REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
CITY OF MANILA
B R A N C H XXV

SPS. REYNALDO L. SANTOS

and LIGAYA Y. SANTOS,
Plaintiffs,
Civil Case No.:
188644CV
For: Ejectment
-versusSPS. ALFREDO MIJARES and
SUSAN MIJARES, and all
Persons claiming right under them,
Defendants.
x---------------------------------------------------x

ANSWER
with SPECIAL and AFFIRMATIVE DEFENSES
and COUNTERCLAIM
COME NOW Defendants, through the Undersigned Counsel, unto this Most
Honourable Court most respectfully states that:
-IOn 17 May 2012, the above Complaint dated 23 April 2012 was received by
Defendant Susan Mijares.

-IIDefendants ADMIT the averments of the above mentioned Complaint under

paragraphs no. 1, no. 2, no. 4, no. 5, and no. 6 thereof.
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-IIIDefendants likewise ADMIT the averment to paragraph 3 of the Complaint only

with respect to the personal circumstances, however DENY the qualification as to the
phrase allegedly married to each other (Italics Supplied).
-IVDefendants DENY the averments under paragraphs no. 7, no. 8, no. 9, no. 10,
no. 11, no. 12, no. 13 and no. 14 of the Complaint for lack of knowledge or information to
form a belief as to the truth or falsity of the same.

-S P E C I A L a n d A F F I R M A T I V E D E F E N S E SBy way of Special and Affirmative Defenses, Defendants recapitulate and

reiterate the foregoing allegations and, further state:
-VThe Complaint states no cause of action against the Defendants.
-VIThe Contract of Lease was personally and solely entered into, only by Defendant
Susan Mijares herself and between Plaintiffs, Spouses Reynaldo and Ligaya Santos
during the execution thereof, and this is further proven by the agreement of the Contract
and as to the receipts of rental payments made by Defendant-Lessee Susan Mijares
when the same were issued by the Plaintiff to the latter.
-VIIPlaintiffs, further, failed to observe the requirement under Par. (J), Section 1,
Rule 16 of the 1997 Rules of Civil Procedure in relation with Chapter VII, Title I, Book
III of R.A. 7160 as when there was no indeed constituted lupon ng tagapamayapa, as
alleged in the Complaint.
-VIIIIn fact, in the Reklamo of Plaintiff Reynaldo L. Santos, included as Annexes in
the Complaint, Defendant Susan Mijares herself asserted and demanded that her
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payment be accepted by Plaintiff sometime November 2011 when the amount of Seven
Thousand Pesos, (Php. 7,000.00) was being paid by Defendant Susan Mijares, but the
same was unjustly refused, as admitted by Plaintiff.
-IXThe allegation under paragraph 14 of the Complaint in instantly raising the
amount of the rent from Php. 7,000.00 to Php. 10,000.00 is a manifestation of
Plaintiffs malicious motive and reason behind this sham action, and is unreasonable,
unjust and contrary to section 4 of R.A. 9653 which is herein quoted as follows:
...
SEC. 4. Limit on Increases in Rent. For a period of one (1) year from its
effectivity, no increase shall be imposed upon the rent of any residential unit covered
by this Act: Provided, that after such period until December 31, 2013, the rent of any
residential unit covered by this Act shall not be increased by more than seven (7%)
annually as long as the unit is occupied by the same lessee: (Italics Supplied)

-C O U N T E R C L A I MBy way of Counterclaim, Defendant Susan Mijares alleges that:

-XDue to the filing of this malicious, baseless and apocryphal action, Defendant
Susan Mijares:
a)

Suffered sleepless nights, serious anxiety mental anguish,

psychological disturbance and similar injuries and is but just to
be entitled to the amount of Php. 25,000.00 as MORAL
DAMAGES.

b)

Is likewise justly entitled to be paid the amount of Php.

15,000.00 by way of EXEMPLARY DAMAGES to serve as a
precautionary means against persons who might be minded to do
as Plaintiff did.

c)

Was forced and constrained to secure the services of the

Undersigned Counsel and unduly burdened to pay the sum of
Php. 20,000.00 as attorneys fees.

-P R A Y E RWHEREFORE, in view of the foregoing, it is most respectfully prayed for of

this Most Honourable Court that judgement be rendered in favour of Defendant Susan
Mijares and against Plaintiffs, as follows:
1. The Complaint be DISMISSED for utter Lack of Merit;
2. Plaintiffs be ordered to pay:
a. Php. 25,000.00 by way of Moral Damages.
b. Php. 15,000.00 as Exemplary Damages.
c. Php. 20,000.00 as Attorneys Fees.
Defendant Susan Mijares further pray for such other reliefs in law and equity
that this Most Honourable Court may see fit as just and equitable under the
circumstances.
Manila, __ May 2012.
The Law Firm of:

DAVID B. AGONCILLO
Counsel for Defendant
Mailing Address:
Office Address:

P.O. Box 3507 1099, Manila

Esmeralda Street
San Andres, Manila, 1007
Roll No. 25604
IBP No.840819
02 September 2011 Manila 4
MCLE Cert. of Comp.
No. 111-0005754
PTR VC-1227149,

Email address:

03 January 2012
atty_agoncillo4542@yahoo.com
Mobile No. 0919-279-7071

VERIFICATION AND
CERTIFICATION OF NONFORUM SHOPPING
I, Susan Mijares, is of legal age, Filipino, after having been duly sworn to
in accordance with law hereby depose and state that:
1. I am the Defendant in the above mentioned Case;
2. I have caused the preparation of the foregoing Answer with Special and
Affirmative Defenses with Counterclaim;
3. I have read all the contents and allegations therein, and that the same are
all true and correct to the best of my knowledge and based upon authentic
records;
4. I have not commenced any other action or proceeding before the
Honourable Supreme Court, the Honourable Court of Appeals or any
other Court, Tribunal or Agency involving the same parties or same
subject matter;
5. If there is any such action or proceeding which is either pending or may
have been terminated, I shall state the status thereof;
6. If I should learn later that a similar action or proceeding has been filed or
is pending before the Honourable Supreme Court, , the Honourable Court
of Appeals or any other Court, Tribunal or Agency, I will notify that fact
within five days from knowledge thereof.
Manila, __ May 2012.
________________
SUSAN MIJARES
Defendant-Affiant

NOTARY PUBLIC

Reg. No.___
Page No.___
Book No.___
Series of 2012
EXPLANATION
Copy of this pleading was served through registered mail upon Petitioners
Counsel, for lack of personnel to effect personal service thereof.

DAVID B. AGONCILLO
Copy Furnished:
Atty. RICO B. BOLONGAITA
Counsel for Plaintiffs
No 3264 Zapote Street, Makati City

Registry Receipt No.______

Manila Post Office
__

______, 2012