answer_magcasocase draft 3

8/19/2019 Answer_MagcasoCase Draft 3

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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTBRANCH __

MAKATI CITY

RESTITUTO D. MAGCASE, JR.,ET. AL.,

Plaintifs,

- versus - CIVIL CASE NO. __

AMBROSE M. AZUCENA,Deendant.

xx-- -- -- -- -- -- -- -- -- -- -- -- --xx

ANSWER WITH AFFIRMATIVE DEFENSESAND COUNTERCLAIM

Now comes the DEFENDANT Am!"#$ %BU& M. A'()$*+ inthe above-entitled case, by his undersigned counsel,respectfully shows:

ADMISSIONS AND DENIALS

! That "aragraphs , #, $, %, &, and ' of the (omplaintare admitted)

#! That "aragraph * of the (omplaint is admitted onlyinsofar as to the date, age, place of death, and personalcircumstances of the DE(EDENT M+!*" M. M+)+#$,


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but that the allegation contained therein is speci+callydenied for lac of information or nowledge sucient toform a belief as to its veracity or falsity, the truth beingthat, despite allegations of the ".A/NT/FF0 that 1el-Air"roperty was included in the estate of the DE(EDENT,the O!$! "/ B!+*)0 12 "/ 30$ R$"*+4 T!+4 C"(!3"/ S+* P+4" C35 +3$ 67 N"8$m$! 2969 hasalready provided that:

23n whether the 1el-Air and Alabang propertiesshould be included in the estate of 4arino4agcase, this (ourt holds the view that in view of the undisputed fact that the said properties were

already disposed of during the lifetime of 4arino4agcase and long before his death, 30$ #+m$#0"(4 *" 4"*$! $ *)4($ * 30$ $#3+3$ "/ 30$ $)$$*3 /"! #$334$m$*3 +m"* 30$ 0$!#555 6cf! "aragraph , "age #, 3rder dated &November #778!9 6Emphasis supplied8

A copy of the O!$! +3$ 67 N"8$m$! 2969 ishereto attached and mared as A**$x %7& and made

an integral part hereof)

$! That "aragraph of the (omplaint is speci+cally deniedfor being unsubstantiated and for lac of information ornowledge sucient to form a belief as to the veracityor falsity of the allegation, the truth being that stated inthe Armative Defenses below)

%! That "aragraph ; of the (omplaint is speci+cally deniedfor being irrelevant to the issues raised by the".A/NT/FF0)

&! That "aragraph 7 of the (omplaint is speci+callydenied for being unsubstantiated and for lac of information or nowledge sucient to form a belief asto the veracity or falsity of the allegations)


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'! That "aragraphs , #, and $ of the (omplaint isspeci+cally denied for being irrelevant to the issuesraised by the ".A/NT/FF0)

*! That "aragraph % of the (omplaint is admitted onlyinsofar as to the fact that G(++4(:$ M. A'()$*+ wasthe DE(EDENT


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e5ecuted in #77, the personal physician of DE(EDENT4arino 4! 4agcase, Dra! 4aria Asuncion, averred thatthe best person to attest to the mental health of theDE(EDENT was a neurologist and it was precisely dueto this reason that the e5ecution of the Deed of Donation was moved to a latter date to accommodatethis averment as laid down in the A;+83 "/ J($B$*8$*" V. R$5$# +3$ < O)3"$! 2962, andnot because DE(EDENT said 2No9 to the Deed of Donation as alleged by ".A/NT/FF0!

A copy of the A;+83 +3$ < O)3"$! 2962 ishereto attached and mared as A**$x %1&, and made

an integral part hereof)

$! That "aragraph #7 is admitted only insofar asthere was a recognition that a neurologist would be thebest person to attest to the soundness of DE(EDENT


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&! That "aragraph ## of the (omplaint is speci+callydenied for being irrelevant to the issues raised by the".A/NT/FF0)

'! That "aragraph #$ of the (omplaint is speci+callydenied for being patently false, the truth being that".A/NT/FF0 have e5pressly admitted that one of thosethey represent in the instant (omplaint, particularlyW4/!$" M+)+#$, leases and occupies the 1el-Air"roperty and acnowledges the herein DEFENDANT asowner and lessor of the 1el-Air "roperty, contrary to the(omplaint, as shown by a 0+*>!33$* *"3$ +3$21 F$!(+!5 2962, to wit:

2/ am sending to +rst ' checs =an, Feb, 4arch,April, 4ay, =une #7# for 1el-Air rental! >ill sendthe rest ne5t time! 5559

A copy of the 0+*>!33$* *"3$ +3$ 21 F$!(+!52962 is hereto attached and mared as A**$x %?&,and made an integral part hereof)

'! That the acnowledgment of DEFENDANT


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surprised, there was a conse?uent recognition of thecancellation of Transfer (erti+cate of Title 6T(T8 No!$'$ @0-##*# and the issuance of T(T No!##&;%)

*! That "aragraph #% of the (omplaint is speci+callydenied for being patently false, unsubstantiated, andfor lac of information or nowledge sucient to form abelief as to the veracity or falsity of the allegations, thetruth being that, contrary to the allegations of the".A/NT/FF0, the DE(EDENT


