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Republic of the Philippines

Sixth Judicial Region


MUNICIPAL TRIAL COURT
Branch 6
Iloilo City

ALBERT T. RODRIGUEZ
Plaintiff,

Civil Case No.


432158
For: Forcible
Entry

CARLOS R. CALINOG
Defendant.
x ----------------------------------------- x

ANSWER

COMES NOW DEFENDANT CARLOS R. CALINOG, by counsel


and unto this Honorable Court, respectfully states and avers that:

1. Defendant admits the allegations contained in


paragraph 1 of the Complaint;

2. Insofar as paragraph 3 is concerned, the Plaintif


requested the Defendant to accompany her to the said property
to show the Defendant the house which the Plaintif wants to rent
out to the Defendant, to which the Defendant reluctantly agreed.
The Defendant at that time was looking for a house to rent and
the Plaintif saw an opportunity to earn money on her otherwise
idle property;

3. Defendant strongly denies the allegations


contained in paragraph 4 of the Complaint. In fact, the Plaintif
is unknown to the Defendant. The Defendant only knew the
Plaintif after the former called her to inquire about the house for
rent of the latter;

4. Defendant and Plaintif entered into a lease agreement


whereby the Plaintif agreed to rent out her house for a period of
one (1) year starting in 15 May 2016. The amount paid by the
Defendant was 120,000.00 for the whole year and a security

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deposit amounting to 20,000.00. A copy of the
acknowledgement letter is attached as Annex 1;
5. For paragraphs 3 and 4 of the Complaint, the
Defendant denies;

6. The Defendant admits paragraph 5 of the


Complaint insofar as the receipt of the letter is concerned but not
to the contents thereof;
7. Plaintif was not in possession of the subject property
before the Defendant occupied the same. The Supreme Court
held in the following cases, to wit:

Accordingly, in forcible entry, the plaintif must allege in


the complaint and prove that he was in prior physical
possession of the property in litigation until he was deprived
thereof by the defendant, but in unlawful detainer, the
plaintif need not have prior physical possession of the
property (Demamay vs. Court of Appeals, 186 SCRA 608,
612 [1990]) or, elsewise stated, prior physical possession is
not an indispensable requirement in an unlawful detainer
case. (Pangilinan vs. Aguilar, 43 SCRA 136, 144 [1972])

8. Considering the Defendant having paid the rentals in


advance and the security deposit, Plaintif has no right to evict
the former;

9. Defendant had experienced harassment causing


sleepless nights and peace of mind to the extent that the
Defendant studies as a law student had sufered. In this regard,
the Plaintif should be made liable to pay moral damages
amounting to 30,000.00;

10. In instituting this unwarranted and clearly unfounded


suit against the Defendant, Plaintif had acted in a wanton,
fraudulent, reckless and malevolent manner and, by way of
example or correction for the public good, Plaintif should be
made liable to pay Defendant exemplary damages in the total
amount of PESOS: ONE HUNDRED THOUSAND (100,000.00);

11. As a further consequence of the malicious and


wrongful filing of the present action, Defendant was constrained
to hire the services of counsel for a legal fee of PESOS: FIFTY
THOUSAND (50,000.00), plus PESOS: TWO THOSUAND
(2,000.00) per court appearance, and to incur expenses of
litigation for which plaintif should be made to pay.

PRAYER

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WHEREFORE, PREMISES CONSIDERED, Defendant
respectfully prays to this Honorable Court to:

a) Compel the Plaintif to honor the lease agreement;

b) In the alternative, to order the Plaintif to return the


unused advance rental paid amounting to PESOS:TEN
THOUSAND (PhP10,000.00) and the security deposit
amounting to PESOS:TWENTY THOUSAND
(20,000.00);

c) AWARD moral damages in the amount of 30,000.00;

d) AWARD exemplary damages in the amount of


100,000.00;

e) AWARD Attorneys fee in the amount of 60,000.00;


and

f) Cost of suit.

Defendant prays for such other reliefs, just and equitable


under the circumstances.

Iloilo City; March 9, 2017.

ATTY. LOVELY ANGEL URBANO LAI


Counsel for Plaintiff
Roll No. 0000
IBP No. 000 Lifetime
PTR No. xx - 1/2/20 Iloilo
MCLE Compliance IV No. Ix021xxxxxxx
Issued on October 12, 2019

Republic of the Philippines)

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City of Iloilo) S.S.

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING

I, CARLOS R. CALINOG, of legal age, Filipino, and with postal


address at Jaro 1468 Rizal Street Molo, Iloilo City, after having
been duly sworn in accordance with law, hereby depose and state
that:

1. I am the Plaintif in the above-mentioned case;

2. I have caused the preparation and filing of the foregoing


Complaint;

3. I have read the contents of the foregoing Complaint; the


facts stated therein are true and correct to the best of
my own personal knowledge and based on authentic
records;

4. I have not commenced any other action or proceeding


involving the same issues in the Supreme Court, Court of
Appeals, or diferent divisions thereof, or any other
tribunal or agency, and that to the best of my
knowledge, no such action or proceeding is pending in
the Supreme Court, Court of Appeals, or diferent
divisions thereof, or in any other tribunal or agency;

5. If I should thereafter learn that the same or similar


action or proceeding has been filed or is pending before
the Supreme Court, Court of Appeals, or diferent
divisions thereof, or in any other tribunal or agency, I
undertake to promptly report such fact within five (5)
days to this Honorable Court;

6. This Verification/Certification of Non-Forum Shopping is


being filed in good faith.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this 9th day of March 2017 at the City of Iloilo
.

Carlos R. Calinog
Affiant

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SUBSCRIBED AND SWORN TO before me this 9 th day of
February 2017 at the City of Iloilo; affiant with a competent
evidence of identity and exhibiting to me her Drivers License No.
456789, issued on January 12, 2016 by the Land Transportation
Office, bearing her photograph and signature.

NOTARY PUBLIC
Atty. FLORLYN M. PAMA
Roll No. 021413
IBP No. 314120 dated 1-2-13
MCLE Compliance No. 11- 00043527

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