Professional Documents
Culture Documents
LORNA TANADA,
Plaintiff,
x------------------------------------------------------------x
ANSWER
11. Sometime in June 1, 1985, the Plaintiff and the Defendant Bank
through the Manager, Atty. Jayvee Grospe, whose appointment in real estate
matters of the Bank being confirmed in a Board Resolution, the minutes of the
meeting hereto attached as ANNEX “1” and a Special Power of Attorney
further confirms such appointment hereto attached as ANNEX “2”, executed a
contract of sale, hereto attached as ANNEX “3” which states the following
stipulations; (1) The down payment will be (200,000 Php) Two Hundred
Thousand Pesos and the balance of (800,000 Php) will be payable within 90
days from June 1, 1985 or on August 30,1985; (2) That the said payable
amount is subject for extension which will be agreed by both parties and
that such extension shall not exceed 20 days if balance is more than
seventy five percent of (1,000,000 Php); and that such extension shall not
exceed 25 days if balance is less than seventy percent but more than fifty
percent of (1,000,000 Php); and that such extension shall not exceed 35 days
if balance is less than fifty percent but more than twenty five percent of
(1,000,000 Php); and that such extension shall not exceed 45 days if balance is
less than twenty five percent of (1,000,000 Php); and such extension shall
only have an additional extension of 20 days; (3) That the buyer can still
acquire/pay the payable amount within 20 days after the last day of extension.
12. That the Plaintiff is actually given a 130 days (90 days from June
1, 1985 + 20 days of extension + 20 days grace period as stipulated in (3) in
the contract) to pay since her balance falls to more than seventy percent of
(1,000,000 Php);
13. That on the 90th day from June 1, 1985 or on August 30, 1985,
Defendant Bank never heard from the Plaintiff and that the former on August
31, 1985 sent notice to the latter asking to pay for the remaining balance on or
before October 9, 1985, the 20th day final extension after the 20 day extension
agreed in the contract or will demand the rescission or cancellation of the
contract subject to conform with the present laws;
15. That on August 13, 1985, a letter has been sent to the Plaintiff
asking her to pay for the remaining balance on or before August 30, 1985, the
90th day from June 1, 1985 such was stipulated in the contract, a copy of
receipt letter from the post office showing acceptance of the notice is hereto
attached as Annex “4” hereof;
16. That prospective buyers have been calling and asking for the
status of the property and that the Defendant Bank refused all of their offers
since the same property has been bought already by the Plaintiff;
17. That Defendant Bank never heard from the Plaintiff and that
several calls and notices were made to no avail;
18. That only on September 5, 1985, 96th day from June 1, 1985, when
the Plaintiff wrote before the defendant a request of extension until October
10, 1985, one day after the final extension (40 days after the 90th day from
June 1, 1985) within which to pay the balance to which the Defendant Bank
even agreed;
21. That on October 13, 1985, the Defendant Bank through their
Manager went to see the Plaintiff and informed her that while he is talking to
her, a certain (200,000 Php) cash have already been set aside by the bank,
very ready to be delivered to her BPI Bank Account and informed the plaintiff
that she has to pay the remaining balance of (800,000 Php) to BPI until the
next day or on October 14, 1985;
22. That on October 14, 1985, Plaintiff fails to pay the remaining
balance of (800,000 Php);
23. That on October 15, 1985, Defendant Bank sent notice through
mail, a copy of receipt letter from the post office showing acceptance of the
notice is hereto attached as Annex “6” hereof; and through text that her
(200,000 Php) is ready to be delivered to her bank account and that it shall be
delivered on any day at any time she chooses and that the contract of sale
between them has been rescinded effective immediately;
24. That in the afternoon of October 15, 1985, the Manager hearing
nothing from the Plaintiff decided to talk personally to the Plaintiff and went
with two bank personnel to the Plaintiff’s house at her resident in Batasan
Hills and after four door bells on the Plaintiff’s house and nobody came out,
the Manager put inside the mailbox located outside the house two copies of
notice addressed to the Plaintiff that her (200,000 Php) deposit is ready to be
delivered to her Bank Account and that the contract of sale between them has
been rescinded effective immediately;
25. That right after inserting the notice to the mailbox, a young lady
named “Nene” went out and asked who rang the bell and that the Defendant
introduced himself and asked respectfully if a certain Lorna Tanada lives in
the house and that she answered in the affirmative and further states that she
is actually a housemaid of the Plaintiff;
26. That the Manager gave another copy of the notice to the
housemaid that the Plaintiff’s (200,000 Php) is ready to be delivered to her
Bank Account and that the contract of sale between them has been rescinded
effective immediately;
22. That on October 16, 1985, the prospective buyer went to BPI and
asked the status of the same property and that Defendant Bank through the
assigned Manager said the same property has longing for an owner and that
both have executed a contract of sale on the same day;
