Regional Trial Court

National Capital Judicial Region

Regional Trial Court
Branch 148, Quezon City
FLORENCE RENEE BACAY
Plaintiff,
versus - C!" C#$% N&'
(or ) (*"(""+%NT #N, ,#+#-%$
JEANNE ESPOLONG
and
JOHN ROBERT SAM JUAN
Defendants.
x---------------------------------------------x
ANSWER
(With COUNTERCLAIM and CROSSCLAIM)
C&+%$ N&. the de/endant, 0y undersigned counsel, and in ans1er to plainti//2s co3plaint,
respect/ully alleges)
1. That de/endant ad3its paragraphs 1 and 4 o/ the co3plaint5
2. That de/endant ad3its paragraph 6 as to the e7istence o/ the +e3orandu3 o/ #gree3ent 8Annex
9 0ut denies the clai3 o/ the plainti// as to the agreed lease price'
4'1' :aragraph o/ 4 o/ the +&# 8Annex !A9 ;uoted herein speci/ically stated that
the 3onthly lease is only /or :<: 1=>,>>>'>>'
(2) RENT
The Lessee shall pay unto the Lessor as rent for the premises herein leased,
the sum identified in the following monthly payment schedule which shall be
payable upon receipt of inoice from Lessor to the Lessee on the first day of
eery month for the preceding month during the term of this lease for PHP
150,000.00 to be paid in postdated check delivered to the address set forth
herein by the lessor.
4'4' #s to the stipulation in said agree3ent that in case o/ de/ault in pay3ent the
plainti// 3ay evict the de/endants /ro3 the property and that agree3ent shall 0e
rendered null and void' t /urther stipulated in said agree3ent that pay3ents 1ill 0e
3ade and delivered as postdated chec?s 1hich 1as agreed upon 0y the parties'
(urther, the agree3ent also stipulated de/endant is authorized and is given right to
su0-lease said property 8Annex !B9'
@ (4) TR!N"#ER $R !""%&N'ENT $# LE!"E
The Lessee agrees not to transfer or assign this lease, or sublet the
sub(ect premises without the written consent of the Lessor)A
3. The de/endant ,%N%$ speci/ically each and every 3aterial allegations 3ade in paragraphs 4 o/
the co3plaint /or the reasons stated in the #//ir3ative ,e/enses5
4. #nd as #((R+#T!% ,%(%N$%$, the de/endant alleges)
#' That de/endant received noti/ication to vacate the property 0ut denies that there 1as /ailure
to pay the lease /ro3 July 4>16 to $epte30er 4>165
B' That de/endant, on +arch >8, 4>16, 3ade pay3ent to plainti// in /or3 o/ postdated chec?
paya0le to plainti//, as agreed 0y the parties' ,e/endant hersel/ delivered postdated chec?
1here she visited the o//ice o/ plainti// in Quezon City and 1as duly received 0y plainti//5
that de/endant, upon pay3ent, 1as issued 1ith an o//icial receipt 8Annex "9' t 1as duly
noted 0y plainti// in their records and de/endant 1as as?ed to sign as 1ith date indicated
therein5
5. #s C&*NT%RC"#+ against the plainti//, the de/endant alleges)
#' &n or a0out +arch >B, 4>16, de/endant received in/or3ation regarding plainti//
3isrepresenting hersel/ as real o1ner o/ said property 8Annex #9' That prior to the lease
agree3ent, plainti// usu/ruct in said property and that said usu/ruct had already e7pired there0y
3a?ing plainti// i3proper party to received pay3ents5 that de/endant i33ediately noti/ied
proper 0an? to cancelCdishonor issued chec? 8Annex $9'
B' That de/endant 1as una0le to proceed 1ith its operations in the said property, 1hen on +ay 1=,
4>16, a group o/ 3en in police uni/or3s 0arricaded the entrance pre3ises o/ the property5 this
group o/ 3en entered de/endantDs o//ice and clai3ed de/endant should pay lease to plainti//
8Annex %9' ,e/endant re/used and clai3ed that plainti// is not proper party to receive pay3ent
/or lease' *pon re/usal, these 3en too? o//ice e;uip3ents and other i3portant 3aterials such as
