2 January 2014
MARIA MAGDALENA P. ALDANA, 1 Cabinet Hill
Baguio City
Dear Ms. Aldana:
I write in behalf of Mrs. Angelica Y. Santibanyez of 8 Orchard Street, Brent Townhomes, Baguio City.
Be reminded that you have not paid your rent on the leased premises for the months of October, November, and December 2013 amounting to forty-five thousand pesos ( 45,000.000). Demand was made upon you orally to pay₱ your outstanding rental fees but you refused.
Final demand is being made upon you to pay your outstanding rent and vacate the leased premises within five (5) days from receipt of this letter or else my client will have no option left but to file the appropriate case against you in the courts of law.
It is recommended that you act on this matter immediately to avoid the embarrassment and rigors of court litigation.
Thank you.
Very truly yours,
JUAN DELA CRUZ JR. Counsel for Mrs. Santibanyez
Republic of the Philippines
Cabinet Hill-Teacher’s Camp Barangay Baguio City
OFFICE OF THE LUPONG TAGAPAMAYAPA ANGELICA Y. SANTIBANYEZ,
Complainant,
-versus- Barangay Case No. 2014-01 For: Unlawful Detainer MARIA MAGDALENA P. ALDANA,
Respondent. x---x
CERTIFICATION TO FILE ACTION This is to certify that:
4. There has been personal confrontation between the parties in the above captioned case before the Punong Barangay and the Lupon ng Tagapagkasundo.
5. There were neither settlement nor conciliation during the arbitration and mediation proceedings in the barangay.
6. Both Parties agreed and decided to elevate the above stated case to a higher court of law.
THEREFORE, the corresponding complaint for the dispute may now be filed in a court of law.
Issued this 8th day of January 2014 at Cabinet Hill-Teacher’s Camp,
Baguio City.
SERGIO M. FERNANDO Lupon Secretary
Attested:
FACUNDO S. ALIPIN
Republic of the Philippines Municipal Trial Court in Cities
First Judicial Region Branch I, Baguio City
ANGELICA Y. SANTIBANYEZ, Plaintiff,
-versus- Civil Case No. 12345-2014 For: Unlawful Detainer MARIA MAGDALENA P. ALDANA,
Defendant. x---x
ANSWER
With all due respect to this Honorable Court, Defendant, through the undersigned Counsel, respectfully alleges:
14.That Defendant admits the allegations stated in paragraph 2 of the Complaint as to her personal circumstances;
15.That Defendant admits the allegations contained in paragraph 3 as to the lessor and location of the condominium unit;
16.That Defendant admits the allegations stated in paragraph 4 as to the verbal agreement of lease;
17.That Defendant admits the allegations contained in paragraph 8 as to the non-conciliation at the Office of the Punong Barangay;
18.That Defendant specifically denies the allegations contained in paragraphs 5, 6, and 7 with respect to the non-payment of outstanding rents from October to December 2013;
19.That Defendant specifically denies the allegations stated in paragraph 9 of the Complaint for the need of engaging the services of counsel;
SPECIAL AFFIRMATIVE DEFENSES
20.That Defendant noticed on October 2013 that the unit is deteriorating as the roof is infested with termites and may fall at any moment. The plumbing system of the unit also started to leak water in the bathroom and under the sink. Defendant reported these problems to the Plaintiff
for several consecutive days, however she did not give attention to these;
21.That Defendant upholds the principle that the Plaintiff must not be unjustly enriched at Defendant’s expense. Defendant worried that accidents may occur due to these problems, took it to herself to have the unit repaired which included the repairs of the roof and the plumbing system in which Defendant incurred expenses amounting to Php 50,000.00;
22.That Defendant reported to Plaintiff the expenses incurred for repairs but Plaintiff did not believe the reports despite of the evidence presented by the Defendant. Plaintiff still demanded the payment for the rent even if it is incumbent upon her to maintain the safety and living conditions of the unit as stipulated in the contract of lease; 23.That if Plaintiff had given attention to the reported problems of the
unit by the Defendant, the services of a lawyer would not have been necessary;
COUNTERCLAIM
24.That due to the Plaintiff’s unnecessary acts, Defendant was forced to engage the services of the undersigned Counsel wherein they agreed to pay Php 50,000.00 as Attorney’s Fees and Php 2,000.00
Appearance Fee for every hearing;
25.That due to these acts of the Plaintiff, Defendant suffered and will continue to suffer no end of mental anguish, anxieties, humiliation, wounded feelings and sleepless nights for which if quantified would amount to Php 20,000.00 in the form of Moral Damages;
26.That in order to deter the commission of the same act, Plaintiff should be ordered to pay the amount of Php 10,000.00 as Exemplary
Damages.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered in favor of the Defendant:
5. Ordering Plaintiff to pay the amount of Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing;
6. Ordering Plaintiff to pay Php 20,000.00 as Moral Damages; 7. Ordering Plaintiff to pay Php 10,000.00 as Exemplary Damages; 8. Ordering Plaintiff to pay the costs of this suit.
