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    Answer With Cross-Claim

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    Dione Guevara
    1. Edward Magalgalit files an answer to a complaint brought against him admitting some allegations but denying or providing qualifications to others. He also files a cross-claim against Spouses Castro. 2. In the cross-claim, Magalgalit argues that while he agreed to sell property covered by a title to the Castros, the sale was never completed because the Castros did not pay. He also argues that a deed of sale transferring the property to the Castros is forged and should be cancelled. 3. Magalgalit requests that the court dismiss the complaint against him, cancel the title issued based on the forged deed, issue a new title in his name, order the Castros to

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    Answer With Cross-Claim

    Uploaded by

    Dione Guevara
    2K views6 pages
    1. Edward Magalgalit files an answer to a complaint brought against him admitting some allegations but denying or providing qualifications to others. He also files a cross-claim against Spouses Castro. 2. In the cross-claim, Magalgalit argues that while he agreed to sell property covered by a title to the Castros, the sale was never completed because the Castros did not pay. He also argues that a deed of sale transferring the property to the Castros is forged and should be cancelled. 3. Magalgalit requests that the court dismiss the complaint against him, cancel the title issued based on the forged deed, issue a new title in his name, order the Castros to

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    Answer With Cross-claim

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    1. Edward Magalgalit files an answer to a complaint brought against him admitting some allegations but denying or providing qualifications to others. He also files a cross-claim against Spouses Castro. 2. In the cross-claim, Magalgalit argues that while he agreed to sell property covered by a title to the Castros, the sale was never completed because the Castros did not pay. He also argues that a deed of sale transferring the property to the Castros is forged and should be cancelled. 3. Magalgalit requests that the court dismiss the complaint against him, cancel the title issued based on the forged deed, issue a new title in his name, order the Castros to

    Copyright:

    © All Rights Reserved
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    2K views6 pages

    Answer With Cross-Claim

    Uploaded by

    Dione Guevara
    1. Edward Magalgalit files an answer to a complaint brought against him admitting some allegations but denying or providing qualifications to others. He also files a cross-claim against Spouses Castro. 2. In the cross-claim, Magalgalit argues that while he agreed to sell property covered by a title to the Castros, the sale was never completed because the Castros did not pay. He also argues that a deed of sale transferring the property to the Castros is forged and should be cancelled. 3. Magalgalit requests that the court dismiss the complaint against him, cancel the title issued based on the forged deed, issue a new title in his name, order the Castros to

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    Republic of the Philippines

    REGIONAL TRIAL COURT


    First Judicial Region
    Branch ___
    Baguio City
    KRSITINE BADUA,
    Plaintiff,
    - versus -

    Civil Case No. ___________

    For: SPECIFIC
    PERFORMANCE, EDWARD MAGALGALIT, Spouses MARIA
    ANNULMENT OF SALE, and JUAN CASTRO, and the REGISTER
    RECONVEYANCE AND
    OF DEEDS of BAGUIO CITY;
    DAMAGES with
    application
    Defendants.
    for Preliminary
    Injunction
    and a TEMPORARY
    x----------------------------------------------------------x
    RESTRAINING
    ORDER

    ANSWER WITH CROSS-CLAIM


    COMES NOW the defendant EDWARD MAGALGALIT, by the undersigned
    counsels, in the above-entitled case and to this Honorable Court, most
    respectfully state:
    1. That he ADMITS the allegations in pars. 1, 2, 4, 6, 8, 9, 10, 11, 12, 13,
    14 of the Complaint;
    2. That he also ADMITS the allegations in par. 3 of the Complaint with the
    qualification that the transfer and waiver to herein defendant was genuine, valid
    and authentic and that he thereafter pursued TSA No. 131102 in his own name
    to the exclusion of any and all others including the CASTRO spouses and of
    Amor Castro;
    3. That he ADMITS the allegations in par. 5 of the complaint with the
    qualification that the CASTRO spouses took the payment from the plaintiff
    because they demanded it as the consideration for their transferring and
    waiving the TSA application to the herein defendant and for which reason he

    agreed as he was then firmly assured that TSA No. 131102 was solely and
    completely his own and for his exclusive use and benefit;
    4.

