Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 16, Manila

DON C. MEJIA,
Plaintiff,

-versus- Civil Case No. 181381-CV

FOR: Unlawful Detainer

MS.JANE M. RECTO and

MR. VEDASTO MAGPANTAY,
Defendants.
x----------------------------------------------x

ANSWER
DEFENDANT, JANE M. RECTO, by herself, and to this Honorable
Court, most respectfully alleges that:

1. Paragraph 1 is being denied for having no knowledge or

information sufficient to form a belief as to the correctness or
falsity of the allegations;

2. Paragraph 2 is being denied, the truth being that stated in the

affirmative defenses;

3. Defendant admits the allegation in paragraph 3 of the

complaint only insofar as the fact that the name of Andrea C.
Vda. De Gutierrez is indicated in the Transfer Certificate of Title
No. 80312, without prejudice to the Memorandum of
Encumbrances indicated therein;

4. Defendant admits paragraphs 4 and 5;

5. Defendant denies paragraph 6, the truth being that stated in

the affirmative defenses;

6. Paragraph 7 is admitted as to the partial gutting of fire by the

said apartment unit;

7. Defendant has no knowledge or information sufficient to form a

belief as to the truthfulness of the avernments in paragraphs 8-
13 of the complaint.
 SPECIAL AND/OR AFFIRMATIVE DEFENSES

Defendant hereby re-pleads all the foregoing allegations and, by

way of special and/or affirmative defenses states that::

8. The answering defendant and his co-defendant have been

leasing 2080-C with a monthly rental of P2,000.00;

9. The subject property is covered by Transfer Certificate of Title

No. 80312 registered under the name of ANDREA C. VDA. DE
GUTIERREZ;

10. Verification later made on the Title disclosed that, as early as

March 25, 1969, a few months before the death of the said
registered owner, there was already a Notice of Seizure and on
January 4, 1973, the said property was finally forfeited in favor
of the Philippine Government and it was never redeemed
within the one-year reglementary period of redemption;

11. The instant complaint is pre-maturely filed for failure to comply

with the mandatory conciliation proceedings in the Barangay
under Section 18 of the Rule on Summary Procedure which
states:
Section 18. Referral to Lupon – Cases
requiring referral to the Lupon for conciliation
under the provisions of Presidential Decree No.
1508 where there is no compliance with such
requirement, shall be dismissed without
prejudice, xxxxx.”

12. Even assuming that the afore-mentioned provision was

complied with, still the instant complaint has to be dismissed
for having no cause of action, it being filed by the plaintiff who
is not a party in interest. He is neither the owner nor the legal
heir of the owner of the subject property, which is already
owned by the government of the Republic of the Philippines.
(Please refer to page 3 of TCT No. 80312 attached herewith as
Annex “A” to “A-2”)
 COUNTERCLAIM

The foregoing allegations are re-pleaded herein by reference.

By reason of the malicious filing of the present case, defendant

suffered sleepless nights, humiliation, anxiety and besmirched
reputation, thereby warranting the award of moral damages which can
be reasonably assessed at P50, 000.00. Plaintiff should likewise be
ordered to pay exemplary damages of another P50, 000.00 and the
litigation expenses the defendant will necessarily incur.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that the instant complaint be dismissed for
having no cause of action, and for utter want of basis in fact and in law.

Other relief just and equitable under the premises are likewise
prayed for.

Manila, Philippines,
November 10, 2005.

JANE M. RECTO
Defendant

EXPLANATION

The foregoing Answer is being served by registered mail due to

distance and time constraints.

JANE M. RECTO

Copy furnished:

ATTY. PASTOR C. BACANI

Counsel for the Plaintiff
Rms. 404-405 Doña Victoriana Bldg.,
EDSA cor. New York Street,
Cubao, Quezon City
 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

Republic of the Philippines) S.S.

City of Manila )

I, JANE M. RECTO, of legal age, Filipino citizens and with

postal address at 2080-A Jose Abad Santos Street, Sta. Mesa,
Manila, after having been sworn to in accordance with law hereby
depose and say:

1. That I the defendant in the above-entitled case;

2. That I have caused the preparation of the foregoing

ANSWER and that the contents thereof are true and correct of my
own personal knowledge and based authentic documents;

3. That I have not commenced any other action or

proceeding involving the same issues in this Honorable Court, in
the Supreme Court or in any other tribunal or agency, that to the
best of my knowledge, no such action or proceeding is pending in
this Honorable Court, in the Supreme Court or in any other
tribunal or agency, and should I learn that a similar action or
proceeding has been filed or is pending in this Honorable Court, in
the Supreme Court or in any other tribunal or agency, I undertake
to report that fact within five (5) days therefrom to this Honorable
Court.

