REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT IN CITIES
City of Mandaue
Branch 2
GAIZKA ALESSANDRO A. BONTILAO,
Plaintiff,
CIVIL CASE No. 080604
-versus- FOR: Unlawful Detainer
ALYANA GENIELLE B. ACAYLAR,
Defendant.
x-----------------------------------x
ANSWER WITH COMPULSORY COUNTERCLAIM
COMES NOW the defendant by the undersigned attorney and the
answer to plaintiff's complaint, in the above-entitled case, respectfully
alleges:
1. That she admits Paragraphs 1, 2, 4, 5 and 7 of the Complaint.
2. That she DENIES specifically the material allegations made in
paragraph 3, 6 and 8 of the complaint; and alleges that the plaintiff was
the owner of the property during the execution of the contract of lease
between herein parties, but August 29, 2016, the proprty was sold by
plaintiff to a certain “Frank Quijano” by virtue of a Deed of Absolute Sale;
and that defendant, from the months of September 2016 to December
2016, has been paying the rentals to Frank Quijano religiously;
3. That Paragraph 9 of the Complaint is denied for lack of
knowledge and information sufficient to form a belief as to the veracity
or falsity of the alleged amounts of attorney’s fees agreed upon between
the plaintiff and her lawyer.
4. And as AFFIRMATIVE DEFENSES, the defendant alleges:
A. That the plaintiff has no right to demand the rentals of the
property as he is no longer the owner of the subject property as its
ownership was already transferred from plaintiff to Frank M. Quijano by
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virtue of a Deed of Absolute Sale executed between them on August 29,
2016. The Deed of Absolute Sale is attached and marked herein as
Annex “1”;
B. That the plaintiff is not “the owner” of the subject property,
contrary to his allegation in Paragraph 3 of the Complaint. That the
plaintiff, not having ownership rights much more the right to possess
the property, cannot validly lease the property to the defendant;
C. That the defendant had already made payments to Frank M.
Quijano, in good faith, for the months of September 2016 to December
2016, as evidenced by receipts attached herein as Annexes “2-A to 2-D”;
D. That the defendant had answered the demanded letter, dated
November 12, 2016, of the plaintiff through a letter, dated November 17,
2016, of defendant’s counsel, a copy of which is attached as Annex “3”
hereof. It requested plaintiff’s lawyer for a special conference together
with Frank M. Quijano to discuss a serious extrajudicial compromise,
without admission of guilt on the part of the defendant. It was not
formally answered by the plaintiff;
E. That the Complaint is pre-mature as the plaintiff did not avail of
the compulsory conciliation and mediation before the Katarungang
Pambarangay which is a precondition for filing a complaint.
5. As COUNTERCLAIM against the plaintiff, the defendant alleges:
A. That by reason of the abuse of right committed by the plaintiff
and by reason of the instant precipitate and unfounded suit, the
defendant was constrained to hire the services of a lawyer to defend his
rights and interests for a professional fee of P15,000.00 plus P1,000.00
per court appearance;
B. That the plaintiff’s unfounded suit has caused the defendant
mental anguish and suffering and public humiliation and
embarrassment, for which the defendant claims moral damages of
P50,000.00.
WHEREFORE, premises considered, it is respectfully prayed that
the parties be given ample time to reach an amicable settlement before
the Philippine Mediation Center – Cebu City; and that in case of a failure
thereof, and after trial, the complaint be dismissed for lack of merit and
for pre-maturity, and that the defendant’s compulsory counterclaim of
attorney’s fees of P15,000.00 plus moral damages of P50,000.00, plus
costs of suit be granted.
The defendant respectfully prays for such and other reliefs as may
be deemed just and equitable in the premises.
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Cebu City, January 30, 2017.
ATTY. FRANZ LAWRENCE Q. ACAYLAR
Counsel for the Defendant
Roll of Attorneys No. 18180
IBP No. 27638 / Lifetime / Cebu City
PTR No. 76543 / January 3, 2017 / Cebu City
MCLE Compliance No. V – 089754; July 10, 2016 / Cebu City
75 Salinas Drive, Lahug, Cebu City
VERIFICATION AND ANTI-FORUM SHOPPING CERTIFICATION
I, ALYANA GENIELLE B. ACAYLAR, of legal age, single, Filipino, and
with postal address 123 Sparrow Street, Sto. Nino Village, Banilad, Cebu
City, under oath, depose:
1. That I am the defendant in the foregoing case; that I caused the
preparation of the foregoing Answer; that I have read its contents; and
that the same are true and correct of my own direct, personal
knowledge.
2. Further, I hereby certify that I have not heretofore commenced
any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency; that to the
best of my knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
and that if I should hereafter learn that other similar or related actions
or proceedings has been filed or is pending before the Supreme Court,
the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this court.
Cebu City, January 30, 2017.
ALYANA GENIELLE B. ACAYLAR
Affiant/Defendant
SUBSCRIBED AND SWORN to before me in Cebu City on January
30, 2017, the affiant showing her SSS Member ID Card No. 2619205
issued on March 3, 2015 at the City of Cebu.
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ATTY. FRANZ LAWRENCE Q. ACAYLAR
Notary Public within and for the territorial jurisdiction of
RTC of Cebu City, San Fernando and Carcar City
Notarial Commission No. 9087
Until December 31, 2017
Roll of Attorneys No. 18180
IBP No. 27638 / Lifetime / Cebu City
PTR No. 76543 / January 3, 2017 / Cebu City
MCLE Compliance No. V – 089754; July 10, 2016 / Cebu City
75 Salinas Drive, Lahug, Cebu City
Doc. No. 17;
Page No. 3;
Book No. 10;
Series of 2017
Copy Furnished:
ATTY. JEBB LYNUS Q. CANE
Counsel for the Plaintiff
Valderama Compound, Bugnay 1, Labangon, Cebu City
Registry Receipt No. 096587654
February 1, 2017 PO 0632
EXPLANATION
A copy of this pleading is served via registered mail, instead of via
personal service, on the adverse counsel due to the distance of his law
office address and the lack of field staff of undersigned counsel at this
time.
ATTY. FRANZ LAWRENCE Q. ACAYLAR
