REPUBLIC OF THE PHILIPPINES

METROPLOLITAN TRIAL COURT

NATIONAL CAPITAL REGION
BRANCH 18, MANILA

ESTATE OF ELPEDIA GAILO GAITAN

Represented by its Court-Appointed
Administrator, LORENA C. GALLARDO
Plaintiff,

-versus- CIVIL CASE NO. 12345678

For: Unlawful Detainer

EDISON E. GANDO
Defendant.
x------------------------------x

ANSWER WITH COUNTERCLAIM

DEFENDANT, through counsel, to his Honorable Court respectfully

state, that:

1. Defendant ADMITS the allegations contained in paragraph 1 of

the
Complaint.

2. Defendant ADMITS the allegations contained in paragraph 2 of

the
Complaint.

3. Defendant ADMITS the allegations contained in paragraph 3 of

the

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 Complaint.

4. Defendant ADMITS the allegations contained in paragraph 2 of

the
Complaint.

5. Defendant DENIES specifically the allegations contained in

paragraph 5 of the Complaint. The truth of the matter is that
defendant lessee has not used the second floor of the leased unit
into residential quarters of his employee and his employee.
Plaintiff has not stated and identified who is the employee of
defendant.
This matter is further explained and amplified in paragraph 15 of
this Answer. The Allegation that defendant lessee has stored
more than the allowable amount of Gasul products inside
commercial unit are not true and mere fabrication of the plaintiff.
This matter is further amplified and explained in paragraph 16 of
this Answer.

6. Defendant DENIES specifically the allegations contained in

paragraph 6 of the Complaint. The truth of the matter being what
is stated in the herein special and affirmative defenses.

7. Defendant DENIES specifically the allegation contained in

paragraph of the Complaint.

8. Defendant DENIES specifically the allegation contained in

paragraph 8

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 of the Complaint. The truth of the matter being what is stated in
the herein special and affirmative defenses.

9. Defendant DENIES specifically the allegation contained in

paragraph 9 of the Complaint. The truth of the matter being that
the said letter of demand has no legal basis whatsoever.

10. Defendant ADMITS the allegation contained in paragraph 10 of

the
Complaint regarding the filing of a baseless Complaint by the
plaintiff against the defendant before the barangay.

11. Defendant DENIES specifically the allegation contained in

paragraph 11 of the Complaint for lack of knowledge as to the
truth thereof.

SPECIAL AND AFFIRMATIVE DEFENSES

12. Defendant repleads and incorporates all the material allegation

contained in the preceeding paragraphs.

13. On July 1, 2006 a first Contract of Lease was entered into by the
Estate of the late Elpedia Gailo Gaitan, then represented by
Agnes B. Yanger, as the Lessor and defendant Edison E. Gando
as the Lessee. This Lease Contract was for a period of one (1)
year from July 1, 2006 to June 30, 2007. Photo copy of this
Contract of Lease is attached as Annex “1”. The leased premises

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 were to be used by the defendant as an LPG (Petron Gasul) sales
outlet.

14.This Contract of Lease (Annex “1”) was subsequently renewed

by the plaintiff and defendant several times and the last one was
executed by them on April 1,2016 and which will expire on
March 21, 2020, photo copy attached as Annex “2”.

15. The subject of this Contract of Lease is the semi-commercial

Elpedia building situated at 456 Magallanes Street, Intramuros,
Manila, consisting of two (2), floors with a total area of 150
square meters, more or less. The first floor is used by defendant
lessee for its LCG General Appliances and LCG Bakeshop with
an area of 48 square meters and 20 square meters, respectively.
The second floor is used as the station of the security attendants
who take care and attend to the business of the defendant lessee.
The LCG bakeshop (Twin Pandesal) is operating anytime in 24
hours, as needed. The then administrator of the lessor Erna
Barrios was completely aware and consented to this lease set up.
No member of the family of the security attendants are using this
place for their residence.

16. The Gasul Cylinders inside the leased premises are mostly empty
cylinders. Only a limited and low number of filled Gasul
cylinders are kept for walk-in customers. The empty cylinders are
accumulated due to the delivery of filled cylinders by the riders
of the defendant from different warehouse to the residences of its
customers in exchange for the empty cylinders.

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 17. The existing wall between the Bakeshop (Twin Pandesal) and
Gasul
Cylinders are made of asbestos or fire resistant materials. This
place of the defendant lessee are regularly inspected by the
Bureau of fire Protection of Manila and Fire Safety Inspection
Certificates were issued accordingly to the defendant. Photo
copies attached as Annexes “3” and “4”.

18._The defendant lessee with its business establishment of

LCG Gasul Appliances and LCG Bakeshop is compliant with all
permits necessary for its operation as follows -

LCG GASUL AND APPLIANCES

a. Business Permits 2017 and 2018

b. Barangay Clearance 2017 and 2018
c. Environment Clearances 2017 and 2018
d. Fire Safety Inspection Certificate
e. Locational Clearance
f. Standard Compliance Certificate from the Department of Energy

Photo copies attached Annexes “5”,”5-A” to “5-H”.

LCG BAKESHOP

a. Business Permits 2017 and 2018

b. Barangay Clearance 2017 and 2018
c. Environment Clearances 2017 and 2018.

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 d. Fire Safety Inspection Certificate
e. Locational Clearance
f. Sanitary Permits 2017 and 2018

Photo copies attached Annexes “6”,”6-A” to “5-I”.

