Answer Unlawful Detainer

Republic of the Philippines


National Capital Judicial Region

METROPOLITAN TRIAL COURT

Branch 16, Manila

DON C. MEJIA,

Plaintiff,

-versus-

Civil Case No. 181381-CV

FOR: Unlawful Detainer

MS.JANE M. RECTO and

MR. VEDASTO MAGPANTAY,

Defendants.

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A N S W E R

1. DEFENDANT, JANE M. RECTO, by herself, and to this Honorable Court, most respectfully alleges that:

2. Paragraph 1 is being denied for having no knowledge or information sufficient to form a belief as to the correctness or falsity of the allegations;

3. Paragraph 2 is being denied, the truth being that stated in the affirmative defenses;

4. Defendant admits the allegation in paragraph 3 of the complaint only insofar as the fact that the name of Andrea C. Vda. De Gutierrez is indicated in the Transfer Certificate of Title No. 80312, without prejudice to the Memorandum of Encumbrances indicated therein;

5. Defendant admits paragraphs 4 and 5;

6. Defendant denies paragraph 6, the truth being that stated in the affirmative defenses;

7. Paragraph 7 is admitted as to the partial gutting of fire by the said apartment unit;

8. Defendant has no knowledge or information sufficient to form a belief as to the truthfulness of the avernments in paragraphs 8-13 of the complaint.

SPECIAL AND/OR AFFIRMATIVE DEFENSES

Defendant hereby re-pleads all the foregoing allegations and, by way of special and/or affirmative defenses states that::

9. The answering defendant and his co-defendant have been leasing 2080-C with a monthly rental of P2,000.00;

10. The subject property is covered by Transfer Certificate of Title No. 80312 registered under the name of ANDREA C. VDA. DE GUTIERREZ;

11. Verification later made on the Title disclosed that, as early as March 25, 1969, a few months before the death of the said registered owner, there was already a Notice of Seizure and on January 4, 1973, the said property was finally forfeited in favor of the Philippine Government and it was never redeemed within the one-year reglementary period of redemption;

12. The instant complaint is pre-maturely filed for failure to comply with the mandatory conciliation proceedings in the Barangay under Section 18 of the Rule on Summary Procedure which states:

Section 18. Referral to Lupon Cases requiring referral to the Lupon for conciliation under the provisions of Presidential Decree No. 1508 where there is no compliance with such requirement, shall be dismissed without prejudice, xxxxx.

13. Even assuming that the afore-mentioned provision was complied with, still the instant complaint has to be dismissed for having no cause of action, it being filed by the plaintiff who is not a party in interest. He is neither the owner nor the legal heir of the owner of the subject property, which is already owned by the government of the Republic of the Philippines. (Please refer to page 3 of TCT No. 80312 attached herewith as Annex A to A-2)

COUNTERCLAIM

The foregoing allegations are re-pleaded herein by reference.

By reason of the malicious filing of the present case, defendant suffered sleepless nights, humiliation, anxiety and besmirched reputation, thereby warranting the award of moral damages which can be reasonably assessed at P50, 000.00. Plaintiff should likewise be ordered to pay exemplary damages of another P50, 000.00 and the litigation expenses the defendant will necessarily incur.PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the instant complaint be dismissed for having no cause of action, and for utter want of basis in fact and in law.

Other relief just and equitable under the premises are likewise prayed for.

Manila, Philippines,

November 10, 2005. JANE M. RECTO Defendant

EXPLANATION

The foregoing Answer is being served by registered mail due to distance and time constraints.

JANE M. RECTOCopy furnished:

ATTY. PASTOR C. BACANICounsel for the Plaintiff

Rms. 404-405 Doa Victoriana Bldg.,

EDSA cor. New York Street,

Cubao, Quezon City

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

Republic of the Philippines)S.S.

City of Manila

)

I, JANE M. RECTO, of legal age, Filipino citizens and with postal address at 2080-A Jose Abad Santos Street, Sta. Mesa, Manila, after having been sworn to in accordance with law hereby depose and say:

1. That I the defendant in the above-entitled case;

2.That I have caused the preparation of the foregoing ANSWER and that the contents thereof are true and correct of my own personal knowledge and based authentic documents;

3.That I have not commenced any other action or proceeding involving the same issues in this Honorable Court, in the Supreme Court or in any other tribunal or agency, that to the best of my knowledge, no such action or proceeding is pending in this Honorable Court, in the Supreme Court or in any other tribunal or agency, and should I learn that a similar action or proceeding has been filed or is pending in this Honorable Court, in the Supreme Court or in any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

In witness whereof, we have hereunto set my hand this ____ day of November 2005.

