Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES (MTCC)

CONSOLACION-CORDOVA
7th Judicial Region
CONSOLACION, Cebu

JULES BAGUIO,
Plaintiff,
CIVIL CASE NO. 123456
FOR: UNLAWFUL DETAINER
WITH
CLAIM FOR DAMAGES,
ATTORNEY’S
FEES, AND LITIGATION COSTS

- versus –

GEORGE SUMALINOG,
Defendant,

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

VERIFIED ANSWER

COME NOW, GEORGE SUMALINOG, thru the undersigned

counsel, unto this Honorable Court, most respectfully file the instant
pleading, and aver that:

TIMELINESS

1. On August 25, 2021, this Honorable Court thru Atty. Vanilla

Magnum, its Branch Clerk of Court V, issued and served amended
summons to George Sumalinog and Atty. Cardo Dalisay for them to
file with this Honorable Court and serve Jules Baguio, his answer to
the instant complaint within fifteen (15) days from service of said
summons to them. Hence, they have until September 9, 2021 within
which to file the same before this Honorable Court. Therefore, his
Answer anent this case is duly and seasonably filed within the said
period.

ADMISSIONS WITH QUALIFICATIONS

2. The allegations contained in paragraph 4 of the instant complaint are

admitted with qualification that the property was occupied by
defendant by tolerance since January 01, 2000 by its previous owner,
Page 1 of 9
 Sabas Baguio, the father of plaintiff Jules Baguio evidenced by a letter
of agreement entered into between defendant and Sabas Baguio herein
attached as “EXHIBIT 1”.

3. The allegations in paragraph 7 are admitted with qualification that the

reason why the parties were not able to reach to an amicable
settlement is because plaintiff did not agree on defendant’s plea to
stay until the end of year 2021.

PRAYER

WHEREFORE, foregoing premises considered, it is most

respectfully prayed of this Honorable Court that:

1. The instant complaint be dismissed;

2. Defendant be allowed to stay in the property until the end of year

2021;

3. Such other reliefs as may be just and equitable under the

circumstances.

Cordova, Cebu, August 31, 2021.

ATTY. CARDO DALISAY

Counsel for Defendant
Room 101, Yburan Building,
1234 Road Street, Poblacion,
Cordova, Cebu City, Philippines
IBP Lifetime No. 014519/2-24-21
PTR NO. 4990569/ 1-14-21
Roll No. 38489
MCLE 000679/05-23-2021
Tel. No. 521-6139

Page 2 of 9
REPUBLIC OF THE PHILIPPINES )
IN THE CITY OF CEBU ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, GEORGE SUMALINOG, of legal age, Filipino citizen, after having

been duly sworn, depose and say, that:

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

2. I have caused the preparation of the foregoing Answer;

3. I have read and understood the allegations therein, and they are true
and correct according to our knowledge and belief and authentic
records.

4. I have not commenced any other action or proceeding involving the

same issues in the Supreme Court, 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, 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 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 signature this

31 day of August 2021, in the City of Cebu, Municipality of Cordova.
st

GEORGE
SUMALINOG
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of August

2021, in the City of Cebu, Municipality of Cordova, Philippines, affiant
exhibited his Driver's License No. 102139 issued at Cebu City, on May 20,
2020.

Page 3 of 9
 NOTARY
PUBLIC

Doc. No. 19
Page No. 9
Book No. 9
Series of 2021.

Copy furnished:

ATTY. JENEVETH I. SITOY

Counsel for the plaintiff
123 Tomaquin Building,
Poblacion, Cordova, Cebu
IBP Lifetime No. 014510/2-24-21
PTR NO. 4990562/ 1-14-21
Roll No. 38488
MCLE 000678/05-23-2021
Tel. No. 521-6137

Page 4 of 9
 Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES (MTCC)
CONSOLACION-CORDOVA
7th Judicial Region
CONSOLACION, Cebu

JULES BAGUIO,
Plaintiff,
CIVIL CASE NO. 123456
FOR: UNLAWFUL DETAINER
WITH
CLAIM FOR DAMAGES,
ATTORNEY’S
FEES, AND LITIGATION COSTS

- versus –

GEORGE SUMALINOG,
Defendant,

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

JUDICIAL AFFIDAVIT OF GEORGE SUMALINOG

I, GEORGE SUMALINOG, Filipino citizen, of legal age, Single,

and a resident of Puso, Cordova, Cebu, Philippines, after having been sworn
to in accordance with law, do hereby depose and state that I am answering
the following questions asked of me by ATTY. CARDO DALISAY, at his
office address at Room 101, Yburan Building, 1234 Road Street, Poblacion,
Cordova, Cebu City, Philippines, fully conscious that I do so under oath, and
I may face criminal liability for false testimony or perjury if proven in court
to be false:

1. Q: As a preliminary question, what is the main purpose, if any, why

you execute this Judicial Affidavit?

