REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

MUNICIPAL CIRCUIT TRIAL COURT
Bauan, Batangas

SONIA DUTERTE y PALAMURA, CIVIL CASE NO. CV-1019

Plaintiff,
-versus- - for-

ISKO DOMAGOSO y TOLONGGES UNLAWFUL DETAINER

Defendant. WITH DAMAGES

x-----------------------------------------------------------------------------------------x

ANSWER
WITH COUNTERCLAIM
COMES NOW, defendant through undersigned counsel, unto
the Honorable Court submit the instant Answer with Counterclaim, on
the basis of the following:

ADMISSIONS

1. That the defendant admit Paragraphs 1 and 2 only in so far as

to the name, age, citizenship and residence of both the
plaintiff and defendant which is likewise alleged in the Judicial
Affidavit of the defendant (Annex A);

2. That the defendant admits Paragraph 3 only as to the

existence of the Judicial Affidavit, the allegations therein being
matters known only to, and are within the control only, of the
plaintiff;

3. That the defendant admits Paragraph 5 and 6 in its entirety;

4. That the defendant admits Paragraph 8 and 9 but the purpose

for which the same was issued is already moot as the
defendant has already paid the amount mentioned therein
through online transfer of funds to the account of the Plaintiff
as evidenced by a two (2) GCash Transaction History Record
(Annex B);

SPECIFIC DENIALS
ANSWER
Civil Case No. CV-1019
Page 2

5. That the defendant denies Paragraph 4 for lack of knowledge

or information sufficient to form a belief as to the veracity or
falsity thereof;

6. That Paragraph 7 is specifically denied since the defendant

has already paid the Plaintiff Sixteen Thousand Pesos
(PhP16,000.00) on May 18, 2021 and Eight Thousand Pesos
(PhP8,000.00) on July 5, 2021 as evidenced by two (2)
GCash Transaction History Records (Annex B);

7. That the defendant specifically deny Paragraph 10 for reason

that although the complaint was lodged at the Barangay for
conciliation proceedings, no Lupon was convened, and the
conciliation proceeding was conducted only in the presence of
the Punong Barangay. However a Certificate to File Action
was issued despite non-compliance with Section 412 of
Republic Act 7160;

8. That the defendant specifically deny Paragraph 11 as the

plaintiff has no cause of action and this litigation is based only
on whimsical and capricious discretion of plaintiff Sonia
Duterte.

COMPUSORY COUNTERCLAIM

9. That the defendants hereby replead the foregoing allegations

and by way of counterclaim, alleges that;

9.1 For making it appear that the defendant illegally

occupied the property even the rentals have been duly
paid, thus in effect undermined the integrity of the
defendant which caused besmirched reputation,
sleepless nights, anxiety and social humiliation, the
plaintiff must be held to compensate the defendants for
moral damages in the amount of One Hundred
Thousand Pesos (P100,000.00);

9.2 In filing the complaint with full awareness that the

defendant were not responsible for any wrongdoing,
plaintiff must also be condemned and as by way of
deterrence to others from filing vexatious and
unfounded complaints, plaintiff should also be held
liable to the defendant for exemplary damages in the
amount of One Hundred Thousand Pesos
(P100,000.00);
ANSWER
Civil Case No. CV-1019
Page 3

9.3 That in view of the filing of the instant unfounded

complaint, defendant was compelled to undergo the
rigors of litigation and to secure the services of counsel
with attorney’s fees of One Hundred Thousand Pesos
(P100,000.00) and Four Thousand Pesos (P4,000.00)
appearance fee per hearing and additional costs to
which they have to be indemnified by the plaintiff
(Receipts and Contract of Appearance attached as
Annex C).

PRAYER

WHEREFORE, premises considered, defendants respectfully

pray to the Honorable Court to render Judgment as follows;

1. Dismissing the Complaint against the defendant for (1) lack of

cause of action as the monthly rentals have already been
paid; and/or (2) for being prematurely filed for non-compliance
with Katarungang Pambarangay Law;

2. Ordering herein plaintiff to pay herein defendants Moral

Damages in the amount of One Hundred Thousand Pesos
(P100,000.00);

3. Ordering herein plaintiff to pay herein defendants Exemplary

Damages in the amount of One Hundred Thousand Pesos
(P100,000.00);

4. Ordering herein plaintiff to pay herein defendants Attorney’s

Fees in the amount of One Hundred Thousand Pesos
(P100,000.00) and Four Thousand Pesos (P4,000.00) for every
hearing.

Such other just and equitable reliefs are likewise prayed for.

_______________
ISKO T. DOMAGOSO
Defendant
ANSWER
Civil Case No. CV-1019
Page 4

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

Republic of the Philippines )

City of Batangas ) SS.

I, Isko T. Domagoso, of legal age after having been duly sworn

in accordance with law, depose and state that:

1. The allegations therein are true and correct, based on personal

knowledge or authentic documents.

2. The pleading is not filed to harass, cause unnecessary delay,

or needlessly increase the cost of litigation.

3. The factual allegations therein have evidentiary support or, if

specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.

Bauan, Batangas, September 24, 2021.