Defendant further prays for other reliefs and remedies just and equitable under the premises.
Baguio City, Philippines, this 13th day of January 2014.
FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant
PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City
Roll No. 56565:4-1-00:Manila
MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
VERIFICATION
I, MARIA MAGDALENA P. ALDANA, of legal age, Filipino citizen, single, and a resident of 1 Cabinet Hill, Baguio City, Philippines, after having been duly sworn to in accordance with law, depose and state that:
4. I am the Defendant in the above-entitled case;
5. I have caused the preparation and the filing of the foregoing answer;
6. I have read the contents thereof and the same are true and correct to the best of my personal knowledge and on the basis of copies of documents and records in my possession.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day
of January 2014, at Baguio City, Philippines.
MARIA MAGDALENA P. ALDANA Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 13th day of January 2014, by MARIA MAGDALENA P.
ALDANA, who is personally known to me.
FERNANDO JOSE ALTAMIRANO DEL CASTILLO Notary Public
Until December 31, 2014
45 Hotel, Leonard Wood Road, Baguio City PTR No. 11123445:1-3-14:Baguio City
IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila
MCLE Compliance No. 67657:5-20-13:Manila Commission Serial No. 02-NC-13 (R) Doc. No. 5
Page No. 1 Book No. V Series of 2014 Copy Furnished:
JUAN DELA CRUZ JR. Counsel for the Plaintiff
Republic of the Philippines Municipal Trial Court in Cities
First Judicial Region Branch I, Baguio City
ANGELICA Y. SANTIBANYEZ, Plaintiff,
-versus- Civil Case No. 12346-2014 For: Forcible Entry
MARI MAR P. ALDANA, Defendant. x---x
COMPLAINT
COMES NOW the plaintiff through the undersigned counsel and unto this Honorable Court alleges:
9. That plaintiff is a Filipino citizen, of legal age, married, and residing at 8 Orchard Street, Brent Townhomes, Baguio City;
10.That defendant is also a Filipino citizen, of legal age, with residence and postal address at 1 Cabinet Hill, Baguio City where she may be served with summons;
11.That the plaintiff is the absolute owner of the Angelica Building located at 1 Cabinet Hill, Baguio City, Baguio City;
12.That on December 25, 2013, the defendant, by means of force, intimidation, strategy and stealth, unlawfully entered upon the penthouse of the above described property;
13.As if to add injury, defendant unloaded her belongings in the penthouse and claimed it as her own even placing her filthy dog Fulgoso on the premises and a sign saying “Property of Mari Mar! No trespassing!” on the door;
14.That plaintiff confronted the defendant but she refused to vacate said penthouse and still persists in continuing the unlawful acts upon the property;
15.That this case has been referred to the Office of the Barangay Captain for conciliation but to no avail;
16.That by reason of the failure of the defendant to vacate the premises plaintiff was compelled to file this complaint engaging the services of counsel in the amount of twenty thousand pesos ( 20,000.00).₱
PRAYER
WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor of the plaintiff, and ordering the defendant:
4. Before hearing, a temporary restraining order be issued against the defendant;
5. After due notice and hearing, to issue Writ of Injunction ordering defendant:
a. To allow plaintiff to take possession of her property;
b. To make the Injunction against defendant permanent and indefinite;
6. Judgment be rendered in favor of the plaintiff ordering defendant to pay, by way of reimbursement of litigation expenses, the amount of not less than twenty thousand pesos ( 20,000.00) and to pay₱ reasonable Attorney’s fees;
Plaintiff prays for such other remedy as this Honorable Court may deem just and equitable.
Baguio City, Philippines, this 10th day of January 2014.
JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City
(074) 422-1234
PTR No. 1928374/Baguio City/01-04-13 Roll of Atty. No. 67548/05-18-10
IBP OR No. 739281/Baguio-Benguet/01-04-13 MCLE Compliance No. IV-90210/04-22-13
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, ANGELICA Y. SANTIBANYEZ, of legal age, married, Filipino citizen, and a resident of 8 Orchard Street, Brent Townhomes, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that:
7. I am the plaintiff in the above-entitled case;
8. I have caused the preparation and the filing of the foregoing complaint;
9. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession;
10.I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
11.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency.
12.If I should thereafter learn that a similar action or proceeding 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 Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day
of January 2014, at Baguio City, Philippines.
ANGELICA Y. SANTIBANYEZ Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 10th day of January 2014, by ANGELICA Y.
SANTIBANYEZ, who is personally known to me.