19. The defendant lessee has been religiously paying his monthly
rentals within the first five days of every month as per their Lease
Contract to the then administrator of the plaintiff, Agnes B. Yanger,
up to the present time. The last rental payment was made on March
05, 2018. Photo copies of receipt attached as Annex “7”, et seq.

20._The defendant lessee has not committed any act in contravention

of any provisions of their Contract of Lease. Fact is that it is the
plaintiff lessor Lorena C. Gallardo who has violated the provision of
paragraph 16 of their Lease Contract which states “xxx the new
owners shall respect all the terms and conditions of this Contract as
maybe applicable and subsisting.”

21. On June 9, 2018 the plaintiff unexpectedly sent a Notice of

Termination of the Contract of Lease and Notice to Vacate to the
defendant lessee. This Notice to Vacate was considered by the
defendant Lessee as part of the harassment being exercised
continuously by Lorena C. Gallardo to force the defendant lessee to
vacate the subject unit. Even before this Notice to Vacate was sent to
defendant lessee the following harassment moves were applied by
plaintiff lessor to the defendant lessee;

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(a) On June 21, 2017 at around 5:00 p.m. without permission of
the Defendant lessee the Barangay Police Safety Officer (BPSO) of
Barangay 655, Intramuros went to the second floor of the subject
leased premises to inspect the room as per instructions of Lorena
C. Gallardo, but seen nothing unlawful thereat. Pictures attached as
Annex “8”, “8-A” to “8-B”.

(b) On October 12, 2017 at around 2:00 p.m. the emergency door and
fire
exit at the rear portion of the leased premises were padlocked by the
plaintiff without the knowledge and permission form the defendant
lessee. Police Certification and Blotter form the barangay 655,
Intramuros attached as Annex “9”. It was padlocked by security guards
as per instruction of Lorena C. Gallardo. An Affidavit-Complaint of
this incident was filed with the Office of the City Prosecutor of Manila
on October 19, 2017, by defendant lessee against plaintiff Lorena C.
Gallardo with Docket No. XV-033-INV-16-7J-199876. Attached as
Annexes “10” and “10-A” is a copy of this investigation Data Form of
the Office of the Prosecution, Manila and Affidavit-Complaint.

(c) On November 9, 2017 at about 3:58 p.m. three (3) BPSO form
barangay 655, Intramuros were instructed again by plaintiff Lorena
C. Gallardo to go to the second floor of the subject leased unit for
inspection. The attempted entry without permission from defendant
lessee was stopped by an employee of the defendant lessee. This
incident was reported to barangay officials for dialogue but no
conciliation has been reached. Thus a Certificate to File Action was
issued by Brgy. 655, Intramuros, photo copies attached as Annex
“11” and Blotter as Annex “11-A”.

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(d) On January 19, 2018 at around 9:45 a.m. plaintiff Lorena C.
Gallardo complained about a single motor that was properly parked
in front of the LCG Gasul. Plaintiff Lorena C. Gallardo was sending
away and telling people not to patronize and buy bread from
defendant lessee saying that they were dirty. Pictures attached as
Annex “12”et seq. Defendant lessee reported this matter to the
barangay, photocopy of the report to the barangay is and
Certification to file Action attached as Annex “13” and
Certification to File Action as Annex “14”.

22. It can be seen from all the foregoing that defendant lessee has
not committed any violation of their lease contract. It is plaintiff
Lorena C. Gallardo who has been continuously harassing the
defendant so that the latter will vacate the subject leased premises.
Defendant lessee has not committed any violation of their lease
contract which is effective until March 21, 2020.

COUNTER CLAIM

23. Defendant lessee repleads and incorporates all the

allegations contained in the preceding paragraphs. As a result of
this continuous harassment by plaintiff Lorena C. Gallardo on
defendant lessee the latter suffered damages. The LCG Gasul
General Appliances, and LCG Bakeshop suffered a considerable
decrease in their sales because of these continuous illegal
harassment by Lorena C. Gallardo. She must be made to pay

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 actual damages to defendant lessee in the amount of
P100,000.00.

24. Plaintiff Lorena C. Gallardo should also be made to pay

exemplary damages to the defendant lessee in the amount
P50,000.00 in order to teach her a lesson not to trifle with the
feelings and good standing in the community of defendant
lessee.

25. Plaintiff Lorena C. Gallardo should be held liable to pay

defendant the amount P50,000.00 as attorney’s fee because the
latter was forced to avail the legal services of a counsel for a
stipulated fee to protect himself from this baseless suit of the
plaintiff.

PRAYER

WHEREFORE in view of all the foregoing, it is respectfully prayed of

this Honorable Court, that:

(a) This Complaint for Unlawful Detainer against Edison E. Gando be

DISMISSED for lack of merit;

(b) Plaintiff be ordered to pay the defendant the amount of

P100,000.00 as actual damages, and the amount of P50,000.00 as
exemplary damages; and

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 (c) Plaintiff must be ordered to pay defendant the amount of
P50,000.00 as attorney’s fees.

Defendant prays for other reliefs and remedies just and equitable under
the premises.

Manila, September 25, 2018.

CREVILLO LAW OFFICE

Counsel for the Defendant
2nd Floor, Crevillo Building
331 Adamson Street, Malate, Manila
Tel. Nos. 7876331

By:

JEFFREY A. CREVILLO
Roll No. 98765400
PTR No. 5566984-C, 1-04-18, Manila
IBP No. 965340, 1-03-18, Manila IV
MLC Compliance No.V-00189087, 4-05-17

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