REPUBLIC OF THE PHILIPPINES

NEVERLAND JUDICIAL REGION

REGIONAL TRIAL COURT
Branch ____, -----------

Municipality of Alpha,
Plaintiff,

Civil Case No.: 123-456-78

-versus-
For: Petition for Injunction with
prayer for the issuance of a TRO
and Preliminary Attachment.

ABC Realty, Nature’s Best

And Municipality of Bravo,
Defendants.
x---------------------------------------------x

ANSWER WITH MOTION TO DISMISS AND

APPLICATION FOR ISSUANCE OF WRIT OF
TEMPORARY RESTRAINING ORDER AND/OR
PRELIMINARY INJUNCTION

DEFENDANTS, by counsel, respectfully states that:

Admissions/Denials

9. It admit as to the contents of paragraphs 2,3,4 and 5 of the

COMPLAINT insofar as the circumstances of the parties in this
case;

2. It admit to the contents of paragraph 6 only to the circumstances

surrounding the Affirmative Defenses;

3. It admit to the contents of paragraph 10 and 11 only to extent

which provides the power of local government unit to collect and
imposed fees;

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4. It specifically deny contents of paragraph 8,9, 10, and 12 in so far
as their right to collect the fees are concerned.

Affirmative Defenses

5. Defendants reiterate, replead and incorporate by reference all the

foregoing insofar as they are material and additionally submit that the
Complaint should be dismissed because:

5.1. The contested land is within the jurisdiction of Municipality

of Bravo as per the survey plan of Municipality of Bravo (“Annex A”);

5.2. Plaintiff has no cause of action to claim the business

permit fees as it is within its power of Municipality of Bravo to
imposed such fee;

5.3. Consequentially, Plaintiff has no basis to file an injunction

against the defendant.

5.4 By virtue of a law creating the Municipality of Bravo, the

defendants has the right to collect and imposed tax, fees and charges

5.5 The acts of the Legislature in enacting the law which

created the Municipality of Bravo should be respected as plaintiffs
failed to overcome the presumption of validity or constitutionality of
the law.

6. The application of the Plaintiff for a Temporary Restraining

Order (TRO) and Preliminary Injunction should be dismissed
because:

6.1 Section 3, Rule 58 of the Rules of Court provides that a

TRO or preliminary injunction may be granted when the party is doing
some act in violation of the rights of the applicant;

6.2. For a TRO to be issued, the Supreme Court in Spouses

Dulnuan v. Metropolitan Bank & Trust Company, G.R. No. 196864,
July 8, 2015, a clear and unmistakable right to be protected must be
established.

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 6.2. Consequently, the plaintiff has no jurisdiction over the
contested land and therefore cannot enjoin the defendant for its
lawful exercise of rights.

MOTION TO DISMISS

7. The complaint must be dismissed because:

7.1. The doctrine of exhaustion of administrative remedies

states that one should avail all the means of administrative processes
provided by law before seeking the intervention of the court.
Exhaustion of administrative remedies is a condition precedent before
filing a judicial complaint.

7.2. Rule 16 of the Rules of Court provides that a motion to

dismissed may be made due to a condition precedent for filing the
claim which has not been complied with.

7.3. There is a pending administrative case with the

Department of Environment and Natural Resources and Land
Registration Authority for an application of the survey plan between
the Municipality of Alpha and Municipality of Bravo.

7.4. Therefore, the complaint is premature and must be

dismissed due to failure to comply with a condition precedent for filing
a claim.

MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR

PRELIMINARY INJUNCTION

8. The private respondents must be enjoined from collecting taxes

fees and taxes from ABC Realty and Nature’s Best because:

8.1. Section 201 and 247 of the Local Government Code

(LGC) provides that appraisal and collection of real property tax is
vested in the locality where the property is situated.