JUAN DELA CRUZ JR. Notary Public
Until December 31, 2014 100A Session Road, Baguio City
(074) 422-1234
PTR No. 1928374/Baguio City/01-02- 14
Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-
Benguet/01-02-14
MCLE Compliance No. IV-90210/04- 22-13
Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 68; Page No. 14; Book No. I; Series of 2014 Copy Furnished:
Atty. Fernando Jose Altamirano Del Castillo Counsel for the Defendant
Republic of the Philippines
Cabinet Hill-Teacher’s Camp Barangay Baguio City
OFFICE OF THE LUPONG TAGAPAMAYAPA ANGELICA Y. SANTIBANYEZ,
Complainant,
-versus- Barangay Case No. 2014-02 For: Forcible Entry
MARI MAR P. ALDANA, Respondent. x---x
CERTIFICATION TO FILE ACTION This is to certify that:
4. There has been personal confrontation between the parties in the above captioned case before the Punong Barangay and the Lupon ng Tagapagkasundo.
5. There were neither settlement nor conciliation during the arbitration and mediation proceedings in the barangay.
6. Both Parties agreed and decided to elevate the above stated case to a higher court of law.
THEREFORE, the corresponding complaint for the dispute may now be filed in a court of law.
Issued this 8th day of January 2014 at Cabinet Hill-Teacher’s Camp,
Baguio City.
SERGIO M. FERNANDO Lupon Secretary
Attested:
FACUNDO S. ALIPIN
Republic of the Philippines Municipal Trial Court in Cities
First Judicial Region Branch I, Baguio City
ANGELICA Y. SANTIBANYEZ, Plaintiff,
-versus- Civil Case No. 12346-2014 For: Forcible Entry
MARI MAR P. ALDANA, Defendant. x---x
ANSWER
With all due respect to this Honorable Court, Defendant, through the undersigned Counsel, respectfully alleges:
7. That Defendant admits the allegations stated in paragraph 2, 3, 5, 6, and 7 of the Complaint, except the description on paragraph 5 of the dog Fulgoso being filthy which she specifically denies;
8. That Defendant specifically denies the allegation contained in paragraph 4 with respect to unlawfully entering the penthouse by means of force, intimidation, strategy and stealth;
9. That Defendant specifically denies the allegations stated in paragraph 8 of the Complaint for the need of engaging the services of counsel;
SPECIAL AFFIRMATIVE DEFENSES
10.That Defendant was invited by Sergio Santibanyez at the penthouse on December 25, 2013 and he said to her, “From this day forward, you will now live in this penthouse. No hell or high water, nor even my stepmother can make you leave our penthouse of love and dreams. This I promise you and I will take care of you. I will tell my stepmother of this thing by tomorrow morning.”
COUNTERCLAIM
11.That due to the Plaintiff’s unnecessary acts, Defendant was forced to engage the services of the undersigned Counsel wherein they agreed to pay Php 50,000.00 as Attorney’s Fees and Php 2,000.00
12.That due to these acts of the Plaintiff, Defendant suffered and will continue to suffer no end of mental anguish, anxieties, humiliation, wounded feelings and sleepless nights for which if quantified would amount to Php 10,000.00 in the form of Moral Damages;
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered in favor of the Defendant:
4. Ordering Plaintiff to pay the amount of Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing;
5. Ordering Plaintiff to pay Php 10,000.00 as Moral Damages; 6. Ordering Plaintiff to pay the costs of this suit.
Defendant further prays for other reliefs and remedies just and equitable under the premises.
Baguio City, Philippines, this 13th day of January 2014.
FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant
PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City
Roll No. 56565:4-1-00:Manila
MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
VERIFICATION
I, MARI MAR P. ALDANA, of legal age, Filipino citizen, single, and a resident of 1 Cabinet Hill, Baguio City, Philippines, after having been duly sworn to in accordance with law, depose and state that:
4. I am the Defendant in the above-entitled case;
5. I have caused the preparation and the filing of the foregoing answer;
6. I have read the contents thereof and the same are true and correct to the best of my personal knowledge and on the basis of copies of documents and records in my possession.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day
of January 2014, at Baguio City, Philippines.
MARI MAR P. ALDANA Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 13th day of January 2014, by MARI MAR P. ALDANA,
who is personally known to me.
FERNANDO JOSE ALTAMIRANO DEL CASTILLO Notary Public
Until December 31, 2014
45 Hotel, Leonard Wood Road, Baguio City PTR No. 11123445:1-3-14:Baguio City
IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila
MCLE Compliance No. 67657:5-20-13:Manila Commission Serial No. 02-NC-13 (R) Doc. No. 6
Page No. 2 Book No. V Series of 2014 Copy Furnished:
JUAN DELA CRUZ JR. Counsel for the Plaintiff