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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES
SIXTH JUDICIAL REGION
BRANCH 1
ILOILO CITY

PERCY B. SHELLEY,
Plaintiff,
CIVIL CASE NO. 4321
-versus-
FOR: EJECTMENT
EDGAR A. POE,
Defendant.
x - - - - - - - - - - -- - - - - - --- - -- x

ANSWER

COMES NOW the defendant, through counsel, and to this Honorable Court, most

respectfully states:

1. That the defendant admits the allegations contained in paragraph 1 and 2 of the

complaint;

2. That the defendant also admits the allegation contained in paragraph 3 of the

complaint;

3. That on December 15, 2012, the defendant tendered payment of Php 300,000.00

to the house of the plaintiff representing his rental from the month of August

2011 up to the month of December, 2012, but the latter did not accept because

the payment did not include the interest thereon.

4. Article 1253 of the Civil Code provides that “If the debt produces interest,

payment of the principal shall not be deemed to have been made until the

interest has been covered”. That the defendant did not pay anymore since he

cannot pay the interest the amount of which cannot be ascertained.

5. That the defendant and the plaintiff could not agree as to the specific amount of

interest to be paid for back rentals since the contract did not state the exact

interest for non-payment;

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6. That the defendant is willing to pay the rentals plus interest only if the rate of

interest for none payment has been agreed upon.

WHEREFORE, it is prayed that the complaint be dismissed and it is similarly

prayed that this Honorable Court be the one to fix the rate of the interest for non-payment

of rentals, according to what is just and proper. Defendant further prays for such other

reliefs and remedies as are just and equitable under the premises.

Iloilo City, Philippines, February 27, 2013.

Counsel for the Plaintiff

Copy Furnished:

Atty. ATTY. PAU M. GASOL

Counsel for the Plaintiff
Rm. 212, Iloilo Casa Plaza,
Gen. Luna Street, Iloilo City

Received by: __________________

Date: ________________________

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Edgar A. Poe, of legal age, after having been duly sworn to in accordance with

law, depose and state that:

1. I am the defendant in the above-stated case;

2. I caused the preparation of the foregoing answer;

3. I have read the contents thereof and the facts stated therein are true and correct

of my personal knowledge and/or on the basis of copies of documents and

records in my possession.
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4. I have not commenced any other action or proceeding involving the same issues

in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that similar action or proceeding has been filed or is

pending before the Supreme Court, the Court of Appeals, or any other agency

or tribunal, I undertake to report the fact within five (5) days therefrom to this

Honorable Court.

EDGAR A. POE
Affiant

SUBSRIBED AND SWORN to before me this 27th day of February, 2013 in Iloilo

City, affiant exhibiting to me her Driver’s License no. 98765 issued on July 24, 2012 at

Iloilo City with expiry on July 24, 2014.

WITNESS MY HAND AND NOTARIAL SEAL on the day, year and place first

above-written.

Notary Public
Doc. No. ___
Page No. ___
Book No. ___
Series of 2013