_______________
ISKO T. DOMAGOSO
Defendant

SUBSCRIBED AND SWORN to before me this 24th of

September 2020 by affiant ISKO T. DOMAGOSO who personally
appeared before me and signed this document in my presence and
presented to me as competent proof of their identity their Philippine
Regulation Commission I.D. Card No. D1-062012011 with validity
until October 19, 2025. I hereby certify that I have ascertained the
identity of the affiant through competent identification document.

ATTY. BONGBONG A. BOND

Counsel for the Defendant
IBP No. 998877, Batangas
PTR No. 08302017-2021, Bauan, Batangas
Roll of Attorneys No. 7788
MCLE COMPLIANCE NO.6354263/
June 2, 2021
ANSWER

ANNEX “A”
Civil Case No. CV-1019
Page 5

REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION
MUNICIPAL TRIAL COURT
Bauan, Batangas

SONIA DUTERTE y PALAMURA, CIVIL CASE NO. CV-1019

Plaintiff,
-versus- - for-

ISKO DOMAGOSO y TOLONGGES UNLAWFUL DETAINER

Defendant. WITH DAMAGES

x-----------------------------------------------------------------------------------------x
JUDICIAL AFFIDAVIT
(ISKO T. DOMAGOSO)

I, Isko T. Domagoso, of legal age, Filipino Citizen, with

residence at F. Mangobos St., Brgy. Poblacion, Bauan, Batangas,
after having been sworn to in accordance with law, deposes;

Atty. Bongbong A. Bond (hereinafter Atty. Bond) took my

judicial affidavit on September 23, 2021 at Bond Law Office at Skyfall
Bldg., Bauan, Batangas. This Judicial Affidavit is in English, a
language known to me.

Atty. Bond offers my testimony to prove the following:

1. I am the defendant in the above entitled case;

2. That I have been in possession of the apartment since

February 14, 2016 as a lessee under an oral agreement to pay
Four Thousand Pesos (PhP4,000.00) on a month-to-month
basis;

3. That the I have paid the monthly rentals for the months of
February 2021 up to July 2021;

4. That there was no conciliation proceeding before the

Lupon/Pangkat of Barangay Poblacion I, Bauan, Batangas.

I shall further testify on other matters, material and relevant to

my action and identify and cause the marking of documentary
exhibits.

Below is my judicial affidavit proper:

ANSWER
Civil Case No. CV-1019
Page 6

Question 1 (hereinafter “Q”): What is your name and other

circumstances of identity:
Answer 1 (hereinafter “A”): I am Isko T. Domagos, of legal age,
Filipino Citizen, single and with residence at Brgy. Poblacion
I, Bauan, Batangas.

Q2: What is your occupation?

A2: I am a BPO employee Atty, working at Accenture.

Q3: Are you currently renting the apartment owned by a certain

Susan P. Duterte at F. Mangobos St., Brgy. Poblacion I,
Bauan, Batangas?
A3: Yes, Atty.

Q15: Did you enter into an agreement as to the lease of the said
apartment?
A15: Yes, Atty. However, it was just an oral agreement right after I
inquired about the apartment and agreed to rent it.

Q16: How much is the monthly rental fee of the apartment?

A16: It is Four Thousand Pesos (PhP4,000.00) Atty.

Q17: How do you pay your monthly rent?

A17: I pay them in cash, Atty. However, during the pandemic, we
agreed to pay through online transfer via GCash, in order to
reduce face-to-face interaction

Q18: The plaintiff is alleging in her complaint that you defaulted in

paying the monthly rent for six (6) months starting February
2021.
A18: That is not true, Atty. I have asked Ms. Duterte to cut me
some slack in paying the rent in the months of February,
March and April since I have resigned from my previous
work in Converge in February and just transferred to
Accenture in April. So I promised to pay on May after I
receive my first salary in Accenture to which Ms. Duterte
agreed.

Q18: Did you pay on the rentals on the month that you promised?
A18: Yes, Atty. I transferred Eighteen Thousand Pesos
(PhP18,000.00) to the Gcash account of Ms. Sonia Duterte
which is equivalent to the four (4) months of unpaid rentals
on May 18, 2021.

Q19: Did you pay the house rental on June and July?
A19: I was not able to pay on June because my sister has been
COVID-19 positive and I financed her medical expenses.
ANSWER
Civil Case No. CV-1019
Page 7

However, I transferred Eight Thousand Pesos (PhP8,000.00)

the following month, July 5, 2021, which was earlier than the
regular schedule of payment of every 14th of the month.

Q:20: Why did you pay earlier?

A20: Aside from the fact that I have already the money to pay for
the rentals, Ms. Duterte keeps on going to the apartment
asking for the rent even if I have explained to her my
situation.

Q:20: Did you receive a Notice/Demand to Vacate the apartment?

A20: Yes, Atty. I was surprised to receive the same since I have
already paid it.

Q:20: Why did you receive it despite the fact that you have already
paid the rent?
A20: I wanted to consult the matter with a lawyer, Atty.

Q21: Was there a conciliation proceeding before the Barangay?

