Republic of the Philippines

MUNICIPAL TRIAL COURT

First Judicial Region
Branch 426-A
BAGUIO CITY

CYNTHIA PANGILINAN,
Plaintiff,
CIVIL CASE NO.
For: Unlawful Detainer
- versus -

LEILA HONTIVEROS, RICHARD ANDANAR,

VICO MORENA,
Defendants.
X-----------------------X

ANSWER

The undersigned DEFENDANTS, unto this Honorable Court, most

respectfully aver that:
1. Paragraphs 1 to 5 are admitted.

2. Paragraph 6 is admitted but only insofar as the death of Rodrigo Go

Sr. The defendant-lessees deny knowledge of the fact of existence of
other co-owners or heirs of the lessor as this was not made known to
them by the lessor nor was such fact indicated in the contract of lease.

3. Paragraph 7 is denied for lack of sufficient knowledge thereof.

4. Paragraphs 8 and 9 are denied. The defendant-lessees received no

notice whatsoever, whether verbal or in writing, of the change in the
person of the lessor nor was there an agreement of any kind that
rentals were to be paid to Plaintiff.

5. The rest of the allegations are denied, the truth being that stated in the
affirmative and special defenses hereunder.

SPECIAL AND AFFIRMATIVE DEFENSES

6. Under the contract of lease, in case the lessor dies and the lessee does
not know to whom payment of the rent shall be made, the same shall
be consigned in the proper court of Baguio. The contract further states
that the contract of lease shall be binding even upon the Successors in
interest of the lessor. A copy of the contract of lease is hereto attached
as “ANNEX 1”.
7. Upon the death of Rodrigo Go Sr. in the year 1997, the defendant-
lessees began to consign their payment of the rental fees to the court,
not knowing to whom payment should be made. Since none of the
heirs of the lessor claimed for the payment of rental fees, the
defendant-lessees have continued to consign their payment of the
rental fees to the court pursuant to the lease contract, even after the
expiration of the period of lease up to the present year in good faith. A
copy of the proof of consignation to the court is hereto attached as
“ANNEX 2”.
8. Further, publication in the newspaper of general circulation once a
week for three consecutive weeks was made notifying any heirs,
assignees, or successors in interest of such consignation of payment
of rental fees in the Municipal Trial Court of Baguio. A copy of the
proof of the said publication is attached hereto as “ANNEX 3”.
9. Despite publication of the notice of consignation in court of the rental
fees, no heir, assignee, or successor in interest made a claim on the
rental payment in court.
10.The defendant-lessees did not receive any demand letter from the
Plaintiff. The attached demand letter by the Plaintiff in their complaint
had no proof of receipt in it. Hence, the plaintiff failed to comply with
the conditional requirement before the filing of the suit for Unlawful
detainer. Attached hereto is the copy of the alleged demand letter
which contained no proof of receipt as “ANNEX 4”.

11.Despite explaining to the plaintiff of the fact of consignment of the

said rental fees to the court in the barangay conciliation, the plaintiff
still filed the suit for unlawful detainer in order to oust the defendant-
lessees from the premises. The suit filed by the plaintiff is nothing but
a harassing tactic in order to force the defendant-lessees to vacate the
premises.

BY WAY OF COUNTERCLAIM

12. Due to the malicious filing of this instant suit, Defendant-lessees was
forced to hire the services of the undersigned counsel for and agreed
amount of One Hundred Thousand Pesos (Php 100,000.00) and have
suffered sleepless nights and besmirched reputation which when
quantified in monetary terms is in the amount of One Hundred
Thousand Pesos (Php 100,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, the defendants

respectfully pray for the dismissal of the complaint on the ground of
payment and the award of counterclaim to them.
 Other reliefs just and equitable under the premises are likewise
prayed for.
City of Baguio, Philippines, 7th day of January 2020.
BARNES AND ASSOCIATES LAW OFFICE
Counsel for the Defendants
th
4 floor, CAP bldg., Post Office Loop, Baguio City

By:

Atty. Deborah Micah O. Perez

Roll No. 56789; May 6, 2018; Manila
PTR No. 1234567; January 5, 2019; Baguio City
IBP No. 54321; January 5, 2019; Baguio-Benguet
Tel No. 09088976816
e-mail: msdebbieperez17@gmail.com
th
4 floor, CAP bldg., Post Office Loop, Baguio City, Philippines

(kindly indicate as well your respective names, signatures and notarial

commissions)

(VERIFICATION AND CERTIFICATION OF NON-

FORUM SHOPPING)

Copy Furnished: Through Personal Service

DE LA CRUZ AND ASSOCIATES
Counsel for the Plaintiff
Suite 507, National Life Building, Session road, Baguio City