Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 3
Davao City

Spange Bab, Plaintiffs, Case No. R-DVO-29-2019-CV

-versus- For: RECOVERY OF PARCEL

OF LAND AND BUILDING
Squid Ward, Defendants. (ACCION PUBLICIANA) ON
EXPIRED LEASE BEYOND 1 x
xx

ANSWER TO THE COMPLAINT

WITH COUNTERCLAIM

Comes now, Defendant, Squid Ward, assisted by the

undersigned counsels and unto this Honorable Court, most
respectfully states that:

ADMISSIONS AND DENIALS

1. Defendant admits the allegations in paragraph 1 of the

Complaint regarding the personal circumstances of Plaintiff and
Defendant

2. Paragraph 2 of the Complaint is denied for lack of

information or knowledge sufficient to form a reasonable belief
thereof.

3. Paragraphs 3, 5 and 7 of the Complaint are admitted.

4. Defendant specifically denies the allegation in

paragraph 4 that rentals due to the leased property have not been
paid. The herein defendant in fact made payments of the
corresponding rentals by depositing the same with the joint
savings account of Spouses Patrick and Sandy Bab.

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 5. Defendant further denies specifically the allegation in
paragraph 6 as to the unjustified refusal to vacate the property. The
Defendant is justified to continuously possess the leased property
as it has not defaulted in his obligation to pay the rentals due.

AFFIRMATIVE AND SPECIAL DEFENSES

6. At the inception, it is worthy to note that the instant

case is premature. The Lease Contract provides for the Defendant’s
right to continually possess the leased property for a renewed term
of 10 years.

7. On January 25, 2000, the Plaintiff’s parents, Spouses

Patrick and Sandy Bab, entered into a Contract of Lease with the
Defendant. The Contract of Lease is for a period of ten (10) years,
from January 25, 2000 to January 25, 2010 (Annex 1). The contract
was subsequently renewed for the same term commencing January
25, 2010 to January 25, 2020 (Annex 2).

8. The subject property of the Lease Contract, in the

absence of proof to the contrary, is presumed part of the conjugal
property of the Spouses Patrick and Sandy Bab.

9. It has not come to the knowledge of the defendant, that

the Title over the parcel of land under Transfer Certificate of Title
No. PT 98765 was registered under the name of the Plaintiff.

10. Upon the death of Patrick Bab (Annex 3 - death

certificate), Plaintiff demanded for the payment of rentals claiming
ownership of the leased property, being the successors-in-interest
of the late Patrick Bab. In truth and in fact, they are merely deemed
co-owners with Sandy Bab, the surviving spouse.

11. For the entire duration of the lease (original and

renewed term) up to date, the Defendant have not reneged its
obligation and faithfully paid the rentals due on the property by
depositing the same in the spouses’ joint savings account in Banco
de Oro (BDO) with account number 1234-0000-000 (Annex 4 –
deposit slips).

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 12. In the complaint, Plaintiff alleged that the Final
Demand Letter was sent on January 5, 2018 and the Notice to
Vacate was allegedly sent on March 5, 2018. It can be inferred
therefore that the Plaintiff tolerated Defendant’s continued
possession as he is in truth a lawful possessor in good faith. A
reasonable and prudent lessor will not wait for 1 year to lapse
before demanding the defaulting lessee to vacate the leased
property, considering the substantial amount of monthly rentals
(P100,000.00 in this case).

13. Under paragraph ___ of the renewed contract of lease,

the Defendant has the Right of First Refusal in case the lessor
decided to sell the leased premises.

14. In violation of the Defendant’s Right of First Refusal,

the Plaintiff, without notice to the former and when the contract of
lease is still valid and effective, sold the leased premises to Mr.
Krusty Krab. Such fact was made known to the Defendant as Mr.
Krusty Krab personally informed the Defendant to deposit the
payment in his personal savings account in BDO with Account No.
1122-3344-000. Such fact was affirmed when Mrs. Sandy Bab
informed the Defendant to pay the rentals to Mr. Krusty Krab as
the new owner of the leased property.

COUNTERCLAIM

15. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith. Plaintiff acted in bad faith for
demanding the Defendant to vacate the premises without any
valid ground. Defendant therefore is entitled damages under
Article 19 of the Civil Code as may be determined by the Court.

16. For disregarding the Defendant’s Right of First Refusal

amounting to breach of the contract the contract of lease, Plaintiff
should be ordered to pay Defendant the sum of P50,000.00 as
liquidated damages.

