Republic of the Philippines

REGIONAL TRIAL COURT

Branch 8
Malaybalay City, Bukidnon

NICANOR B. CARAMBA II,

Plaintiff,

Civil Case no. 4010-17

-versus-
For: Quieting of Title

SILVER PENNY CARE LENDING

CORPORATION,
Defendant.

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REPLY
PLAINTIFF, by counsel, unto this Honorable Court
respectfully avers:

1. That the plaintiff is the lawful possessor of the subject

real properties since 2007. As a possessor thereof, he is
entitled to take necessary legal actions to protect his
right. Hence, the allegation of the defendant that the
instant case should be dismissed for absence of legal
personality to file the complaint is without merit;

2. The plaintiff is a real party-in-interest. A party-in-

interest is the party who stands to be benefited or
injured by the judgment in the suit, or the party entitled
to the avails of the suit. Clearly, the plaintiff will be
benefited or injured in the resolution of the instant
action as he is the possessor of the subject real
properties. He has been cultivating the land and planting
root crops such as cassava and corn. Moreover, he
introduced improvements thereof by erecting perimeter
fences to protect the properties from intruders. Again,
the plaintiff is a party-in-interest;
 3. Any person-in- interest is allowed to take legal remedies
when his right or interest is prejudiced or endangered.
Correspondingly, not only the owner of the real property
but also any person having interest over the real
property may seek relief before the court of justice to
protect his right or his interest therein;

4. That the subject properties were subjected to real estate

mortgage within the prohibitory period provided under
Section 118 of Commonwealth Act 141. Therefore, the
encumbrance in favor with the herein defendant is
unlawful. In effect, the approval of the DENR, as
appearing in the title under the memorandum of
encumbrance, is void for being contrary to law.

5. That it is notable that the plaintiff has paid the necessary

filing and docket fees, therefore, the Honorable Court did
not err in acquiring jurisdiction over the subject matter.
Dismissal warrants only when there is non-payment of
docket fees and not when the complainant pays or has
paid the docket fees. It is absurd to dismiss the case for
failure to pay the docket fees when it is apparent that
payment has been made;

6. That the rule on payment of docket fees has, in some

instances, been made subject to the rule on liberal
interpretation. Thus, in a case, it was held that while the
payment of the required docket fee is a jurisdictional
requirement, even its non-payment at the time of filing
does not automatically cause the dismissal of the case,
as long as the fee is paid within the applicable
prescriptive or reglementary period. (PAGCOR v. Lopez,
474 SCRA 76). Also if the amount of docket fees is
insufficient considering the amount of the claim, the
party filing the case will be required to pay the
deficiency, but jurisdiction is not automatically lost
(Rivera v. Del Rosario, 419 SCRA 626).

Wherefore, premises considered, it is prayed for this

Honorable Court to DENY the prayer of defendant to dismiss
the instant case for lack of merit. Further, it is also prayed for
that after due notice and hearing, an order be issued
declaring the real estate mortgage contract executed by the
grantee/holder of patents in favor to defendant be quiet for it
created and will create cloud or doubt to the possession of
plaintiff over the real properties.

Other reliefs and remedies just and equitable under the

premises are likewise prayed for.

Cagayan de Oro City for Malaybalay City, Philippines.

August 22, 2017.

MERLIN P. CAIŇA & ASSOCIATES

Counsel for the Complainant
2/F Consortium Building
Corrales Extension, Cagayan de Oro City
Mobile No. 09268261008
Landline Phone No. (088) 880-2822
E-mail Address: mpc_lawoffice@yahoo.com

SYLVAN GERALD L. SABIO

IBP CDO (O.R. No.) 10595 11: Jan. 06, 2017
PTR CDO (O.R. No.) 3295855, Jan. 03, 2017
MCLE Compliance No. VI-0000814, Sep. 29, 2016
TIN 178-265-979; Roll No. 45542