co3puters laptops, steel /ile ca0inets and dis3antled the 1hole place 8Annex &9' That
de/endant 1as una0le to operate 1herein e3ployees 1ere not allo1ed to enter the pre3ise' This
ensued until July 4>165
C' That plainti// a0used his rights as a lessor since he is proper party to received pay3ent' # lessor
should, according to Article 1654 (3) of the New Civil Code, @E 3aintain the lessee in the
peace/ul and ade;uate enFoy3ent o/ the lease /or the entire duration o/ the contract'A That the
action ta?en 0y plainti// ordering his 3en to 0arricade the pre3ises o/ the property have
violated de/endantDs right over said property as a lessee'
,' That de/endant incurred and su//ered losses in its 0usiness 1hen it 1as una0le to realized
pro/its a3ounting to :<: 4,>>>,>>> 8Annex '95 that de/endant is entitled to relie/ arising /ro3
losses incurred /ro3 the 0usiness caused 0y the plainti//Ds action'
6. #s CR&$$C"#+ against co-de/endant, the de/endant alleges)
#' That de/endant su03its that she is entitled to inde3nity andCor contri0ution /ro3 co-de/endant
JOHN ROBERT SAM JUAN as he is a su0-lessee in said leased property 8Annex (9' That
agree3ent stated that de/endant and co-de/endant 1ill 0e held solidarily lia0le in case o/ de/ault
in pay3ent o/ said leased property' 8Annex (!A9
**) ORIGINAL LEASE+ The sublease agreement incorporates and is sub(ect to the original
lease agreement between the sublessor and his lessor, a copy of which is attached hereto, and
which is hereby referred to and incorporated as if it were set out here at length) The subtenant
agrees to bind himself solidarily with the sublessor and assumes all of the obligations and
responsibilities of the sublessor under the original lease for the duration of the sublease
agreement),
.<%R%(&R%, ,e/endant respect/ully prays that Fudg3ent 0e rendered in her /avor 0y dis3issing the
Co3plaint and granting de/endant2s counterclai3 0y a1arding de/endant) 8a9 T1o +illion :esos 8::<
4,>>>,>>>'>>9 as #ctual ,a3ages andCor +oral da3ages and 809 (i/ty Thousand as #ttorney2s (ees'
&ther Fust and e;uita0le relie/s are prayed /or'
Quezon City, 4> January 4>14'
+ell #nthony -enota
Counsel for Defendant
:TR No' 1111111-B
B: No' 111111B-B
+C"% Co3pliance No'
11111BB-B
Roll No' 1111BBB-B
!%R(C#T&N G C%RT(C#T&N #-#N$T (&R*+ $<&::N-
, Jeanne %spolong, o/ legal age, do here0y state that a3 the de/endant in the case /iled 0y
(lorence Renee Bacay /or /ul/ill3ent and da3ages5 in response, have caused the preparation o/ this
#ns1er 1ith Counterclai3 and Crossclai35 have read its contents and a//ir3 that they are true and
correct to the 0est o/ 3y o1n personal ?no1ledge5 here0y certi/y that there is no other case
co33enced or pending 0e/ore any court involving the sa3e parties and the sa3e issue and that, should
learn o/ such a case, shall noti/y the court 1ithin /ive 8=9 days /ro3 3y notice'
N .TN%$$ .<%R%&(, have signed this instru3ent on 4> January 4>14'
8$gd'9 Jeanne %spolong
#NN%H 1 +%+&R#N,*+ &( #--R%+%NT
#NN%H 1-# +&#, paragraph 4 on rent
#NN%H 1-B +&#, paragraph I on trans/erCsu0lease
#NN%H 4 &//icial Receipt o/ pay3ent 8postdated chec?9
#NN%H 6 n/or3ation re nature o/ plainti//Ds possessionCo1nership o/ property
#NN%H 4 "etter to the Ban? as?ing to hold pay3ent
#NN%H = :hotograph o/ police3en 0arricading the entrance to the property
#NN%H J :hotograph o/ property seized 0y the plainti//
#NN%H I Ta0le 1ith receipts sho1ing actual lossCda3ages
#NN%H 8 Contract o/ $u0lease
#NN%H 8-# Contract o/ $u0lease, paragraph 11 re $olidary lia0ility'