23. That on October 20, 1985, Defendant bank received a cashier’s
check of (800,000 Php) Eight Hundred Thousand Pesos but which Defendant
refused since there is no more contract between the Defendant Bank and the
Plaintiff since the latter clearly failed to pay her obligation at the time she was
supposed to pay and that the property have already been subjected to another
contract;
24. That the Defendant clearly makes all the possible ways to make
the Plaintiff pay the balance and had exerted so much effort and patience for
waiting the Plaintiff to pay and even cancelled several offers, all to the favor of
the Plaintiff;
25. That the Defendant even have the right to keep the deposit of
P200,000 as what the contract has stipulated “If the purchaser fails to
complete his part of the contract, sellers are allowed to keep the deposit and
may also pursue other legal rights it has against the purchaser….” but
Defendant returned it to her no more no less;
26. That the Supreme Court ruled in one case that, [1]“Breach of
contract is defined as the “failure without legal reason to comply with the terms
of a contract.” It is also defined as the “failure, without legal excuse, to perform
any promise which forms the whole or part of the contract”. As defined above,
Defendant sees no cause of action since Defendant had actually fulfilled his
obligation and as a matter of fact, Plaintiff was the one breaching the contract;
27. That the Supreme Court ruled in another case that, [2]“the essential
elements of a cause of action are (1) a right in favor of the plaintiff by whatever
means and under whatever law it arises or is created; (2) an obligation on the
part of the named defendant to respect or not to violate such right; (3) an act or
omission of such defendant in violation of the right of the plaintiff for which the
latter may maintain an action for recovery of damages or other appropriate
relief.” As clear as crystal, it is true that there is really no cause of action. First,
it is true that Plaintiff have a right, however, such rights are cut totally on
October 15, 1985, the 131th day from June 1, 1985. Secondly, the Defendant
Bank respectfully gave what is due to him which is to wait for the payment
from the Plaintiff until the due date of October 9, 1985 and no Plaintiff’s rights
were violated since until the mentioned date she did not obligate herself to
pay the balance due to her. Thirdly, the Defendant even gave the Plaintiff five
more additional days to which she should pay and still, the latter did not.
Moreover, as clear as it is, Defendant did no act or omission in violation of the
right of the Plaintiff for which the latter may maintain an action for recovery
of damages or other appropriate relief;
[1] Cathay Pacific Airways Ltd. vs Vasquez G.R. 150843 [2] Soloil Inc. vs Philippine Coconut Authority G.R. 174806
28. That the Supreme Court ruled that [3]“A person, in fairness to the
other party concerned, cannot invoked his own misdeeds to exculpate himself,
conformably with the basic principle in law that he who comes to court must
come with clean hands.” The Plaintiff should have paid what is due to her to
have clean hands. Plaintiff did not pay the balance, clearly disregards her
contractual obligations;
29. That the Supreme Court ruled that, [4]“Moral damages may be
awarded in a breach of contract when the defendant acted in bad faith or was
guilty of gross negligence amounting to bad faith or in wanton disregard of his
contractual obligations.” However as already stated above, Defendant did not
disregard his contractual obligations;
30. That the Defendant has willingly fulfilled his part of the contract
and even more and only cancelled the said contract after he knew that the
other party, herein named as the Plaintiff will never do her part;
31. That the Plaintiff is in fact the one at fault who has willingly
breached the contact by not fulfilling what is stipulated in the contract of sale
which parties have executed on June 1, 1985.
COMPULSORY COUNTERCLAIM
PRAYER
1. DISMISSING the Complaint for utter lack of merit and for lack of
cause of action and;
[3] Lim vs. Queensland Tokyo Commodities G.R. 136031 [4] BPI vs Leobrera G.R. 137147
Other relief and remedies just and equitable in the premises are
likewise prayed for.
Department of Justice
PUBLIC ATTORNEY’S OFFICE
Rm. B-29, Hall of Justice
Diliman, Quezon City
BY:
VERIFICATION
3. That Bank of the Philippine Islands through me have read all the
allegations therein and certify that the same are true and correct of my own
personal knowledge;
4. That Bank of the Philippine Islands through me further certify that the
Bank have not commenced any other action involving the same issues before the
Supreme Court, Court of Appeals or any division thereof or any tribunal or agency;
to the best of my knowledge no such action is pending before the Supreme Court,
Court of Appeals or any division thereof or any tribunal or agency;
5. That in the event that any action involving the same should be made
known, I hereby bind myself to report the same within five (5) days from
knowledge thereof to this Honorable Court.
WITNESS WHEREOF, the Bank of the Philippine Islands through me, Atty.
Jayvee Grospe, have hereunto set my hand this 14th day of November, 1985 at
Quezon City, Philippines.
EXPLANATION
POST OFFICE
MAILMAN: Jessica
Kawmata
ADDRESS RECEIPIENT’S
SIGNATURE
No. 140 New York Street, Batasan
Hills, QC.
No. 141 New York Street, Batasan
Hills, QC.
No. 142 New York Street, Batasan
Hills, QC.
No. 143 New York Street, Batasan
Hills, QC.