A21: Yes Atty. Punong Barangay Leni Pacquiao tried to mediate
between us sir, however, no settlement was reached.

Q22: You mean to say, Punong Barangay Pacquiao was the one
who tried to mediate? No Lupon or Pangkat was convened?
A22: Yes Atty. Barangay Secretary Manny Marcos was the only
one present.

Q23: When did you know that a suit was filed against you?
A23: September 21, 2021 sir, when I received the Summons
together with the copy of the complaint from the Court.

Q24: What happened to you when you found out that you need to
defend yourself before a Court for the case Unlawful
Detainer with Damages?
A24: I was so confused and disappointed, as well as frustrated
and humiliated Atty.

Q25: Why were you humiliated?

A25: Aside from the fact that our company upholds good
reputation among its employees, rumors spread around our
barangay that I don’t have money to pay for the rent despite
being employed. Most of them have been saying that I
spend my money on boys since I am gay.

Q26: Did the rumors affect you?

A26: Very much Atty. I suffered from anxiety Atty. I was so
humiliated. I even cannot sleep at night since I received the
ANSWER
Civil Case No. CV-1019
Page 8

Summons Atty due to to the predicament that my company

record will be affected..

Q27: What can you say about this litigation? About the suit that
was lodged against you?
A27: This is a purely vexatious and unfounded complaint sir. It
has been very clear that I have paid the rentals. This can
affect my company standing since they are very particular
that employees should not be involved in any criminal or civil
case.

Q28: Because of this litigation, did you hire services of a lawyer?

A28: I secured your services, Atty.

Q29: Do you have any proof that you hired me?

A29: Yes Sir. The receipt of payment of acceptance fee and the
contract of appearance.

Q30: I am showing to you Annex 1, is this the receipt you are

referring to?
A30: Yes Atty, that is the receipt for the payment of acceptance
fee.

Q31: Now, I am showing to you Contract of Appearance marked

as Annex 1-A, is this the document you are referring to?
A31: Yes Atty.

Q32: How much did you pay me as your lawyer?

A32: One Hundred Thousand Pesos (P100,000.00) for acceptance
fee sir and Four Thousand Pesos (P4,000.00) per
appearance.

Q33: Final question, Sir, are you forced, threatened or promised a

reward for this testimony?
A33: Definitely not, Atty.

NO FURTHER QUESTION.

ISKO T. DOMAGOSO
Affiant
ANSWER
Civil Case No. CV-1019
Page 9

SUBSCRIBED and sworn to before me in Batangas City on

September 23, 2021, affiant showing his/her competent proof of
identity, to wit: Drivers License 09080706.

ATTY. BONGBONG A. BOND

Counsel for the Defendant
IBP No. 998877, Batangas
PTR No. 08302017-2021, Bauan, Batangas
Roll of Attorneys No. 7788
MCLE COMPLIANCE NO.6354263/
June 2, 2021
 ANSWER
Civil Case No. CV-1019
Page 10

SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR

SUPERVISED THE EXAMINATION OF THE WITNESS.

The undersigned ATTY. BONGBONG A. BOND, of legal age,

single, and with law office address at Skyfall Building, Bauan,
Batangas, oath, deposes and states:

1. He is the Legal Counsel for the defendants in the above-entitled

case;

2. He  faithfully  recorded  or  caused  to  be  recorded  the

questions  he  asked  and  the corresponding  answers  that 
the above-named witness gave;

3. Neither he nor any other person then present or assisting him

coached the witness regarding the latter's answers; and

4. He conducted the examination of the witness at his law office

located at Skyfall Building, Bauan, Batangas.

Batangas City, September 23, 2021.

ATTY. BONGBONG A. BOND

Counsel for the Defendant
IBP No. 998877, Batangas
PTR No. 08302017-2021, Bauan, Batangas
Roll of Attorneys No. 7788
MCLE COMPLIANCE NO.6354263/
June 2, 2021

            SUBSCRIBED and sworn to before me in Bauan, Batangas

on September 23, 2021, affiant showing his/her competent proof of
identity, to wit: IBP ID NO. 998877.

ATTY. ALBIE. M. CASIÑO

Notary Public
IBP No. 12131415, Batangas
PTR No. 5637824-2021, Batangas City
Roll of Attorneys No. 3456
MCLE COMPLIANCE NO. 7382942/
July 7, 2021
                                                           
ANSWER

ANNEX “B”
Civil Case No. CV-1019
Page 11

SONIA P. DUTERTE SONIA P. DUTERTE

PHP 16,000.00 PHP 8,000.00

SONIA P. DUTERTE SONIA P. DUTERTE

09394896145 09394896145

May 18, 2021, 10:25 am July 5, 2021, 09:32 am

ANSWER

ANNEX “C”
Civil Case No. CV-1019
Page 12

BOND LAW OFFICE

Skyfall Bldg, Bauan, Batangas
Bongbong A. Bond
VAT Reg. TIN-010-009-009-009

SEPT. 23 21

ISKO T. DOMAGOSO

BAUAN, BATANGAS

BPO EMPLOYEE

ONE HUNDRED THOUSAND PESOS ONLY 100,000.00

LEGAL SERVICES