    That the herein defendant ADMITS the allegations in par. 7 of the

    complaint and states in addition thereto that he also allowed the CASTRO
    spouses to build on the said property as they assured him that he would be paid
    for the value of the property constructed thereon by the CASTRO spouses once
    the title to the same is issued by the DENR;
    5.

    That the herein defendant ADMITS the allegations in pars. 15 of the

    complaint but states further that he did not inform the plaintiff that OCT No. P2158 of the Register of Deeds of Baguio had been issued in his name because
    the CASTRO spouses told him that this should be done after they paid him the
    value of the property covered by OCT No. P-2158 and that they would be the
    ones who would deal with the plaintiff as they intimated an intention to exact
    additional amounts from the said plaintiff before they would execute a deed of
    transfer over the portion occupied by him even if the truth is that he had already
    fully paid for the same;
    6.

    That the herein defendant DENIES the allegations in par. 16 the

    truth of the matter being that the DEED OF ABSOLUTE SALE dated May 3, 2008
    mentioned therein is NULL AND VOID and without force and effect, because:
    a.

    There was no consideration for the same. The CASTRO spouses


    promised to pay the herein defendant the fair market value of the
    said property but no payments have actually been made to the
    present;

    b.

    That because of the refusal of the herein defendant to execute a


    Deed of Absolute Sale unless he is first paid, his signature as
    appearing above his name in the said DEED OF ABSOLUTE SALE
    dated May 3, 2008 was forged and in fact the CTC number
    appearing therein is not even his, as he did not obtain the same;

    c.

    That the herein defendant never appeared before any Notary Public
    in order for the notarization of the said DEED OF ABSOUTE SALE
    dated May 3, 2008;

    7.

    That the herein defendant DENIES the allegations in pars. 17 and 18

    as he had no prior knowledge that the CASTRO spouses would falsify a DEED OF
    ABSOLUTE SALE transferring to them the property covered by OCT No. P-2158
    which is owned by the herein defendant, nor did he have any knowledge nor
    give his consent that the said forged and falsified document be used to cause
    the cancellation of OCT No. P-2158 in order that a new one be issued depriving
    him of the said property and causing his damage and prejudice;
    He agrees as alleged in par. 18 of the complaint that the supposed
    transfer of the said property from the herein defendant to the CASTRO spouses
    is false, forged, falsified and simulated;
    8.

    That the herein defendant has no knowledge of, nor has any

    participation in, any of the acts described in pars. 19 and 20 of the complaint;

    By way of
    CROSS-CLAIM
    9.

    That the herein defendant hereby reproduce and reiterates all the

    foregoing allegations as far as they may be relevant hereto;


    10.

    That while the herein defendant had in principle agreed to sell the

    property covered by OCT No. P-2158 to the CASTRO spouses, no such sale had
    ever been consummated considering that said CASTRO spouses had not paid
    nor even ever made any valid tender to pay for the said property;
    11.

    That the DEED OF ABSOLUTE SALE dated May 3, 2008 purportedly

    transferring the property covered by OCT No. P-2158 to the CASTRO spouses is
    false, forged and falsified and should be held to be of no force and effect and
    should subject the CASTRO spouses to criminal liability for causing the execution
    of the same;

    12.

    Considering that the DEED OF ABSOLUTE SALE dated May 3, 2008 is

    null and void, the title issued pursuant thereto which is TCT No. T-68587 of the
    Register of Deeds of Baguio is also null and void and should be cancelled and a
    new one be issued in the name of the herein defendant who is the true owner
    thereof;
    13.

    That because of the foregoing actuations of the CASTRO spouses,

    the herein defendant has been unnecessarily dragged into the present litigation
    and has compelled him to engage the services of counsel to protect and defend
    his interest;
    14.

    That also because of the foregoing actuations of the CASTRO

    spouses the herein defendant has not only been dragged into the present
    litigation but he stands to lose his property covered by OCT No. P-2158 and
    which has caused him great anxiety and worry and for which he should be
    entitled to moral damages in an amount no less than P500,000.00;
    15.