17. By initiating this baseless action, Defendant was

compelled and constrained to engage the services of counsel and to

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incur litigation expenses. Plaintiff should be made to pay
Defendant’s Attorney’s Fees in the amount of P50,000.00, plus
appearance fee of P4,500/per appearance in the case, and to incur
cost of suit, in the amount of at least P20,000.00.

PRAYER

WHEREFORE, the Defendant respectfully prays that the

complaint be dismissed for lack of merit; and by way of
counterclaim, render judgment ordering Plaintiff to pay Defendant
the following:

a. reasonable damages under Article 19 of the Civil Code as may be

determined by the Court;

b. P50,000 as liquidated damages for breach of contract;

c. P50,000 plus Appearance Fees of P4,500/appearance in the case, as

Attorney’s Fees; and

d. At least P20,000, as cost of suit.

Defendants likewise pray for other just and equitable relief.

20 July 2018, Davao City, Philippines.

TRRU LAW OFFICE

Counsel for Defendant
Dr. 2 Esperanza Bldg., 198 Tulip Drive, Ecoland, Matina, Davao City
Tel. +6382 2412941. Mob. +639322984878; Email. trrulawoffice@gmail.com

By:

ELLAN GET N. TINGSON

Roll of Attorneys 2017300373
MCLE Compliance III-0000001
PTR OR No. 123456B; 06/05/2018; Davao City
IBP OR No. 002076; 05/19/2021; Davao City

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 EDITHA L. ROXAS
Roll of Attorneys 2018400062
MCLE Compliance V-0021673; 5/4/2016
PTR OR No. 9618626; 1/4/2018; Davao City
IBP OR No. 07323

FAITH IMEE D. ROBLE

Roll of Attorneys 2018400057
MCLE Compliance V-0021673; 5/4/2016
PTR OR No. 9618626; 1/4/2018; Davao City
IBP OR No. 07323

HANNA-TUNISIA F. USMAN
Roll of Attorneys 2018400036
MCLE Compliance V-0021673; 5/4/2016
PTR OR No. 9618626; 1/4/2018; Davao City
IBP OR No. 07323

EXPLANATION: Copy of the foregoing pleading is filed with the Honorable

Court and served on the other party by registered mail because the distance
between Digos City and Davao City makes personal filing and service thereof
impracticable.

LEGAL COUNSEL

Copy furnished (by registered mail):

TERESITA P. BARIBAR
Plaintiff
Poblacion, Malita,
Davao Occidental, Philippines
Registry Receipt No.: ___________________
Date: __ July 2018

Republic of the Philippines)

Davao City )S.S.

AFFIDAVIT OF SERVICE

I,JEDAIDAH V. LIBRES, as Legal Assistant of Atty. _____________, with

office at Dr. 2 Esperanza Bldg., 198 Tulip Drive, Ecoland, Matina, Davao City, under
oath depose and say:

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 On __ day of July 2018, I filed with the Honorable Court and served a copy of
the following pleading/paper:

ANSWER TO THE COMPLAINT

WITH COMPULSORY COUNTERCLAIM

On the other party in Civil Case No. 10-CV-DAV. OCC.,forNullification of the

proceedings leading to the Extra-Judicial Foreclosure of a Real Estate Mortgage
involving Lot 42-A, Psd-11-056448 located at Poblacion, Malita Davao Occidental
covered by TCt T-36909 of The Registry Of Deeds Davao Del Sur conducted under
EJF Case No. 46-2017 in the Office of the Provincial Sheriff of Davao Del Sur
consisting of Application for Foreclosure, Notice of Foreclosure, Sheriff’s Notice of
Extra-Judicial Sale and Sheriff’s Certificate of Sale, Teresita P. Baribar, plaintiff, vs.
Patricia Ang, et. Al, respondents, pursuant to Rule 13 of the Rules of Court:

By registered mail to:

TERESITA P. BARIBAR
Plaintiff
Poblacion, Malita,
Davao Occidental, Philippines
Received by: ___________________
Date: __ July 2018

By depositing copies in a sealed envelope on the __ day of July 2018 in the post office
at Davao City, with postage prepaid, as evidenced by registry receipt above indicated
and attached to the original copy to be filed with the Honorable Court.

JEDAIDAH V. LIBRES
Affiant

SUBSCRIBED AND SWORN to before me this __ day of July 2018 in Davao

City, Philippines, affiant exhibiting to me her BIR TIN 444-712-561, as competent
proof of identity.

Doc. No. __;

Page No.__;
Book No. I;
Series of 2018.

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