No. 144 New York Street, Batasan
Hills, QC.
No. 145 New York Street, Batasan
Hills, QC.
POST OFFICE
MAILMAN: Jesse
Malan
OCTOBER 9, 1985
ADDRESS RECEIPIENT’S
SIGNATURE
No. 140 New York Street, Batasan
Hills, QC.
No. 141 New York Street, Batasan
Hills, QC.
No. 142 New York Street, Batasan
Hills, QC.
No. 143 New York Street, Batasan
Hills, QC.
No. 144 New York Street, Batasan
Hills, QC.
No. 145 New York Street, Batasan
Hills, QC.
POST OFFICE
MAILMAN: Camille
Natiwa
CONTRACT OF SALE
AGREEMENT made this 1st day of June, 1985 between the Bank of the
Philippine Islands for the property known as 3899 Abbey Road, Tagaytay,
Philippines and hereinafter referred to as "Seller" and Lorna Tanada residing
at No. 143 New York Street, Batasan Hills Quezon City hereinafter referred to
as "Purchaser.”
1. SALE. For the consideration hereinafter set forth, sellers agree to sell
and purchaser agrees to buy the real property constituting of approximately 4
acres of house and at 3899 Abbey Road, Tagaytay, Philippines as described in
attached Exhibit.
A. That the said payable amount is subject for extension which will be
agreed by both parties and that such extension shall not exceed 20 days if
balance is more than seventy five percent of (1,000,000 Php);
B. And that such extension shall not exceed 25 days if balance is less
than seventy percent but more than fifty percent of (1,000,000 Php);
C. And that such extension shall not exceed 35 days if balance is less
than fifty percent but more than twenty five percent of (1,000,000 Php);
D. And that such extension shall not exceed 45 days if balance is less
than twenty five percent of (1,000,000 Php);
E. And such extension shall only have an additional extension of 20
days;
F. That the buyer can still acquire/pay the payable amount within 20
days after the last day of extension.
.
3. CONVEYANCE OF REAL PROPERTY. Title to such real property will be
conveyed to the purchaser after paying the entire consideration or (1,000,000
Php) One Million Pesos by a Warranty Deed free and clear of all liens and
encumbrances except as follows:
B. Zoning Ordinances.
C. Current taxes and assessments both general and special which are a
lien on the property.
11. DEPOSIT. The purchaser has deposited (200,000 Php) or (20%) percent
of the sale price, such deposit is to become a part of the purchase price or
returned if not accepted or if this contract thereafter fails to close for any
reason not the fault of the purchaser. If the purchaser fails to complete his
part of the contract, sellers are allowed to keep the deposit and may also
pursue other legal rights it has against the purchaser, including a lawsuit for
any real estate broker's commission paid by the sellers.
13. BINDING EFFECT. This agreement will become binding upon the
distributes, heirs, executors, administrators, successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement on the date
set forth above.
By:
LORNA TANADA
(BUYER)
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY) S.S
The Bank of the Philippine Islands through the Board do hereby name,
constitute and appoint Jayve Grospe of legal age, married, resident of Babaero
Street, Mandaluyong to be true true and lawful attorney-in-fact for the
above-mentioned bank, and in the name of the bank, place and stead, to do
and perform the following acts, to wit:
1. Manage the real estate of the Bank of the Philippine Islands located in
3899 Abbey Road, Tagaytay, Philippines.
IN WITNESS WHEREOF, I/we hereby set my/our hand(s) this 5th day
of January 1985 in Quezon City Philippines.
GAYLE NACUA
Secretary, Bank of the Philippine Islands
BPI President Roselyn Pelaez 263582040 Jan 07, 1985 / Angeles City
Atty. Jayve Grospe 261066475 Jan 13, 1985 / City of Manila
Known to me and to me known to be the same persons who executed
the foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above
written.
SEGUNDA KATIGBAK
Notary Public
Until December 31,1985
PTR No. 6668134
Issued on January 14, 1985
Issued at Quezon City
Roll No. 38990
Manager from the main branch of BPI has been introduced by the Secretary Gayle Nacua to
be the assigned in the Tagaytay and Paranaque lots the BPI currently owned.
Manager from the Quezon City Main Branch has been introduced by the Auditor Joyce
Caligan to be the assigned in the Tagaytay and Paranaque lots the BPI currently owned.
Manager from the main branch of BPI has been called to be assigned in the Tagaytay and
Paranaque lots the BPI currently owned for years 1985-1988.
Manager Jayve Grospeof BPI Main Branch was invited for dinner tonight to discuss about
the properties and to accept the SPA.
Atty. Jayve Grospe 261066475 Jan 13, 1985 / City of Manila
Lorna Tanada 187997264 Jan 02, 1985 / City of Quezon
Known to me and to me known to be the same persons who executed
the foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above
written.
LEONOR RIVERA
Notary Public
Until December 31,1985
PTR No. 6668134
Issued on June 2, 1985
Issued at Quezon City
Roll No. 27990