JANE M. RECTO

Affiant

SUBSCRIBED AND SWORN to before me this _____ day of November 2005, at Manila, Philippines, affiant exhibiting to me Community Tax Certificate No. _____________ issued at __________, issued on ___________.

ADMINISTERING OFFICER

Doc. No. ______;

Page No. ______;

Book No. _____ ;

Series of 2005.




Branch 23, Manila

RIZAL TEACHERS KILUSANG BAYAN

FOR CREDIT, INC. represented by

Mr. Carlito A. Caneta

Plaintiffs,

-versus-


FOR: Sum of Money

VIVIAN Q. ABANTO, MELANIE N.

PICANA, ELLEN N. TURANIZA and

JOCELYN FLORES,

Defendants.

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URGENT MOTION TO ADMIT ANSWER

COMES NOW DEFENDANT, VIVIAN Q. ABANTO, by herself and unto this Honorable Court most respectfully alleges:

1.That VIVIAN Q. ABANTO is one of the defendants in Civil Case No. 179618-CV pending before this Honorable Court;

2. That herein defendant failed to answer the summon and complaint relative to the case at bar;

3.That defendants failure to answer was due to her incapacity to hire counsel that will appropriately set up her defense;

4.That defendants action was brought about by her instinct and lack of knowledge of the legal consequences of her move and that defendant has no intention to neither disobey the lawful processes of the Honorable Court nor delay the orderly administration of the justice in the instant case;

5.That defendant due to aforesaid unintended incident begs for an apology with a firm commitment that a similar incident will never happen again.

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the hereto-attached answer be considered in the greater interest of justice and equity.

Other reliefs fair and reasonable in the premises are likewise prayed for.

Manila, Philippines.

April 28, 2005.

VIVIAN Q. ABANTO

Defendant

Notice of Hearing

The Branch Clerk of Court

MeTC, Branch 23

ManilaGreetings!

Please submit the foregoing Motion for the kind consideration and resolution of the Honorable Court immediately upon receipt hereof.

VIVIAN Q. ABANTO

Copy furnished:

ATTY. ROMEO V. FULLANTE

P.C. Nolasco & Associates

Rm. 548 Wellington Bldg.

Plaza Lorenzo Ruiz, Binondo, ManilaEXPLANATION

Pursuant to Rule 13 Section 11 of the 1997 Rules of Civil Procedure, the foregoing motion was served through registered mail due to distance and time constraints.

VIVIAN Q. ABANTORepublic of the Philippines



Branch 23, Manila

RIZAL TEACHERS KILUSANG BAYAN

FOR CREDIT, INC. represented by

Mr. Carlito A. Caneta

Plaintiffs,

-versus-


FOR: Sum of Money

VIVIAN Q. ABANTO, MELANIE N.

PICANA, ELLEN N. TURANIZA and

JOCELYN FLORES,

Defendants.

x----------------------------------------------x

URGENT MOTION TO ADMIT ANSWER

COME NOW DEFENDANTS, through the undersigned counsel and unto this Honorable Court most respectfully alleges:

1.That defendants came to the undersigned counsel one week before the filing of the Answer;

2. That due to voluminous workload from his court assignments and labor cases the undersigned counsel needs more time in preparing the Answer to the Complaint;

3.That the undersigned counsel due to aforesaid unintended incident begs for an apology with a firm commitment that a similar incident will never happen again.

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the hereto-attached answer be considered in the greater interest of justice and equity.

Other reliefs fair and reasonable in the premises are likewise prayed for.

Manila, Philippines.

April 28, 2005.

Department of Justice

PUBLIC ATTORNEY'S OFFICE

Manila District

4/F W. Godino Bldg.

350 Arroceros Street,

Ermita, Manila

By:

DONALD H. MACASAET

Public Attorney II

Notice of Hearing

The Branch Clerk of Court

MeTC, Branch 23

ManilaGreetings!

Please submit the foregoing Motion for the kind consideration and resolution of the Honorable Court immediately upon receipt hereof.

DONALD H. MACASAET

Copy furnished:

ATTY. ROMEO V. FULLANTE

P.C. Nolasco & Associates

Rm. 548 Wellington Bldg.

Plaza Lorenzo Ruiz, Binondo, ManilaEXPLANATION

Pursuant to Rule 13 Section 11 of the 1997 Rules of Civil Procedure, the foregoing motion was served through registered mail due to distance and time constraints.

DONALD H. MACASAET

Answer Unlawful Detainer

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