Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Eighth Judicial
Region Tacloban City
Branch 2

KRISTINE A. QUISUMBING,
Plaintiff, CIVIL CASE NO.: 2018-11-22-CV

-versus- FOR: EJECTMENT (UNLAWFUL

DETAINER) with PRAYER FOR
DON MARIANO L. ABELLA, PRELIMINARY MANDATORY
Defendant. INJUNCTION
x x

A N S W E R
DEFENDANTS, by counsel, in Answer to the Complaint, respectfully
state as follows:

1. Paragraphs 1, 2 and 3 of the Complaint, relating to the personal

circumstances of the parties, are admitted only in so far as the
Defendant is concerned but those relating to the Plaintiff are
specifically denied for lack of knowledge or information sufficient
to form a belief as to their truth or falsity;

2. Paragraph 4 of the Complaint alleging existence of a Lease

Contract is admitted and that the Defendant is the same Lessee
who executed the instrument;

3. Defendant have no knowledge regarding the alleging n Paragraphs

5 to 7 with reference to the demand notices and even assuming
that the same exist, they were procured by means of fraud and/or
illegal acts;

4. Paragraphs 8 to 12 alleging oral demands to vacate, attorney’s fees

and the computed back rentals that are exorbitant are specifically
denied the truth being that Plaintiff did not make any oral demand
to the Defendant and lack of knowledge or information sufficient
to form a belief as to their truth or falsity;

5. Paragraphs 13 to 16 of the Complaint alleging matters in support of

their application for a writ of preliminary injunction are specifically
denied for being erroneous and baseless conclusions the basis for
which would be discussed in the affirmative defenses.
 AFFIRMATIVE DEFENSES

6. Defendant hereby repleads the foregoing allegations in so far as

they are material hereto;

7. The Plaintiff has no cause of action against Defendants and the

Complaint states none.
7.1. Defendant has already paid the rental fees through a
check issued in favor of the Plaintiff. The check was given
to the Plaintiff on the month of July. A handwritten receipt
was given by the Plaintiff to the Defendant as proof
payment attached as Annex “1” and no notice of dishonor
from the bank was presented by the Plaintiff. The amount
indicated in the check was properly credited from the
Defendant’s account as proved by the banks Certification
of Check Clearance attached as Annex “2”.

7.2 An oral agreement was struck between the parties that on

the month of April the Defendant will withhold payments
of rental until the month of July in favor of the
Defendant’s voluntarily shouldering the repair and
rewiring of the entire electrical supply which costs more
than Php 55,000.00 FIFTY FIVE THOUSAND PESOS as
evidenced by the receipt issued by a private electrical
service center attached as Annex “3”and receipts for the
electrical hardwares and supplies attached as Annex “4”.

7.3 The repair and rewiring of the entire apartment was a

necessity for the apartment itself was already old and no
electrical maintenance was done by the previous lessee.
The condition was alarming to such extent that it may
cause an electrical shortage and eventually lead to fire as
proofed by the Bureau of Fire Protection’s Certification of
Inspection attached as Annex “5”.

8. Plaintiff’s right of action, assuming it has any, has already

prescribed and/or is barred by laches;

COMPULSORY COUNTERCLAIM

9. Defendants hereby replead the foregoing allegations in so far as

they are material hereto;
 10. In order to answer this baseless and malicious suit instituted by the
Plaintiff, Defendant was constrained to hire the services of counsel
and incur attorney’s fees in the amount of Twenty Thousand Pesos
(P20,000.00) plus Five Hundred Pesos (P2,000.00) for every
hearing. Defendant would also be forced to spend litigation
expenses in the amount of Three Thousand Pesos (P3,000.00) for
each of them;

11. Due to the filing of this baseless and malicious suit, Defendant
suffered mental anguish, sleeple ss nights and other moral
damages which are assessable in the amount of Fifteen Thousand
Pesos (P15,000.00).
PRAYER

WHEREFORE, premises considered, Defendant most respectfully and

humbly prays that a hearing be held on their Affirmative Defenses and
that thereafter, the Complaint be DISMISSED. Defendant further prays
that that the Plaintiff be ordered to pay them the following amounts:

1. P20,000.00 as attorney’s fees plus P2,000.00 for every

hearing;
2. P3,000.00 as litigation expenses;
3. P15,000.00 as moral damages; and
4. Costs of this suit.

Other and further reliefs just and equitable under the premises are
likewise prayed for.

Tacloban City; January 12, 2018.

RMD LAW OFFICE

Counsel for Defendant
SCA Bldg., Real St.,
Tacloban City, Leyte
Telephone No. (053) 321-6666

By:

ATTY. JOSE M. CAZAL

Roll Of Attorneys No. 202789
IBP Life Member Roll No. 22222; 01-18-13
MCLE Exemption No.III-001075; Mar. 08, 2010
PTR No. 380; 01-04-2011; Tacloban City., Leyte
Copy Furnished: By personal service.

Atty. LEONILO C. CRUZ

Counsel for Plaintiff
Suite 31, New Era Bldg.,
No. 10, P. Burgos St.,
Tacloban City
Received by: Date:
 VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

I, DON MARIANO L. ABELLA, of legal age, Filipino, single and

currently residing at 64 P. Burgos St., Tacloban City, and after having
been duly sworn in accordance with law, depose and state that:

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

2. I caused the preparation of the foregoing ANSWER;

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 of copies of documents and records in my possession;

IN WITNESS HEREOF, I have hereunto affixed my signature this 12 th

day of January 2018, in Tacloban City, Philippines.

DON MARIANO L. ABELLA

Affiant

SUBSCRIBED AND SWORN TO Before me this 12 th day of January

2018, in the City of Tacloban, Leyte, Philippines, affiant being personally
known to me. Witness my hand and seal in the date and place above-
mentioned.

ATTY. MARIA CLARA DOMINGUEZ

Commission No. 12346, until December 31,
Doc. No.: 40; 2018
Roll No. 51232/May 10, 2006
Page No.: 08 PTR No. 9835513/1-03-18 Palo, Leyte
Book No.: I; IBP O.R. NO. 1030223/01-03-18, Leyte Chapter
Series of 2018 MCLE Compliance No. V-0004455, 11-12-2014