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26#8 Those where the consent is vitiated bymistae, violence, intimidation, undueinBuence or fraud!9 6Emphasis supplied8

Cerily, assuming arguendo that the Deed of Donationsuers from 2having been e5ecuted and signed underundue duress and inBuence from the family of thedefendant,9 the same is not void ab initio but is, in fact,a voidable contract, which is 2binding, unless they areannulled by a proper action in court! They aresusceptible of rati+cation 6Art! $;7, (ivil (ode of the"hilippines8!9

1e that as it may, the (omplaint must be dismissed forlac of cause of action)

;! That "aragraph #' of the (omplaint is speci+callydenied for being patently false, mere conclusions of factand law, unsubstantiated, and for lac of information ornowledge sucient to form a belief as to the veracityor falsity of the allegations, the truth being stated in theArmative Defenses below)

#7! That "aragraph #* of the (omplaint is speci+callydenied for being unsubstantiated, misleading, mereconclusions of fact and law, and for lac of informationor nowledge sucient to form a belief as to theveracity or falsity of the allegations, the truth being thatthe ".A/NT/FF0 contradict themselves by averring that2he left no will but had substantial assets9 in "aragraph# of their (omplaint!

4oreover, the O!$! "/ B!+*)0 12 "/ 30$ R$"*+4T!+4 C"(!3 "/ S+* P+4" C35 +3$ 67 N"8$m$!2969 6A**$x %7&8 e5pressly provides that 2there areother properties that have been discovered and whichare not included in the inventory and not mentioned inthe (ompromise Agreement,9 which proves that


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DE(EDENT 4arino 4! 4agcase did have otherproperties and sucient funds in his accounts at thetime of the e5ecution of the Deed of Donation contraryto the allegations of the ".A/NT/FF0)

#! That "aragraph # of the (omplaint is speci+callydenied for being unsubstantiated, mere conclusions of fact and law, and for lac of information or nowledgesucient to form a belief as to the veracity or falsity of the allegations, the truth already being stated in"aragraph % of this A*#>$! >30 S:$)+4 +*A;!m+38$ D$/$*#$# +* C"(*3$!)4+m 6A*#>$!8)

##! That "aragraph #; of the (omplaint is speci+callydenied for being patently false, and for lac of information or nowledge sucient to form a belief asto the veracity or falsity of the allegations, the truthbeing that it was they who patently admitted toe5cusing themselves when they were invited byDEFENDANT to visit the DE(EDENT 4arino 4! 4agcaseas evidenced by the C"m:4+*3# A**$x$# %C& +*%D&, respectively, to wit:

2A few wees after, / got another call from 1ubut / declined to come to the house of Tito4arin because / had a very bad cough 5556A**$x %C&89

2The ne5t time / was invited by 1u to go to4arino


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conclusions of fact and law, misleading, and for lac of information or nowledge sucient to form a belief asto the veracity or falsity of the allegations, the truthbeing stated in the Armative Defenses below)

#%! That "aragraph $ of the (omplaint is speci+callydenied for being patently false, misleading, and for lacof information or nowledge sucient to form a belief as to the veracity or falsity of the allegations, the truthbeing stated in the Armative Defenses below)

#&! That "aragraph $# of the (omplaint is speci+callydenied for being patently false, unsubstantiated, mere

conclusions of fact and law, and for lac of informationor nowledge sucient to form a belief as to theveracity or falsity of the allegations, the truth beingstated in the Armative Defenses below)

#'! That "aragraph $$ of the (omplaint is speci+callydenied for being patently false, unsubstantiated,hearsay, mere conclusions of fact and law, misleading,and for lac of information or nowledge sucient to

form a belief as to the veracity or falsity of theallegations, the truth being stated in the ArmativeDefenses below)

#*! That "aragraph $% of the (omplaint is speci+callydenied for being irrelevant to the issues raised by the".A/NT/FF0)

AFFIRMATIVE DEFENSES


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#! That TCT N". 227


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of 4aati was issued in favor of the hereinDEFENDANT!

A copy of TCT N". 227


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#;! That TCT N". 227


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$7!# That, by virtue of the abovementioned Gurisprudence,the absence of DE(EDENT


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reasonable freedom of choice! The followingcircumstances shall be considered: the con+dential,family, spiritual and other relations between theparties, or the fact that the person alleged to havebeen unduly inBuenced was suering from mentalweaness, or was ignorant or in +nancial distress,9and 2that the 0upreme (ourt consistently applied theancient rule that if the plainti, upon whom rests theburden of proving his cause of action, fails to show ina satisfactory manner facts on which he bases hisclaim, the defendant is under no obligation to provehis e5ception or defense!9

$!# That the DE(EDENT


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donation, is insucient to prove fraud nor mae it avoidable donation)

$!* That, assuming arguendo that the D$$ "/ D"*+3"* +3$ 6 F$!(+!5 299


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D$)$m$! 2962 constitute an estoppel on the partof the ".A/NT/FF0 as provided for by S$)3"* 2,R(4$ 616, "/ 30$ R(4$# "/ C"(!3, to wit:

2555 >henever a party has, by his owndeclaration, act, or omission, intentionally anddeliberately led another to believe a particularthing is true, and to act upon such belief, hecannot, in any litigation arising out of suchdeclaration, act or omission, be permitted to falsifyit!

