REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
xxx

xxx,
Plaintiff,
Civil Case No. xxx
-versus-
For: Collection of Sum of
Money, Breach of Contract
and Damages.
xxx,
Defendant.
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COMMENT / OPPOSITION
PLAINTIFF xxx, thru the undersigned counsel, hereby opposes the Partial
Motion for Reconsideration dated February 11, 2021 filed by the Defendant, and in
support thereof, states: THAT –

1. An examination of the issues raised by the Defendant in her Partial Motion

for Reconsideration dated xxx readily reveals that the same are a mere
rehash and reinstatement of the basic issues raised in her Answer and other
pleadings and which were already exhaustively passed upon, duly
considered, and resolved in the Decision dated xxx rendered by the
Honorable Court.

2. In addition, the issues raised by the Defendant in her Partial Motion for
Reconsideration were also properly addressed and explained by the Plaintiff
in its Reply to the Answer of the Defendant.

3. Defendant contends that there are exhibits or official receipts that the
Honorable Court failed to appreciate which will show that there is an
amount still to be deducted to the Defendant’s obligation.

4. This was already debunked by the Plaintiff in its Reply. A review of the
attached receipts to the Answer would show that they are payments for
previous months/arrears which have been properly applied already.
 5. In short, the receipts attached by the defendant to the Answer and mentioned
in her Partial Motion for Reconsideration have been properly applied. These
receipts do not prove that the defendant paid her overdue accounts to the
plaintiff because they do not represent the months covered by the
Compromise Agreement.

6. Thus, the Honorable Court correctly ruled that:

“In her defense, she presented numerous Official Receipts (OR)

showing that she paid plaintiff. However, she filed to prove that such
payments as evidenced by the ORs were issued in satisfaction of her
obligation under the Agreement or of any of the unpaid rental arrears
reflected in plaintiff’s SO, the latter bearing her latest accountability
up to November 2015.

7. Additionally, the Defendant failed to deny the due existence and contents of
the Statement of Account and failed to effectively deny the amounts due
therein, this is an admission of the truthfulness of the said document.

8. A perusal of the Decision by the Court would reveal that the Court already
took into consideration the said argument by the Defendant. However, the
reckoning date stated by the Defendant, October 6, 2015, has no factual and
legal basis.

9. Finally, the Defendant claims that the three (3) month deposit stated in the
contracts of lease should be deducted from her liability. Such contention
lacks merit. The Honorable Court was correct when it ruled that:

“The Contract of Lease between plaintiff and defendant uniformly

provide:

4. Deposit: That the Lessee shall deposit to the Lessor in

cash or checks upon signing of this contract and prior to move-in an
amount equivalent to the rent for Three (3) Months or the sum of xxx
xxx. This deposit shall be refunded to the lessee within sixty (60) days
from actual move out of the Lessee from the Lease Premises without
any interest, provided that:
 xxx

4.2 The Lessee shall have fully paid the Lessor all additional
charges, penalties, and obligations, if any, as provided in this
Contract; and

4.3 The Lessee complied with the terms and conditions as

provided for in this Contract.

Clearly, defendant has no right to demand that the deposit be

refunded to it since the evidence has established that she is in default
of her obligation to plaintiff.”

PRAYER

WHEREFORE, in view of the foregoing, the Partial Motion for

Reconsideration file by the Defendant should be DENIED for utter lack of merit.

Other reliefs, just and equitable under the premises, are likewise being
prayed for.
Respectfully Submitted.
xxx

xxxx
Copy furnished:

xxx

Explanation: In compliance with Section 11, Rule 13 of the Rules of Civil

Procedure, the undersigned counsel states that a copy of this Comment was sent to
the counsel for Defendant and to the other parties by registered mail with return
card/private courier/electronic mail due to the ongoing pandemic/General
Community Quarantine being implemented.

xxxx