The defendants filed an answer with a counterclaim in response to a complaint filed against them. They admit some facts alleged in the complaint but deny others for lack of knowledge or based on their own affirmative allegations. They claim they have faithfully paid their rent on the property and that the plaintiff's allegations are untrue and unsupported. As a counterclaim, they allege the complaint caused the defendant stress and seek damages for moral damages, attorney's fees, and litigation expenses.
The defendants filed an answer with a counterclaim in response to a complaint filed against them. They admit some facts alleged in the complaint but deny others for lack of knowledge or based on their own affirmative allegations. They claim they have faithfully paid their rent on the property and that the plaintiff's allegations are untrue and unsupported. As a counterclaim, they allege the complaint caused the defendant stress and seek damages for moral damages, attorney's fees, and litigation expenses.
The defendants filed an answer with a counterclaim in response to a complaint filed against them. They admit some facts alleged in the complaint but deny others for lack of knowledge or based on their own affirmative allegations. They claim they have faithfully paid their rent on the property and that the plaintiff's allegations are untrue and unsupported. As a counterclaim, they allege the complaint caused the defendant stress and seek damages for moral damages, attorney's fees, and litigation expenses.
The defendants filed an answer with a counterclaim in response to a complaint filed against them. They admit some facts alleged in the complaint but deny others for lack of knowledge or based on their own affirmative allegations. They claim they have faithfully paid their rent on the property and that the plaintiff's allegations are untrue and unsupported. As a counterclaim, they allege the complaint caused the defendant stress and seek damages for moral damages, attorney's fees, and litigation expenses.
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Republic of the Philippines
REGIONAL TRIAL COURT
Sixth Judicial Region Iloilo City Branch 23
LAURENCE JOHN SORTIGISA
Plaintiff,
-versus- Civil Case No. 12-3456
For: accion reinvidicatoria
SPS RENZO AND PATRICE BALBERONA
Defendants.
x----------------------------------------------x
ANSWER WITH COUNTERCLAIM
Defendants, through the undersigned counsel, most respectfully file their
Answer in response to the Complaint of the Plaintiffs and interpose as well as their counterclaim against the latter, to wit:
Admissions and Denials
1. Paragraphs 1,2, 3,4,5,7 are admitted
2. Paragraphs 8,9,10,13,14 and 15 are denied for lack of sufficient
knowledge to form a belief as to the truth of the material averment being alleged, and on the basis of the affirmative allegations below. 3. Paragraph 6 is admitted in so far as to the duration of the contract which is January 1, 2015 until December 31, 2025. However, the rest of the averment are denied subject to specific allegations and affirmative defenses set forth.
4. Paragraph 11 is denied subject to specific allegations and affirmative
defenses.
5. Paragraph 12 is admitted but only with regard to the fact that
Petitioner went to the commercial establishment as mentioned by Respondents guard who did not know they personally that time in pursuant to the implementing rules and regulations of the Defendants establishment which the Respondents guard is duty bound to follow attached herewith as Exhibit 1.
Specific Allegations
6. The foregoing allegations are reproduced and repleaded herein by
reference.
7. Defendant Patrice and Plaintiff Laurence John Sortigosa were
childhood friends, grew on the same neighborhood and were in fact classmates since pre-school to high school. Plaintiff Sotigosa was the one who introduced Defendant Renzo Balberona to his bestfriend since pre- school Defendant Patrice. From that time on, the three of them became very close to one another. Ten years later Defendants wanted to enter into the food business because they were both into the culinary field, fortunately for them Plaintiff was about to leave for the United States for his Masters Degree in Humanities, offered his property for lease to own to his two best friends Defendants Patrice and Renzo.
8. On January 1, 2015 one week before Plaintiff left for United States, the parties reduced their oral agreement into writing, executed and signed the contract attached herewith as Exhibit 2. On the same day, the Defendants issued payment to the Plaintiff in the amount of Eight Hundred Thousand (800,000) pesos to the Plaintiff. Two Hundred Thousand (200,000) as security deposit and the remaining Six Hundred Thousand (600,000) as advance rentals for January, February, March, April,May and June of 2015 attached herewith as Exhibit 3.
9. On the following day Plaintiff then delivered to the Defendants Renzo
and Patrice the OCT of the subject property attached herewith as Exhibit 4.
10. Thereafter, Defendant have religiously practice their payment of
their rentals twice a year or every at the end of the 6 months of the year. Attached here with is Exhibit 5.
11. On January 2019 Plaintiff went home to the Philippines, a week
after discovering of the sudden marriage of his two best friends.
12. On the last week of January, Defendants were informed by their new guard that this particular person whom he treated as stranger went to the establishment forceably looking for them. The guard honestly told the Plaintiff that the Defendants were not at the ‘Karan-an’s’ premises, and in return asked the Plaintifs name.
