIE G. UY
Counsel for Plaintiff
Tagbilaran City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-1234567

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 1994.