In witness whereof, we have hereunto set my hand this ____

day of November 2005.

JANE M. RECTO
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of

November 2005, at Manila, Philippines, affiant exhibiting to me
Community Tax Certificate No. _____________ issued at __________,
issued on ___________.

ADMINISTERING OFFICER
Doc. No. ______;
Page No. ______;
Book No. _____ ;
Series of 2005.
 Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 23, Manila

RIZAL TEACHERS KILUSANG BAYAN

FOR CREDIT, INC. represented by
Mr. Carlito A. Caneta
Plaintiffs,

-versus- Civil Case No. 179618-CV

FOR: Sum of Money

VIVIAN Q. ABANTO, MELANIE N.

PICANA, ELLEN N. TURANIZA and
JOCELYN FLORES,
Defendants.
x----------------------------------------------x

URGENT MOTION TO ADMIT ANSWER

COMES NOW DEFENDANT, VIVIAN Q. ABANTO, by herself and

unto this Honorable Court most respectfully alleges:
 1. That VIVIAN Q. ABANTO is one of the defendants in Civil
Case No. 179618-CV pending before this Honorable Court;

2. That herein defendant failed to answer the summon and

complaint relative to the case at bar;

3. That defendant’s failure to answer was due to her incapacity

to hire counsel that will appropriately set up her defense;

4. That defendants’ action was brought about by her instinct

and lack of knowledge of the legal consequences of her move and that
defendant has no intention to neither disobey the lawful processes of the
Honorable Court nor delay the orderly administration of the justice in the
instant case;

5. That defendant due to aforesaid unintended incident begs for

an apology with a firm commitment that a similar incident will never
happen again.

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that the hereto-attached answer be considered in
the greater interest of justice and equity.

Other reliefs fair and reasonable in the premises are likewise

prayed for.

Manila, Philippines.
April 28, 2005.

VIVIAN Q. ABANTO
Defendant

Notice of Hearing

The Branch Clerk of Court

MeTC, Branch 23
Manila

Greetings!
 Please submit the foregoing Motion for the kind consideration and
resolution of the Honorable Court immediately upon receipt hereof.

VIVIAN Q. ABANTO

Copy furnished:

ATTY. ROMEO V. FULLANTE

P.C. Nolasco & Associates
Rm. 548 Wellington Bldg.
Plaza Lorenzo Ruiz, Binondo, Manila

EXPLANATION

Pursuant to Rule 13 Section 11 of the 1997 Rules of Civil

Procedure, the foregoing motion was served through registered mail due
to distance and time constraints.

VIVIAN Q. ABANTO

Republic of the Philippines

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 23, Manila

RIZAL TEACHERS KILUSANG BAYAN

FOR CREDIT, INC. represented by
Mr. Carlito A. Caneta
Plaintiffs,

-versus- Civil Case No. 179618-CV

FOR: Sum of Money

VIVIAN Q. ABANTO, MELANIE N.

PICANA, ELLEN N. TURANIZA and
JOCELYN FLORES,
Defendants.
x----------------------------------------------x

URGENT MOTION TO ADMIT ANSWER

COME NOW DEFENDANTS, through the undersigned counsel and

unto this Honorable Court most respectfully alleges:
 1. That defendants came to the undersigned counsel one week
before the filing of the Answer;

2. That due to voluminous workload from his court

assignments and labor cases the undersigned counsel needs more time
in preparing the Answer to the Complaint;

3. That the undersigned counsel due to aforesaid unintended

incident begs for an apology with a firm commitment that a similar
incident will never happen again.

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that the hereto-attached answer be considered in
the greater interest of justice and equity.

Other reliefs fair and reasonable in the premises are likewise

prayed for.

Manila, Philippines.
April 28, 2005.

Department of Justice
PUBLIC ATTORNEY'S OFFICE
Manila District
4/F W. Godino Bldg.
350 Arroceros Street,
Ermita, Manila

By:

DONALD H. MACASAET
Public Attorney II

Notice of Hearing

The Branch Clerk of Court

MeTC, Branch 23
Manila
Greetings!

Please submit the foregoing Motion for the kind consideration and
resolution of the Honorable Court immediately upon receipt hereof.

DONALD H. MACASAET

Copy furnished:

ATTY. ROMEO V. FULLANTE

P.C. Nolasco & Associates
Rm. 548 Wellington Bldg.
Plaza Lorenzo Ruiz, Binondo, Manila

EXPLANATION

Pursuant to Rule 13 Section 11 of the 1997 Rules of Civil

Procedure, the foregoing motion was served through registered mail due
to distance and time constraints.

DONALD H. MACASAET