13. The Defendant Patrice is undergoing a high risk pregnancy which
may give complications to both the mother and the baby if ever faced with stress received personally the complaint on May 7, 2019. The Defendant Patrice was so shocked, stressed, anxious and hurt physically and emotionally since there was no demand letters from the Plaintiff for unpaid payment of rentals.
14. The Defendants tried to reach the Plaintiff immediately to clarify
things and to render payment unfortunately they did not get any response, and Plaintiff was always unavailable every time the Defendant visited the residence of Plaintiff at Brgy. Out Lady of Lourdes, Jaro, Iloilo City.
Affirmative Defenses
15. Plaintiff has no cause of action to begin . Defendant did not breach the contract, the allegations were found to be untrue and unsubstantiated and unsupported with evidence. The allegation of the Plaintiff were merely conclusion of facts which is not supported with any evidence. 16. Defendants have religiously practice their payment of their rentals twice a year or every at the end of the 6 months of the year. Even assuming but without conceding that there was delay on the part of the Defendants, no demand letter were received by Defendants. Defendants exhausted all the remedies available to them by reaching to the Plaintiff.
17. With respect to TCT claimed by the Plaintiff there is no proof of
such existence. In fact, the Defendants is still in possession of OCT attached herewith as Exhibit 4. This only shows that the Plaintiff was motivated by his disappointments and hopelessness for the love and the lot he lost to his own best friend.
Compulsory Counterclaim
18. The filing of this Complaint, despite the baselesness of the claims alleged therein, has caused serious anxiety, mental anguish, and sleepless nights to the defendants especially to Defendant Patrice who is suffering fro high risk pregnancy which could give complications to both the mother and the baby if ever faced with stress received personally the complaint on May 7, 2019 for which the latter should be awarded moral damages of not less than One Million Pesos (1,000,000).
19. To protect their interest, the Defendants were constrained to engage
the services of counsels for a fee and will incur litigation expenses in an amount which will not be less than Five Hundred Thousand Pesos (500,000).
RELIEF Wherefore, it is respectfully prayed that the Honorable Court, after trial, render a judgement dismissing the compalint in its entirety and ordering plaintiff to pay the defendants:
(a) Four Hundred Thousand pesos (P400,000.00) as moral damages;
(b) Three Hundred Thousand pesos (P300,000.00) as attorney’s; and (c) Costs of suit.
Defendants pray for other equitable reliefs.
Iloilo June 22, 2019.
MARIE ALISSANDRA S. PALENCIA and CINDY D. DELFIN
Counsel for Defendants Maryville Building Delgado Street, Iloilo City Tel. No. 336-1833/Fax No. (02)576-4311 Email: info@carpolaw.com PTR No. 3539876, Iloilo City, 1/5/19 IBP OR No. 454554, Iloilo City, 1/5/19 Attorney’s Roll No. 33212 MCLE Compliance Certificate No. IV-0043417, 1/5/19
VERIFICATION AND CERTIFICATION
REPUBLIC OF THE PHILIPPINES )
CTY OF ILOILO ) S.S.
x------------------------x
We, RENZO BALBERONA AND PATRICE BALBERONA all of
legal age, Filipinos, and bona fide residents of Ledesma Street, Iloilo City, Philippines, under oath, hereby depose and state as follows:
1. That we are the defendants in this case;
2. That we have caused the preparation and filing of the foregoing Answer with compulsory counterclaims;
3. That we have read and understood the contents thereof
and that the allegations therein are true and correct based on our own personal knowledge and on authentic records;
4. That we have not heretofore commenced or filed any
action or proceeding involving the same issues in any court, tribunal, or agency; that to the best of my own knowledge, no such action or proceeding is pending in any court, tribunal, or agency; that should we hereafter learn of any such pending action or proceeding, I undertake to inform this Honorable Court of such fact within five (5) days therefrom.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this 22nd
day of June, 2019 at Benedicto Street, Iloilo City.
RENZO BALBERONA Defendant
PATRICE BALBERONA Defendant
SUBSCRIBED AND SWORN to before me this 8th day of January
2019 at Benedicto Street, Iloilo City. Philippines, by RENZO BALBERONA AND PATRICE BALBERONA. who personally appeared before me. Said defendants have individually exhibited to me their Identification Cards bearing their picture and signature as competent proof of their identity: Renzo Balberona – Professional Driver’s License No. F05-17-002019 andPatrice Balberona – Government Unified Multi-Purpose ID No. 0222- 4554156-3. They avow under penalty of law to the whole truth of the contents hereof. Copy Furnished:
RALF OWEN DELA CRUZ and KARL FRANCIS MONSALE
Counsels for the Plaintiff Cruz and Monsale Law Firm Room 302, La Sallette Building Valeria Street, Iloilo City 5000; Contact No. (033) 501-1404 PTR No. 1231234; 2/14/16; Iloilo City IBP No. 1231234; 3/14/15; Iloilo City Roll of Attorneys No. 12345 MCLE Compliance No. II0012345; 3/14/15
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