Answer- Unlawful- Detainer PDF

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REPUBLIC OF THE PHILIPPINESThird Judicial Region MUNICIPAL TRIAL COURT IN CITY City of San Jose Del Monte Province of Bulacan Branch 12ARTHUR S. JOSEPlaintiff, Civil Case No. 2018-00319-CV For: UNLAWFUL DETAINER -versus-BERTO S. MARIANO ,Defendant.x---------------------------------xA N S W E R(In re...

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REPUBLIC OF THE PHILIPPINES Third Judicial Region MUNICIPAL TRIAL COURT IN CITY City of San Jose Del Monte Province of Bulacan Branch 12

ARTHUR S. JOSE Plaintiff, Civil Case No. 2018-00319-CV For: UNLAWFUL DETAINER -versusBERTO S. MARIANO, Defendant. x---------------------------------x

A N S W E R (In re: Summons, Received on June 24, 2020)

DEFENDANT, BERTO S. MARIANO, by herself, and to this Honorable Court, most respectfully alleges that: I. ANSWER 1. Paragraphs 1 to 5 of the Complaint are admitted. 2. Paragraphs 6 and 7 of the Complaint are denied for lack of knowledge or information sufficient to form a belief as to the veracity or falsity thereof, the allegations therein being matters known only to, and are within the control only, of the plaintiff, with the truth being that stated in the affirmative defenses. 3. Paragraph 8 of the Complaint is denied for lack of knowledge and information sufficient to form a belief as to the veracity or falsity of the alleged amounts of attorney’s fees agreed upon between the plaintiff and her lawyer. The said paragraph is likewise denied insofar as it alleges that the defendant has no basis or justification to occupy the subject property, the truth being those alleged in the special and affirmative defenses part hereinbelow. II. SPECIAL AND AFFIRMATIVE DEFENSES

4. That the plaintiff only sent only one letter dated August 1, 2018, collecting unknown arrears amounting to SEVENTY TWO THOUSAND PESOS (Php72,000.00) 5. That since the only letter was dated August 1, 2018, the action was filed beyond the one-year reglementary period required by the Rules of Court. III.

COMPULSORY COUNTERCLAIM 6. By reason of the abuse of right committed by the plaintiff and by reason of the instant precipitate and unfounded suit, the defendant was constrained to hire the services of a lawyer to defend his rights and interests for a professional fee of P20,000.00 plus P3,000.00 per court appearance; 7. Similarly, the plaintiff’s unfounded suit has caused the defendant mental anguish and suffering and public humiliation and embarrassment, for which the defendant claims moral damages of P50,000.00.

IV.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the parties be given ample time to reach an amicable settlement before the San Jose Del Monte Mediation Center; and that in case of a failure thereof, and after trial, the complaint be dismissed for lack of merit and the defendant’s compulsory counterclaim be granted, i.e.. attorney’s fees of P20,000.00 plus moral damages of P50,000.00, plus costs of suit. The defendant respectfully prays for such and other reliefs as may be deemed just and equitable in the premises. San Jose Del Monte, Bulacan, July 5, 2010.

SORIANO ROCA LAW OFFICE Counsel for the Defendant Unit 15, Stargreen Promenade, Star Avenue City of San Jose Del Monte, Bulacan By:

(SGD) JIA A. SORIANO IBP Lifetime No. 0199231/4-10-17 PTR No. 6881881/1-22-17/Mla. Roll No. 48819 MCLE Exemption No. V 019238/5-10-17 Tel. No. 642-3244

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING REPUBLIC OF THE PHILIPPINES) CITY OF SAN JOSE DEL MONTE, BULACAN) S.S. I, BERTO S. MARIANO, of legal age, married, Filipino, and with postal address at Blk 20 Lot 1, Brgy. San Rafael, City of San Jose del Monte, Bulacan, under oath, depose: I am the defendant in the foregoing case; that I caused the preparation of the foregoing Answer; that I have read its contents; and that the same are true and correct of my own direct, personal knowledge. Further, pursuant to Rule 7 of the 2019 Rules of Civil Procedure and existing Supreme Court circulars, I hereby certify that I have not heretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and that if I should hereafter learn that other similar or related actions or proceedings has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this court. San Jose Del Monte, Bulacan, July 5, 2020.

(SGD.) BERTO S. MARIANO Affiant/Defendant SSS MEMBER ID NO: 01-34567-2 Issued on July 2020 SUBSCRIBED and sworn to before me in San Jose Del Monte, Bulacan, July 5, 2020, the affiant showing his SSS Member ID Card as stated above as competent proof of his identity.

(SGD.) ATTY. SARAH D. GUIDICELLI Notary Public PTR No. 1234557, Bulacan, 1/12/17 IBP OR No. 654521, Bulacan, 1/12/17 Attorney’s Roll No. 12122 MCLE Compliance Certificate No. IV-0125415, Pasig City, 1/12/17 Doc No. 34; Page No. 112; Book No. 4; Series of 2020.

Cc: EUAN R. MERTOLA IBP Lifetime No. 0155101/2-12-16 PTR No. 5660662/1-23-16/Mla. Roll No. 39976 MCLE Exemption No. V 000487/8-12-15 Tel. No. 321-5316...