    That the herein defendant is ready and willing if ordered by the

    Honorable Court to do so, to execute any deed or document that shall recognize
    the right of the plaintiff over the portion of the afore-said property which was
    validly purchased by him and so as to enable him to transfer the said portion
    consisting of 100 square meters in his name and ownership.

    PRAYER
    WHEREFORE and in view of all the foregoing, it is most respectfully prayed
    that:
    a. The complaint against the herein defendant be DISMISSED as he is not
    responsible for the acts complained about by the plaintiff and he stands ready,
    willing and able to transfer to the plaintiff the portion consisting of 100 square
    meters which was validly sold to him and to execute any and all deeds and
    documents necessary to do so and also to abide by any orders or decisions of
    the Honorable Court relative thereto;
    b. To declare TCT No. T- 68587 of the Register of Deeds null and void;

    c. To order the Register of Deeds of Baguio to issue a new title in lieu of


    TCT No. T- 68587 and in the name of the herein defendant EDWARD
    MAGALGALIT;
    d. To order the FORES spouses to immediately vacate the premises
    covered by TCT No. T- 68587 unless they would, within a reasonable period
    determined by the Honorable Court, pay for the market value of the same,
    excluding that portion which pertains to the plaintiff, and also pay the
    reasonable amount of rental value for the said property from 1993 to the
    present at an amount not less than P15,000.00 a month;
    e. That in addition to the foregoing, to order the FORES spouses to pay to
    the herein defendant the following:
    1. attorneys fees in an amount no less than P150,000.00;
    2. litigation costs and expenses as shall be proven in court;
    3. moral damages in an amount not less than P500,000.00;
    4. For the CASTRO spouses to pay the costs of the present suit; and
    5. Granting to the herein defendant such other and further relief as may
    be just and equitable in the premises.
    Baguio City, Philippines this 20th of September, 2011.
    RHEINA B. LAPEA
    Counsel for the Defendant
    B-319, 3/F, Lopez Building
    Session Road, Baguio City
    Roll No. 60885
    PTR No. 1641702, 01-02-11, B.C.
    IBP No. 643425, 01-02-11, B.C.
    MCLE Compliance No. III 0003991-June 22, 2010

    VERIFICATION AND CERTIFICATION


    Republic of the Philippines)
    City of Baguio....................) S.S.
    I, EDWARD MAGALGALIT, after being sworn to in accordance with law,
    depose and say: That he is the defendant/cross claimant in the above-entitled
    case; that he has caused the above answer with cross-claims to be prepared and
    has read and knows the contents thereof; that the allegations therein are true of
    his own knowledge.
    That he hereby certifies that:

    a) The he has not heretofore commenced any other action or proceeding


    involving the same issues in the Supreme Court, the Court of Appeals,
    or any other tribunal or agency;
    b) That to the best of his knowledge, no such action or proceeding is
    pending in the Supreme Court, the Court of Appeals, or any other
    tribunal or agency;
    c) That if he should thereafter learn that a similar action or proceeding
    has been filed or is pending before the Supreme Court, the Court of
    Appeals, or any other similar action or proceeding, he undertakes to
    report that fact within five (5) days therefrom to this Honorable Court.
    EDWARD MAGALGALIT
    Affiant
    SUBSCRIBED AND SWORN to before me this 20 th day of September, 2011
    in the City of Baguio, Philippines, by affiant with his Voters ID bearing No.
    XY238176930 issued at Baguio City on January 2007.
    Doc. No. 21;
    Page No. 5;
    Book No. II;
    Series of 2011.
    2011

    RHEINA B. LAPEA
    Notary Public
    N.A. No. 33-NC-05 (R)
    Commission expires on December 31,
    R.O.A. No. 60885
    PTR No. 1641702, 01-02-11, B.C
    IBP No. 643425, 01-02-11, B.C.
    B-319, 3/F, Lopez Bldg., Session Rd., Baguio City

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