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Republic of the Philippines MUNICIPAL TRIAL COURT Tacloban, City

JEFFREY B. PLACIDO Plaintiff --versus-REX L. FLORES Defendant

Civil Case No. 214 Unlawful Detainer

ANSWER

Defendant, by counsel and to this honorable court respectfully states:

1. Defendant admits the par. 1 of the complaint regarding the names, and status of the parties, but denies the rest thereof, of lack of knowledge sufficient to form a belief as to the truth thereof.

2. Defendant denies under oath the execution and authenticity of the contract of lease, Annex A of the complaint, the truth being that the same is a forgery and that he did not execute nor sign the same. Defendant was out of the country during the execution of the contract therefore it is impossible for the defendant to sign such contract. Defendant alleged the Annex A of the complaint to be defective since superimposition of defendants signature is observed. Copy of such passport is attached hereto as Annex A.

3. Assuming, arguendo, that the contact is genuine and duly executed by a person on behalf of defendant, without any authority from defendant.

4. Defendant denies under oath the paragraph 4 of the complaint, defendant was up to date for the payment of the said lease in which defendant already paid in advance until December 2011 upon verbal agreement with the plaintiff not with the written contract since plaintiff and defendant are known to be close friends and such payment was executed on July 27, 2011 before he took occupancy of the apartment. Copy of the said receipt is attached hereto as Annex B.

5. Defendant denies under oath that paragraph 5 is untrue, defendant didnt personally receive the mail from plaintiff with all his personal knowledge.

6. Finally, defendant also denies paragraph 7 of the complaint since no complaint filed in the office of tagapamayapa and no personal appearance of both parties with the lupon tagapamayapa. Defendant also alleged that such copy of certificate is defective since the Pangkat Chairman who signed the said certification of the complaint is no longer connected with the office of lupon tagapamayapa since he already resigned his office during the date stated in certificate, and the newly appointed pangkat chairman for the lupon tagapamayapa is Mr. Richard Gutierez Hereby attached is my barangay clearance as annex C to disprove the allegation therein.

WHEREFORE, defendant respectfully prays that the complaint be dismissed for lack of merit, with cost against plaintiff and ask for indemnification for the moral damages brought by plaintiff to defendant, to the attorneys fees of Php 20,000 and any other reasonable expenses brought by the action of plaintiff.

Defendant further prays for such other reliefs as maybe just and equitable in the premises.

Tacloban City, September 4, 2012.

MERRIAM DEFENSOR SANTIAGO Counsel for REX L. FLORES Address: Cor. Juan Luna Quarry St. Tacloban City Roll No. 3215 IBP No. 3617, issued on June 14, 1963 at Quezon City Philippines PTR No. 3412 issued on July 1, 1963 at Quezon City Philippines Compliance no. 3121

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING I, REX L. FLORES, of legal age and with residence at Imelda St. Tacloban City, after having been duly sworn, depose and say: 1. That I am the defendant in the entitled complaint. 2. That I have caused the preparation of said answer. 3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge. 4. That I have not theretofore commenced any action or filed any claim involving the same issues in any court or tribunal, or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and if I should thereafter learn that the same or similar action or claim has been filed or pending, I shall report that fact within (5) days therefrom to the court wherein the aforesaid complaint or initiatory pleading has been filed. Witness my hand this 4th day of September 2012 at Tacloban City, Philippines.

REX L. FLORES DEFENDANT

SUBSCRIBED AND SWORN to before me, a notary public in and for REX L. FLORES, this day of September 4, 2012, at Tacloban City, Philippines, affiant appearing before me with his CTC No. 112 issued on September 4, 2012 at Tacloban City, Philippines, and presented to me a document entitled ANSWER TO UNLAWFUL DETAINMENT, affiant is identified by the notary public through his officially issued identity card bearing his photograph and signature through his professional license card, and who signed said document in my presence and sworn as to said document that he understood the contents thereof and that the same was his free and voluntary act and deed.

Notary Public Until September 4, 2013

Doc. No. 1234 Page No. 3 Book No. 22 Series of 2012

PERSONAL SERVICE since accessibility to complaint is easier than any other way of service dated on September 4, 2012.

I, Mr. Pepito Cuevas, of legal age and having been duly sworn, depose and say: That I am the messenger of Atty. Merriam Defensor-Santiago, counsel for Mr. Rex L. Flores in the case entitled UNLAWFUL DETAINER, Civil Case No. 214, and that such messenger I served upon the counsel of adverse party and other party and other parties the answer filed in said case, as follows:

JUAN DE LA CRUZ, Counsel for JEFFREY PLACIDO, by personal service by delivering personally copy of said answer of said lawyer who acknowledge receipt thereof as shown by his signature on the said answer to complaint, this 4th day of September 2012. IN WITNESS THEREOF, I have signed this affidavit this day of September at Tacloban City, Philippines.

PEPITO CUEVAS AFFIANT

SUBSCRIBED AND SWORN to before me, a notary public in and for REX L. FLORES, this day of September 4, 2012, at Tacloban City, Philippines, affiant appearing before me with his CTC No. 112 issued on September 4, 2012 at Tacloban City, Philippines, and presented to me a document entitled ANSWER TO UNLAWFUL DETAINMENT, affiant is identified by the notary public through his officially issued identity card bearing his photograph and signature through his professional license card, and who signed said document in my presence and sworn as to said document that he understood the contents thereof and that the same was his free and voluntary act and deed.

Notary Public Until September 4, 2013

Doc. No. 1234 Page No. 3 Book No. 22 Series of 2012

ANNEX C

Republic of the Philippines Brgy. Calanipawan Tacloban City

To Whom It May Concern;

This is to certify Mr. Rex L. Flores, 22 years old, single and a Resident of Brgy. Calanipawan Tacloban City, Philippines.

This is to certify further that the aforementioned name is a good citizen in the society and has never committed any infraction against the rules and regulations of the community without any pending complaints or issues in our barangay, nor been involved in any illegal activities that would mark his reputation, integrity and character as a person.

This is issued upon request of Mr. Rex L. Flores for whatever any legal purposes that may serve. Given at Calanipawan Tacloban City, Philippines, this 4th day of September, 2012.

Angel Suarez Pangkat Secretary

Mr. Richard Gutierez Pangkat Chairman Approved by: Hon. Ninoy M. Arroyo CHAIRMAN Brgy. Calanipawan Tacloban City