2The tenant is not permitted to deny the title of his

landlord at the time of the commencement of therelation of landlord and tenant between them!9

$! That A!3)4$ 61 "/ 30$ C84 C"$ "/ 30$P04::*$# also provides that, 2@a lessee or abailee is estopped from asserting title to the thingleased or received, as against the lessor or bailor)9

$!# That, by virtue of the abovementioned provisions

of law, ".A/NT/FF0 are estopped from denying thetitle of DEFENDANT)

#;! That, moreover, donation inter vivos may berevoed only for the reasons provided in A!3)4$# ?9,?, +* ?7 "/ 30$ C84 C"$ "/ 30$ P04::*$#)the instant (omplaint, having not alleged, much lessshow, any of the grounds for revocation of a donationinter vivos, must, therefore, be dismissed for lac of cause of action)

COMPULSORY COUNTERCLAIM

$7! That due to the unwarranted and malicious +lingof the instant (omplaint, the DEFENDANT suered


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mental anguish, serious an5iety, sleepless nights, andbesmirched reputation for which the ".A/NT/FF0 shouldbe adGudged to pay the DEFENDANT moral damages inthe amount of Five Iundred Thousand "esos6"&77,777!778)

$! That due to the precipitate and baseless initiationby the ".A/NT/FF0 of the instant (omplaint, the soleploy of which to enrich themselves at the e5pense andinconvenience of the defendant, the ".A/NT/FF0 shouldbe adGudged to pay the defendant e5emplary damagesin the amount of Five Iundred Thousand "esos6"&77,777!778) and

$#! That due to the ".A/NT/FF0< instant unwarrantedand malicious (omplaint, the DEFENDANT incurred incosts of litigation and was constrained to engage theservices of legal counsel in the amount of Five Iundred

Thousand "esos 6"&77,777!778!

PRAYER

WHEREFORE, it is respectfully prayed that after duehearing, Gudgment be rendered as follows:

a! 3rdering the dismissal of the (omplaint for lac of cause of action on the part of the ".A/NT/FF0 againstthe DEFENDANT)

b! 3rdering the ".A/NT/FF0 to pay the DEFENDANT thesum of Five Iundred Thousand "esos 6"&77,777!778 forand as moral damages)

c! 3rdering the ".A/NT/FF0 to pay the DEFENDANT thesum of Five Iundred Thousand "esos 6"&77,777!778 forand as e5emplary damages)


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d! 3rdering the ".A/NT/FF0 to pay the defendant the sumof Five Iundred Thousand "esos 6"&77,777!778 for andas attorney


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"!T!! No! #$%&'*, 7J7#J#7#, 4aati (ity/!1!"! No! $%&'*, 7J#%J#7, 4aati (hapter

Admitted to the "hilippine 1ar in #77

PAOLO RICASIOoll of Attorneys No! ;%&'

"!T!! No! $%&'*;, 7J7#J#7#, 4aati (ity/!1!"! No! %&'*;, 7J#%J#7, 4aati (hapter

Admitted to the "hilippine 1ar in #77

VERIFICATION AND CERTIFICATIONAGAINST FORUM SHOPPING


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/, AMBROSE BU M. AZUCENA, of legal age, Filipino, withaddress at cJo L, M, Oed .aw Firm, #JF $%& 0i5th 0treet,0eventh Cillage, 4aati (ity, 4etro 4anila, after having beenduly sworn in accordance with law, do hereby depose andstate that:

! / am the defendant in the instant case)

#! / have cause the preparation of the foregoing, which /have read and understood, the contents of which are alltrue and correct of my personal nowledge andJorbased on authentic records) and

$! / further certify that / have not heretofore commencedany action involving the same issues in the 0upreme(ourt, the (ourt of Appeals, or dierent divisionsthereof, or any other tribunal or agency) to the best of my nowledge, no such other action or proceeding ispending in the 0upreme (ourt, the (ourt of Appeals, ordierent divisions thereof, or any other tribunal oragency) and, if / should hereafter learn that a similar

action or proceeding has been +led or is pending beforethe 0upreme (ourt, the (ourt of Appeals, or dierentdivisions thereof, or any other tribunal or agency, /undertae to promptly inform this Ionorable (ourtwithin +ve 6&8 days therefrom!

AFFIANT FURTHER SAYETH NAUGHT.

AMBROSE BU M. AZUCENA Aant

SUBSCRIBED AND SWORN to before me this *th day of 3ctober #7#, personally nown to me as such, aant e5hibitingto me his "assport No! E1$7;7#;7, issued in .ucena (ity, andvalid until =uly #7'!

Doc! No! PP


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"age No! PP 1oo No! PP 0eries of #7#

answer_magcasocase draft 3

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