Republic of the Philippines
FIFTH JUDICIAL REGION
Municipal Trial Court in Cities
Legazpi City
Branch 2
Hall of Justice Bldg., Rawis, Legazpi City
JUAN S. DELA CRUZ,
Plaintiff,
CIVIL CASE NO. 123456
For: Unlawful Detainer
-versus-
PABLO A. STA. MARIA,
Defendant.
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ANSWER
COMES NOW, defendant through the undersigned
counsel, unto this Honorable Court, most respectfully submit
his Answer, averring THAT:
A. Paragraphs 1, 2, 3, and 4 of the Complaint are
admitted;
B. Paragraph 5 of the Complaint is categorically denied
because defendant did not fail to pay to plaintiff the
rentals for the month of December 2020. Defendant
only asked for an extension to pay due to the delay in
his salary. A copy of the Acknowledgment Receipt
signed by the plaintiff dated December 20, 2020 is
attached herein as Annex “1”.
C. Plaintiff clearly withheld evidence and lied under oath in
risk of perjury stating that defendant did not pay him
the rentals for the month of December 2020 when his
signature is clear in the Acknowledgment Receipt
signifying his receipt of the said payment. Plaintiff’s
signature on the Acknowledgment Receipt is bracketed
and sub-marked as Annex “1-A” herein.
D. Paragraph 6 is admitted. While paragraph 7 is admitted
only until the fact of plaintiff’s oral demands to
defendant. Plaintiff and defendant did talk after
defendant was not able to pay plaintiff on time due to
the delay in the payment of his salary and defendant
merely asked plaintiff for another extension by the end
of the month of January. This is expounded on the
Judicial Affidavit of Defendant Pablo A. Sta. Maria,
attached herein as Annex “2”.
E. Plaintiff then filed for Barangay Conciliation demanding
that defendant vacate the premises and pay the
alleged unpaid rentals but defendant was clear that he
paid his rental obligations to plaintiff during the said
conciliation. Because plaintiff was adamant in forcing
defendant to vacate the said premises, the Barangay
Conciliation failed.
F. Only after the failure of the Barangay Conciliation did
the plaintiff, through his house-help, made the
defendant receive a demand letter demanding
defendant to vacate the said premises and pay to
plaintiff the alleged unpaid rentals under risk of filing a
case to court.
G. Defendant attempted to talk with the plaintiff, but
plaintiff was always not present whenever he went to
plaintiff’s residence. On 19 March 2021, defendant
received a complaint for unlawful detainer filed by
plaintiff, through his counsel, prompting defendant to
file his Answer.
WHEREFORE, premises duly considered, it is most
respectfully prayed that the Honorable Court render a
judgment DISMISSING the instant complaint for utter lack of
merit and declare plaintiff to have committed perjury under
penalty of law.
Legazpi City, March 22, 2021
ATTY. RAY JOSHUA C. ARELLANO
Roll No. 123456
PTR No. 123456 – 01/07/2021
IBP No. 123456 – 01/03/2020
(Pending IBP No.; IBP Dues paid on 01/07/2021)
No. 15 2/F V&O Bldg., Lapu-lapu St., Legazpi City 4500
jvarellano15@gmail.com
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, Pablo A. Sta. Maria, of legal age, Filipino citizen, with
residence and postal address at No. 123 Binanuahan Rd.,
Binanuahan West, Legazpi City, Albay, after having been
duly sworn to in accordance with law, hereby depose and
state THAT:
1. I am the defendant in the above-captioned case;
2. The allegations in the pleading are true and correct
based on my personal knowledge, or based on
authentic documents;
3. The pleading is not filed to harass, cause unnecessary
delay, or needlessly increase the cost of litigation;
4. The factual allegations therein have evidentiary support
or, if specifically so identified, will likewise have
evidentiary support after a reasonable opportunity
for discovery;
5. I have not theretofore commenced any action or filed
any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of his
or her knowledge, no such other action or claim is
pending therein;
6. If there is such other pending action or claim, a
complete statement of the present status thereof;
7. If I should thereafter learn that the same or similar
action or claim has been filed or is pending, I shall
report that fact within five (5) calendar days therefrom
to the court wherein my aforesaid complaint or
initiatory pleading has been filed;
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 15th day of March, 2021 in Legazpi City,
Philippines.
PABLO A. STA. MARIA
Affiant
SUBSCRIBED AND SWORN to before me, a Notary Public
for and in the City of Legazpi and Province of Albay, this 22 nd
day of March, 2021 in Legazpi City, Philippines, affiant
personally appearing before me and exhibiting to me his
Driver’s License with License No. E02-12-345678-9 with
expiry date on 2025/06/23 as his competent proof of
identity.
Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2021.
Copy furnished:
ATTY. RHEY VINCENT A. CAPAYAS
2F Insular Life Bldg., Rizal St., Legazpi City
