within the reglementary period the defendants filed a joint answer denying the material allegations of the complaint and interposing the following affirmative defenses , to wit : ( 1 ) that the action was premature , the claim not having been filed first with the office of the auditor general ; ( 2 ) that the right of action for the recovery of any amount which might be due the plaintiff , if any , had already prescribed ; ( 3 ) that the action being a suit against the government , the claim for moral damages , attorney 's fees and costs had no valid basis since as to these items the government had not given its consent to be sued ; and ( 4 ) that inasmuch as it was the province of cebu that appropriated and used the area involved in the construction of mango avenue , plaintiff had no cause of action against the defendants .