8.2. The contested land is within the jurisdiction of Municipality

of Bravo as per the survey plan of Municipality of Bravo (“Annex A”);

8.3. For the preservation of the rights of the parties pending

such proceedings, in the light of the circumstances, there is an
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imperative necessity for the issuance of a writ of preliminary
injunction to enjoin or restrain the collection of taxes by Municipality
of Alpha.

9. The private respondents must be enjoined from blocking the

entry/access over the contested area because:

9.1. The clients of ABC Realty and Nature’s Best were not
allowed entry/access by the Municipality of Alpha in violation of their
right to property and without the due process of law.

9.2. The continued blockage will result to damage to the

economic properties of the private defendant.

9.3. If the continued act is not enjoined, PLAINTIFF would

continue to cause an injustice to the DEFENDANT by effectively
disrupting their business operations and loss of business income
without any legal right.

COUNTER-CLAIM

10. The private defendant must be awarded actual or

compensatory damages because:
10.1. The clients of ABC Realty and Nature’s Best were not
allowed entry/access by the Municipality of Alpha in violation of their
right to property and without the due process of law.

10.2. Article 2199 of the new Civil Code provides that except as
provided by law or by stipulation, one is entitled to an adequate
compensation only for such pecuniary loss suffered by him as he has
duly proved.

10.3. Such blockage resulted to actual loss of company

earnings and profits amounting to P500,000.00.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

before this Honorable Court, that judgment be rendered in favour of
the Defendant, as follows:

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 a.) The COMPLAINT filed by the Plaintiff be dismissed for lack
of merit and for being premature;

b.) At the outset, Defendant most respectfully seek for the

issuance of temporary restraining order addressed to the plaintiff,
their subordinates and all persons acting under him to refrain from
collecting business permit fees from ABC Realty and Nature’s Best
and to refrain from blocking the entry to the disputed land; and

c.) Award P 500,000.00 as compensatory damages.

Such other relief and remedies as may be deemed just and equitable
under the premises are likewise prayed for.

------------, 28 November 2019.

THE LAW OFFICES OF PULA-PULA

Counsel for the Defendants
Suite 2417, Strata 200
F. Ortigas Jr. Road, Ortigas Center,
Pasig City 1605
Tel. Nos. 577-4679
Info@codelaw.com
By:

Atty. John Von De Luna

THE LAW OFFICES OF PULA-PULA
IBP No. 23456, 01. 03.19, Makati City
PTR No. 1234567, 01.03.19, Pasig City
MCLE Compliance No. VI- 0012345, 02.29.19
Roll No. 57980

Atty. Hurjae Lubag

THE LAW OFFICES OF PULA-PULA
IBP No. 789102, 01. 03.19, Makati City
PTR No. 1234567, 01.03.19, Pasig City
MCLE Compliance No. VI- 0012347, 02.29.19
Roll No. 57981

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 VERIFICATION

I, Demi Aubrey Panlilio, of legal age, married, Filipino, and

residing at 454 K, L & E Villas, Pasolo Road, Valenzuela City: that I
am the President of the Defendant ABC Realty Corporation and a
Board Member of Defendant Nature’s Best Corporation; that I was
authorized by the defendant corporations to represent their interest in
this case as certified by their respective board members; that I
caused the preparation thereof; that I have read its contents; and that
the same are true and correct of my own direct/personal knowledge
and based on authentic records.

------------, 28 November 2019.

Demi Aubrey Panlilio

Affiant/Defendant

SUBSCRIBED AND SWORN to before me in Pasay City, on

this 29th day of November 2019, the affiant/defendant showing her
Driver’s License No. 1237049-29237

NOTARY PUBLIC

Doc. No.___
Page No. ___
Book No. ___
Series of 2019

Copy Furnished:

Atty. Jesus II Macalinao

Counsel for the Plaintiff
JESUS IS THE WAY LAW OFFICE
Counsel of the plaintiff
Suite 506 Don Santiago Building, 1344 Taft Ave., Ermita, Manila
Registry Receipt No. 56970
Post Office: Pasig City Post Office
Date: November 27 2019
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