A: The main purpose why I execute this Judicial Affidavit is to prove

that I am not occupying the property illegally, and identify documents
and related matter.

Page 5 of 9
 2. Q: How were you able to occupy the property belonging to plaintiff
Jules Baguio?

A: I have been occupying the property since January 01, 2000 by

tolerance from its previous owner, the father of plaintiff, Sabas
Baguio. We are good friends so he executed a letter of agreement for
me to occupy his property.

3. Q: Is the letter of agreement you are talking about the one herein
attached as “EXHIBIT 1”?

A: Yes.

4. What happened next?

A: Sabas died, so the ownership of the property went to his only son,
plaintiff Jules Baguio.

5. Q: What happened next?

A: Jules and I do not get along very well so he wanted me to leave the
property after his father’s death.

6. Did you vacate the property?

A: No, I didn’t because the letter of agreement stated that if I were to

be removed from the property I shall be given until the end of the year
from the demand to vacate.

7. Q: What happened next?

A: Jules commenced a Barangay Conciliation proceeding but we were

not able to reach to an amicable settlement so a Certification to File
Action was issued by the Barangay.

8. Q: Finally, do you know why you are executing the foregoing sworn
statement in this case?

A: Yes, I am executing this sworn statement to be adapted as my

direct examination in this case to prove my answer to the cause/s of
action for unlawful detainer against me in the above-entitled case, and
this judicial affidavit be marked as “EXHIBIT 2”.

IN WITNESS WHEREOF, I have hereunto voluntarily affixed my

signature on August 31, 2021, in Cordova, Cebu, Philippines.

Page 6 of 9
 GEORGE SUMALINOG
Affiant
Driver's License No. 102139
Issued at Cebu City, on May 20, 2020
Valid until May 20, 2025

SUBSCRIBED AND SWORN to before me this 31st day of August

2021, in the City of Cebu, Municipality of Cordova, Philippines, Affiant,
GEORGER SUMALINOG, who is personally known to me, has exhibited
to me his Driver's License No. 102139 issued at Cebu City, on May 20, 2020
as competent proof of his identity. I hereby certify that I have personally
examined the above Affiant and I am satisfied that he has thoroughly read
and understood his Judicial Affidavit; and that he has freely and voluntarily
executed it.

ATTY. CARDO DALISAY

Affiant
IBP Lifetime No. 014519/2-24-21
Roll No. 38489

SUBSCRIBED AND SWORN to before me this 31st day of August

2021, in the City of Cebu, Municipality of Cordova, Philippines, Affiant,
ATTY. CARDO DALISAY, who is personally known to me, has exhibited
to me his Driver's License No. 123459 issued at Cebu City, on June 12, 2020
as competent proof of his identity. I hereby certify that I have personally
examined the above Affiant and I am satisfied that he has thoroughly read
and understood his Sworn Attestation; and that he has freely and voluntarily
executed it.

NOTARY
PUBLIC

Doc. No. 19
Page No. 5
Book No. 4
Series of 2021.

Page 7 of 9
 EXHIBIT 1

LETTER OF AGREEMENT TO FREELY OCCUPY

I, SABAS BAGUIO, owner of an idle lot hereby referred to as

“A parcel of land (Lot No. 01) situated in Cordova, Cebu,

Philippines. Bounded on the North by Lot No. 02, on the West
by Lot No. 03, on the East by Lot No. 04, and on the South by
the sea waters of Cordova Bay. Containing an area of ONE
HUNDRED (100) SQUARE METERS, more or less.”

hereby allow my closest friend, GEORGE SUMALINOG, to occupy the

same property to be utilized as his residence for the years to come from the
signing of this letter. If in any case of conveyance that the property will no
longer be under my ownership, GEORGE SUMALINOG shall be allowed to
stay in the property until after the end of the year from the time demanded to
vacate.

I am executing this letter of my own free will and doing and am not
influenced under any threat, duress or fraud.

Signed this 31st of December, 1999 in Cordova, Cebu City.

SABAS BAGUIO

Signed
GEORGE SUMALINOG

Witnesses

RHEA GAVIOLA

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NOVA ESPINOSA

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