Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Sixth Judicial Region
Iloilo City
Branch 4

AMIHAN L. GARCIA CIVIL CASE NO. 102938

Plaintiff, FOR: Unlawful Detainer

-versus-

LAURO A. REYES
Defendant.
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ANSWER

COMES NOW, Defendant, by Counsel, unto this

Honorable Court most respectfully avers, to wit:

1. That defendant ADMITS the allegations contained in

Paragraph Nos. 1 and 2 of the Complaint;

2. That defendant DENIES the allegations contained in

paragraph no. 3 of the Complaint. The truth being that
the plaintiff is not the registered owner of the property
situated at 123 San Jose, Iloilo City but merely a co-
heir among her siblings Aymee Marchus Garcia and
Baby Em Garcia.

3. That defendant ADMITS the allegations contained in

Paragraph No. 4 of the Complaint.

4. That defendant DENIES the allegations contained in

Paragraph 5. The contract was extended for another 12
months from January 31, 2021 to December 31, 2021
through verbal agreement among the co-heirs, Aymee
Marchus Garcia and Baby Em Garcia as evidenced by
the defendant’s issuance of twelve (12) checks for
payment received by Aymee Marchus Garcia with no
notice of dishonor (Copy of the checks addressed to
Amihan Garcia is hereto attached as Exhibit “1”).

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 5. That defendant DENIES the allegations contained in
Paragraph Nos. 6 and 7 of the Complaint. The truth of
which is that, Aymee Marchus Garcia, one of the co-
heirs, had received the payment for the months of
November 2020 to June 2021 of the defendant on
behalf of the plaintiff (Copy of the Special Power of
Attorney executed in favor of Aymee Marchus Garcia is
hereto attached as Exhibit “2”). The continuous
occupation and enjoyment of the defendant over the
said property was not merely tolerated but it was the
defendant’s right as a lessor.

6. That defendant DENIES the allegations contained

in paragraph nos. 8, 9 and 10 of the Complaint. The
plaintiff did not make any oral demand but the
defendant had only received one (1) demand letter last
October 2, 2021, attached as Annex B of the plaintiff.
The defendant, despite the receipt of the demand letter
to vacate disregarded the same for the reason that a
lessee who had paid religiously his rental dues cannot
be ousted by the lessor from the property (Copy of the
Checks is hereto attached as Exhibit “3”);

7. That defendant ADMITS the allegations contained in

paragraph 11 of the Complaint.

AFFIRMATIVE DEFENSES

8. That the defendant hereby repleads the foregoing

allegation in so far as they are material hereto;

9. That the plaintiff has no cause of action against the

defendant and the complaint states none.

9.1 Defendant has already paid rental dues

through checks issued in favor of the plaintiff. The
amount indicated in the check was properly credited
from the defendant’s account as proved by the bank
certification check clearance.

9.2 A verbal agreement struck between the co-

heirs that the contract will be extended from January
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 31, 2021 to January 31, 2022. Thus, twelve (12)
checks were issued in favor of the plaintiff as payment
for the extension of the contract.

PRAYER

WHEREFORE, premises considered, the defendant

respectfully prays that judgment be rendered in his favor
and order the dismissal of the case. Defendant further prays
that the plaintiff be ordered to pay them the following
amounts:

Attorney’s Fees in the amount of one hundred thousand

(P100,000) pesos, moral damages for the sleepless nights,
besmirched reputation and mental anxiety caused by the
plaintiff’s filing of the suit.

All reliefs which are just and equitable under the

circumstances are likewise prayed for.

RESPECTFULLY SUBMITTED this 21st day of February

2022 at Iloilo City, Philippines.

IMC LAW OFFICE

Counsel for Defendant
2nd Floor, Las Estrellas Bldg.,
MH Del Pilar St.
Iloilo City

By:

ATTY. IRA MARIE C. CAMOCON

Roll of Attorneys No. 999888
IBP Life Member Roll No. 461216; 11/22/2023
MCLE Exemption No. IV-246810; 09/20/2024
PTR No. 68251; 12/31/2023
Email: imcamocon@usa.edu.ph
Contact No: 09056685675

Republic of the Philippines.)

Iloilo City…………..) S.S
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VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

I, LAURO A. REYES, of legal age, single, and a

resident of Brgy. Magsaysay, Iloilo City, Philippines, after
having duly sworn to in accordance with the law, hereby
depose and say:
1. That I am the defendant in the above-entitled complaint;
2. That I have caused the preparation of the said answer
and have read and understood the allegations therein
contained and that the same are true and correct based on
my personal knowledge and on authentic records;
4. That I have not therefore commenced any action or filed
any claim involving the same issue in any court, tribunal, or
quasi-judicial agency, and to the best of my knowledge, no
such other action or claim is pending therein, and if I should
thereafter learn that the same or similar action or claim has
been filed or is pending, I shall report the fact within five
days therefrom to the court where the aforesaid complaint
or pleading has been filed.

In witness whereof, I hereunto set my hand this 18th

day of February 2022 at Iloilo City, Philippines.

LAURO A. REYES
Affiant

SUBSCRIBED AND SWORN to before me, a notary public, this

18th day of February 2022 at Iloilo City, Philippines, Affiant exhibited
to me her SSS ID No. 01-036439872-6.

WITNESS MY HAND AND SEAL.

ATTY. MARY MARGARETTE G. DEVEZA
NOTARY PUBLIC
Doc. No. 45; NOTARIAL COMM. REG. NO. 46
Page No. 6; UNTIL DEC. 31, 2022
Book No. III; ROLL NO. 83354
IBP NO. 1008813/JAN. 4, 2023/Iloilo City
Series of 2022.
PTR NO. 8877442/ JAN. 2, 2023/ Iloilo City
MCLE COMPLIANCE NO. VI-009773
Valid until May 14, 2024
Iloilo City

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