REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

______ JUDICIAL REGION
BRANCH ___

SPS. JUAN DELA CRUZ and

JUANA DELA CRUZ,
Plaintiffs, CIVIL CASE NO. __________
For: Forcible Entry and
Damages with Prayer for the
-versus-
Issuance of a Temporary
Restraining Order and /or Writ
SPS. PEDRO DELA CRUZ and of Preliminary Prohibitory
PEDRITA DELA CRUZ, Injunction
Defendants.
x-------------------------------------------x

BRIEF FOR THE APPELLEES

Appellees, thru counsel, and unto this Honorable Court respectfully

submits the brief in answer to that of the appellant.

PREFATORY STATEMENT
The Trial Court did not commit any error in the Decision dated
_________________ and so must be sustained.

THE PARTIES

_________________________________ are the plaintiffs-appellees as represented

by Atty. _________________________ where process and notice from this court may
be served at ___________________________________________________, while
________________________________________ are the defendants-appellants as
represented by Atty. ______________________ of ______________________ Law Offices.

TIMELINESS OF THE APPEAL

Records indicate that the Municipal Trial Court of ___________________

rendered the assailed Decision on _____________________. A Notice of Appeal was
filed by defendants-appellants on __________________________. The complete
records of the case were then forwarded to this Court on ___________________.
Consequently, the Court issued an Order dated ____________________ wherein
defendants-appellants were instructed to file their memorandum within
fifteen (15) days from receipt of the said Order. Plaintiffs-appellees were
likewise instructed in the same Order to file their own Memorandum within
the same period of fifteen (15) days upon receipt of the Memorandum filed by
defendants-appellants. Plaintiffs-appellees received the appellants’
Memorandum on ______________________. Hence, this timely compliance.

COUNTER-STATEMENT OF FACTS

The statement of facts made by appellants in their brief captioned as

Memorandum for the Appellants is so inaccurate and not supported by
established facts and law, that we prefer to make our own counter-statement
of facts as appearing in the records of this case.

It must first be given emphasis that the appellants failed to file their
Answer to the appellees’ Complaint filed before the Municipal Trial Court of
____________________________. As one of the direct consequences of appellants’
failure, said Court rendered the assailed Decision dated _____________________
based solely on the Complaint and supporting evidence submitted by the
appellees as mandated by and in accordance with the Rules.

ARGUMENT

Appellants discussed their assigned errors jointly and alleged that:

“Appellees have no cause of action for forcible entry against the appellants
hence it was error for the Court a quo to have rendered the ______________
Decision.”

In answer to the above assignment of error, appellees replead the

aforementioned counter-statement of facts.

Appellants have been given ample opportunity before the lower Court yet
they neglected to defend their case in utter disregard of Court processes. A
reading of the appellants’ Memorandum would readily show that the
allegations therein were essentially what their Answer for the Complaint
should have contained. As such, appellants are aiming to have the Court
appreciate their evidence which they have failed to present right at the very
outset before the lower Court.
In the case of Fairland Knitcraft Corporation vs. Loo Po, 1 the Supreme
Court discussed what is meant by the defendant’s failure to file an answer in a
case which is covered by the Rules on Summary Procedure such as this
ejectment suit. Section 6 of the aforementioned rule was explained therein:
“Section 6 is clear that in case the defendant failed to file
his answer, the court shall render judgment, either motu
proprio or upon plaintiff’s motion, based solely on the facts
alleged in the complaint and limited to what is prayed for. The
failure of the defendant to timely file his answer and to
controvert the claim against him constitutes his
acquiescence to every allegation stated in the complaint.
Logically, there is nothing to be done in this situation 2 except to
render judgment as may be warranted by the facts alleged in
the complaint.3” (emphasis supplied)
1
G.R. No. 217694, January 27, 2016
2
Id. Citing Luceres, Bernardo M., Revised Rule of Summary Procedure, 1st Ed., p. 14 (2011).
3
Id. Citing Section 6, Resolution of the Court En Banc, dated October 15, 1991, providing for the Revised Rule on
Summary Procedure for Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and
 PRAYER FOR RELIEF

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court to AFFIRM the Decision of the Municipal Trial Court
___________________________, dated ___________________, in Civil Case No. ____________
and consequently DENY due course to the appeal filed by Defendants-
Appellants for lack of merit.

Other relief, just and equitable, are also prayed for.

____________________________________, ________________________

____________________________
Counsel for the Plaintiffs

Municipal Circuit Trial Courts.