Answer With Counterclaim: Regional Trial Court
Answer With Counterclaim: Regional Trial Court
Answer With Counterclaim: Regional Trial Court
A N S W E R
the truth of the averments in par. 1, and, therefore, specifically denies the same;
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enumerated and copied in paragraph 6 including the certified xerox copy of TCT
No. T-257586 of the Registry of Deeds for the City of Davao, Annex “D” of the
that based on the date of entries of the encumbrances, the plaintiffs are not
purchasers in good faith, or that they will acquire the lot subject to the
encumbrance in favor of defendant Kar Asia, Inc. and the deeds of sale of the
covered by the Notice of Levy and writ of attachment refer to Marcelo Guevara,
Jr., but asserts that on the day that the registration of the encumbrances were
made, Marcelo Guevara, Sr. was already dead, and, therefore, Marcelo Guevara, Jr.
the reasons stated in paragraphs 3 (a) and (b), 4 and 5 above, and that plaintiffs
have not made sufficient allegations in their complaint to justify the issuance of a
preliminary writ of injunction or restraining order, much less entitle them to the
issuance of said writ since they have neither alleged nor proved in the annexes to
the complaint that they have a clear and unmistakable right to protect as further
pleading;
12, for this Honorable Court cannot in this proceedings declare its claims on the
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procedurally improper, despite their claim that “plaintiffs had been in actual
Attachment and the Notice of Levy in Civil Case No. 27436-99 entitled: Kar Asia,
Inc. and Karpentrade, Inc. vs. Marcelo Guevara, Jr. were inscribed in the
28, 2000 at 10:55 a.m., so that this allegation itself is self-defeating of the cause
of action of plaintiffs;
restraining order;
Marcelo Guevara, Sr., especially because TCT No. T-257586 is still registered in
the name of Marcelo Guevara and his wife Precenciosa Baluyos, and Karpentrade,
Inc., one of the plaintiffs in the aforementioned Civil Case No. 27436-99.
C O U N T E R C L A I M
the foregoing answer and the allegations in the affirmative and special defenses,
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corrective and exemplary damages should be adjudged against the plaintiffs in the
R E L I E F
sum of P50,000.00 in concept of attorney’s fee and the further sum of P15,000.00
pay to defendant the sum of P25,000.00 for each of them in concept of corrective
Defendant prays for such further legal and equitable relief as may be just
By:
BIENVENIDO D. CARIAGA
Counsel for Defendant Kar Asia, Inc.
IBP 522272-Davao City-12/29/00
V E R I F I C A T I O N
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He is the President and CEO of defendant Kar Asia, Inc., and duly
authorized to verify this answer with Counterclaim;
He has read the same and alleges that the contents thereof are true and
correct of his own personal knowledge and based on authentic records.
CELESTINO S. BARRETTO