Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 3
Davao City

Spange Bab, Plaintiffs, Case No. R-DVO-29-2019-CV

-versus- For: RECOVERY OF

PARCEL OF LAND AND
Squid Ward, Defendants. BUILDING (ACCION
PUBLICIANA) x xx

ANSWER WITH COUNTERCLAIM

Comes now, Defendant, Squid Ward, assisted by the undersigned

counsels and unto this Honorable Court, most respectfully states that:

ADMISSIONS AND DENIALS

1. Defendant admits the allegations in paragraph 1 of the

Complaint regarding the personal circumstances of Plaintiff and
Defendant

2. Paragraph 2 of the Complaint is denied for lack of

information or knowledge sufficient to form a reasonable belief thereof.

3. Defendant specifically denies the allegation in Paragraph 3

that the lease contract was made without the authority of herein Plaintiff.
The truth of the matter being the Spouses as the lawful owner of the
property, presenting to the Defendant a Transfer Certificate of Title (TCT)
in their name before the execution of the lease contract.

4. The allegations in Paragraphs 4 and 5 on the fact of lease

entered by the Defendant with the spouses Bab and the notices sent by the
Plaintiff are admitted.

5. Defendant denies the allegation in Paragraph 6. The

Defendant insists on the validity of the 2 contracts he signed with the
Spouses in 2000 and in 2010 (original and renewed lease contract).

6. Defendant specifically denies the allegation in paragraph 7

that rentals due to the leased property have not been paid. The herein
defendant in fact made payments of the corresponding rentals by
depositing the same with the joint savings account of Spouses Patrick and
Sandy Bab.

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 7. Defendant admits the allegations in paragraphs 8, 9, 10 and
11.

8. Defendant further denies specifically the allegation in

paragraph 12 as to the unjustified refusal to vacate the property. The
Defendant is justified to continuously possess the leased property as it has
not defaulted in his obligation to pay the rentals due.

AFFIRMATIVE AND SPECIAL DEFENSES

9. At the inception, it is worthy to note that the instant case is

premature. The Lease Contract provides for the Defendant’s right to
continually possess the leased property for a renewed term of 10 years.
Accordingly, the Plaintiff has not succeeded in its attempt to declare
unlawful the Defendants Possession of the leased property, as the case for
unlawful detainer was consequently dismissed.

10. On January 25, 2000, the Plaintiff’s parents, Spouses Patrick

and Sandy Bab, entered into a Contract of Lease with the Defendant. The
Contract of Lease is for a period of ten (10) years, from January 25, 2000
to January 25, 20101. The contract was subsequently renewed for the same
term commencing January 25, 2010 to January 25, 20202.

11. The Defendant in good faith relied on the TCT No. PT 98765
presented by the Spouses Bab upon the execution of the contract of lease
as proof of their lawful ownership, having the right to lease the same.
Consequently, contrary to the allegation of the Defendant, the lease
contract is valid as it has all the elements of a valid contract.

12. The subject property of the Lease Contract, in the absence of

proof to the contrary, is presumed part of the conjugal property of the
Spouses Patrick and Sandy Bab. Thus, the Plaintiff has no authority to
enter into a new lease contract with the Defendant.

13. It has not come to the knowledge of the defendant, that the
Title over the parcel of land under Transfer Certificate of Title No. PT
98765 was registered or transferred in the name of the Plaintiff.

14. Upon the death of Patrick Bab3, Plaintiff demanded for the
payment of rentals claiming ownership of the leased property, being the
successors-in-interest of the late Patrick Bab. In truth and in fact, they are
merely deemed co-owners with Sandy Bab, the surviving spouse.

1
A copy of the Lease Contract dated 25 January 2000 is herein attached as “Annex 1”.
2
A copy of the Renewed Contract of Lease is herein attached as “Annex 2”.
3
A copy of the Certificate of Death of Patrick Bab is herein attached as “Annex 3”.

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 15. For the entire duration of the lease (original and renewed
term) up to date, the Defendant have not reneged its obligation and
faithfully paid the rentals due on the property by depositing the same in
the spouses’ joint savings account in Philippine National Bank (PNB)
with account number 1234-0000-0004.

COUNTERCLAIM

16. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith. Plaintiff acted in bad faith for demanding
the Defendant to vacate the premises without any valid ground. Defendant
therefore is entitled moral damages and any other proper damage under
Article 19 of the Civil Code as may be determined by the Court for the
sleepless nights, anxiety and moral anguish suffered by him for the acts of
the Plaintiff.

17. By initiating this baseless action, Defendant was compelled

and constrained to engage the services of counsel and to incur litigation
expenses. Plaintiff should be made to pay Defendant’s Attorney’s Fees in
the amount of P50,000.00, plus appearance fee of P4,500/per appearance
in the case, and to incur cost of suit, in the amount of at least P20,000.00.

PRAYER

WHEREFORE, the Defendant respectfully prays that the complaint

be dismissed for lack of merit; and by way of counterclaim, render
judgment ordering Plaintiff to pay Defendant the following:

a. reasonable damages under Article 19 of the Civil Code as may be

determined by the Court;

b. P50,000 plus Appearance Fees of P4,500/appearance in the case, as

Attorney’s Fees; and

c. At least P20,000, as cost of suit.

Defendants likewise pray for other just and equitable relief.

Davao City, February 12, 2020.

4
A copy of the compiled Bank Deposit Slips are herein attached as “Annex 4”.

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 ADRIAN PAJARO
Counsel for Petitioner
Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20;
Davao City
IBP O.R. No. 024454; 01-02-20;
Davao City

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF DAVAO DEL SUR) S.S
IN THE CITY OF DAVAO………..)
X…………………………………….X

VERIFICATION AND CERTIFICATION

I, Spange Bab, of legal age, after having been duly sworn in accordance
with law, depose and state that:
1. I am a petitioner in the above-stated case representing the
republic of the Philippines;
2. I caused the preparation of the foregoing petition;
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 true
and authentic records.
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 a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of

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 Appeals, or any other tribunal or agency, I undertake to report that
fact within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this

12th day of February 2019, at Davao City, Philippines.

                            
Spange Bab
Affiant

SUBSCRIBED AND SWORN to before me in the City of Davao

this 30th day of April 2016, by Spange Bab, who has satisfactorily proven
her identity to me through his SSS ID issued by the PRC bearing his
photograph and signature and with VIN 1123-12323232-4, that he is the
same person who personally signed the foregoing document before me
and acknowledged that he executed the same.

WITNESS MY HAND AND SEAL this 12th day of February

2020 in Davao City, Philippines.

NOTARY PUBLIC
Doc. No. 66;
Page No. 14;
Book No. 01;
Series of 2020.

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