Republic of the PhilippinesREGIONAL TRIAL COURTBranch xButuan City

LIWANAG DILIMANPlaintiff

Civil Case No. 321654For: Unlawful Detainer

-versus-

RESURRECCION MAKABUHAY,Respondentx- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

ANSWER

COMES NOW RESURRECCION MAKABUHAY, by counsel and unto this Honorable Court, respectfully states and avers that:

1. Defendant admits the allegations contained in paragraphs 1, 2, 3, and 5 of the Complaint;

2. Defendant denies the allegations contained in paragraph 4 of the Complaint insofar as the period of lease contract is concerned. Defendant and Plaintiff entered into a lease agreement whereby the Plaintiff agreed to rent out her apartment for a period of three (4) years starting in 01 January 2012. A copy of the Contract of Lease is attached as Annex 1;

3. For paragraphs 6 and 7 of the Complaint, the Defendant vehemently denies, the truth being that the latter has religiously paid her monthly rentals and only missed to deliver the same for the months of November and December 2014.

4. The Defendant vehemently denies the allegations contained in paragraphs 8 and 9 of the Complaint; No demands, whether oral or written, were ever received by Defendant.

5. Insofar as paragraph 12 of the Complaint, the Defendant was never arrogant during the conciliation proceedings. How can the Defendant be arrogant when she was new to the community? Furthermore, the Defendant was willing to settle the case by asking the Plaintiff to return the advance rental and security deposit to which the Plaintiff refused;

6. Considering the Defendant having paid the rentals in advance and the security deposit, Plaintiff has no right to evict the former;

7. Defendant had experienced harassment causing sleepless nights and peace of mind to the extent that the Defendant studies as a law student had suffered. In this regard, the Plaintiff should be made liable to pay moral damages amounting to PhP30,000.00;

8. In instituting this unwarranted and clearly unfounded suit against the Defendant, Plaintiff had acted in a wanton, fraudulent, reckless and malevolent manner and, by way of example or correction for the public good, Plaintiff should be made liable to pay Defendant exemplary damages in the total amount of PESOS:ONE HUNDRED THOUSAND (P100,000.00);

9. As a further consequence of the malicious and wrongful filing of the present action, Defendant was constrained to hire the services of counsel for a legal fee of PESOS: FIFTY THOUSAND (P50,000.00), plus PESOS:TWO THOSUAND (P2,000.00) per court appearance, and to incur expenses of litigation for which plaintiff should be made to pay.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays to this Honorable Court to:

a) Compel the Plaintiff to honor the lease agreement;

b) In the alternative, to order the Plaintiff to return the unused advance rental paid amounting to PESOS:TEN THOUSAND (PhP10,000.00) and the security deposit amounting to PESOS:TWENTY THOUSAND (PhP20,000.00);

c) AWARD moral damages in the amount of PhP 30,000.00;

d) AWARD exemplary damages in the amount of PhP 100,000.00;

e) AWARD Attorneys fee in the amount of PhP 60,000.00; and

f) Cost of suit.Defendant prays for such other reliefs, just and equitable under the circumstances.

Butuan City; January 15, 2016.

ERNANI T. TADILICounsel for the DefenseJ.C Aquino St., Butuan CityTel No. 0922-8766890Email: etadili@gmail.comPTR No. 234235/1.5.16/ Butuan CityIBP No. 1231443/12.30.15/Butuan City Roll of Attorneys No. 86737395/3.15.2010MCLE Compliance No. V- 13428TIN 131-0000-13-5

Republic of the Philippines)Butuan City ) s.s.

VERIFICATION AND CERTIFICATIONOF NON-FORUM SHOPPING

I, RESURRECCION MAKABUHAY, of legal age, Filipino, and with postal address #342 Liwayway St., Luz Village, Butuan City, after having been duly sworn in accordance with law, hereby depose and state that:

1. I am the Plaintiff in the above-mentioned case;

2. I have caused the preparation and filing of the foregoing Complaint;

3. I have read the contents of the foregoing Complaint; the facts stated therein are true and correct to the best of my own personal knowledge and based on authentic records;

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, Court of Appeals, or different divisions thereof, or any other tribunal or agency, and that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, Court of Appeals, or different divisions thereof, or in any other tribunal or agency;

5. If I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, Court of Appeals, or different divisions thereof, or in any other tribunal or agency, I undertake to promptly report such fact within five (5) days to this Honorable Court;

6. This Verification/Certification of Non-Forum Shopping is being filed in good faith.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of January 2016 at the City of Butuan.

RESURRECCION MAKABUHAY Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of January 2016 at the City of Butuan; affiant with a competent evidence of identity and exhibiting to me her Drivers License No. 456789, issued on January 1, 2012 by the Land Transportation Office, bearing her photograph and signature.

ERNANI T. TADILINOTARY PUBLICR. Calo St., Butuan CityCommission Serial No. 5637394Until December 31, 2016Roll of Attorney 86737295/3.15.2010IBP No. 1231443/12.30.15/Butuan CityPTR No. 234235/1.5.16/ Butuan CityMCLE Compliance No. V- 13428TIN 131-0000-13-59

Doc. No. 52;Page No. 89;Book No. 24;Series of 2016.

CERTIFICATE OF SERVICE

We certify that on 26th of January 2016, the original of this document was filed with the Clerk of Court; and, a true and accurate copy of this document was served on the other party mail, addressed to the following:

TO: Atty. Juan Tamad J.C. Aquino Avenue, Butuan City

RESURRECCION MAKABUHAY Defendant

EXPLANATION

A copy hereof is served on opposing counsel and the Regional Trial Court by registered mail, instead of by personal service, due to the urgency of filing the same and due to lack of messenger of the undersigned counsel for the moment.

ATTY. ERNANI T. TADILI

Counsel for Defendant