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Answer with Counterclaim in Detainer Case

This document is an Answer with Counterclaim filed by defendant Oliver Baluyot in response to a complaint filed by plaintiff Jennifer Caballes for unlawful detainer. The defendant admits some allegations of the complaint but denies that payment was not made, asserting that payment was deposited in the plaintiff's bank account as evidenced by attached deposit slips. The defendant also files a compulsory counterclaim alleging that the complaint caused mental anguish and damages in the amount of PHP 300,000 in moral damages and attorney's fees. The defendant requests that the complaint be dismissed and the counterclaim be granted, ordering the plaintiff to pay damages.

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3K views5 pages

Answer with Counterclaim in Detainer Case

This document is an Answer with Counterclaim filed by defendant Oliver Baluyot in response to a complaint filed by plaintiff Jennifer Caballes for unlawful detainer. The defendant admits some allegations of the complaint but denies that payment was not made, asserting that payment was deposited in the plaintiff's bank account as evidenced by attached deposit slips. The defendant also files a compulsory counterclaim alleging that the complaint caused mental anguish and damages in the amount of PHP 300,000 in moral damages and attorney's fees. The defendant requests that the complaint be dismissed and the counterclaim be granted, ordering the plaintiff to pay damages.

Uploaded by

KayeLaniRaeOcampo
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
  • Answer with Counterclaim
  • Affirmative Defenses
  • Compulsory Counterclaim
  • Reliefs
  • Conclusion/Explanation

Republic of the Philippines

National Capital Judicial Region


METROPOLITAN TRIAL COURT
Quezon City
Branch _____
JENNIFER CABALLES,
Plaintiff,
-

versus

Civil Case No.


For: UNLAWFUL
DETAINER

OLIVER BALUYOT,
Defendant,
X------------------------------X
ANSWER WITH COUNTERCLAIM

DEFENDANT, through counsel, and by way of answer to the


above-entitled complaint, to this Honorable Court respectfully
allege that:

1. Defendant admits allegations in pars. 1, 2 and 3;

2. Defendant denies the allegations stated in pars. 4, and 5


as being false, the truth of the matter is:

a.

Due to the unavailability of the


Plaintiff

upon

payment

by

the

defendant of the amounts alleged


therein, defendant was forced to
deposit it to the bank attached as
Annexes

1,2,

and

respectively, to be made as an
integral part of the Answer therein;

b.

Defendant

explained

to

the

defendant that he deposited the


amounts

to

the

plaintiffs

bank

account but said reasons fell on


deaf ears;

3. Defendant was shocked having received a formal demand


letter from Ms. Caballes to pay and vacate the premises
despite, earnest efforts to reason with her that said
amounts have been settled through bank deposits as
means of payments.
Defendants, further allege that by way of __

AFFIRMATIVE DEFENSES

4. As herein before alleged, defendant has already paid the


amount

of

one

hundred

twenty

thousand

pesos

(120,000.00 PHP) through the bank account of the plaintiff


as evidence by the deposit slips attached as ANNEXES 1,2,
and 3 respectively.

5. The filing of this Complaint is tainted with malice and bad


faith;

6. That the plaintiff in filing this complaint intends to defraud


the defendant by unjustly enriching herself in the process;

7. The allegations in the Complaint fail to state factual basis


for the award of attorneys fees prayed for;

Finally, defendants further allege that by way of __

COMPULSORY COUNTERCLAIM

8. The defendants incorporate and replead herein by way of


reference, its allegations in the preceding paragraphs as
may be material to this counterclaim;

9. The complaint is baseless, which caused defendants


sleepless night, mental anguish, wounded feelings thereby
causing defendant moral damages in the amount of two
hundred thousand pesos (200,000.00 PHP);

10.

That the plaintiffs are liable for the payment of the

above-mention damages to the defendants and in order to


vindicate and get satisfaction for the wrong done or
sustained as a direct result of the non-observance of
honesty and good faith enshrined in our Civil Code on
Human Relations, defendant are compelled to employ the
legal services of counsel to enforce their rightful demand
before this Honorable Court, thereby incurring additional
damages in the amount of one hundred thousand pesos

(100,000.00 PHP) as and by way of attorneys fees plus


the sum of three thousand pesos (3,000.00 PHP) as per
court appearance fee and will likely incur expenses of
litigation.

RELIEFS

WHEREFORE, it is respectfully prayed of this Honorable


Court that judgment be rendered as follows:

1. DSIMISSING the above-entitled complaint;

2. And on the COUNTERCLAIM, ordering the plaintiff to pay


herein defendant, the sum of P200,000.00 as moral
damages; P100,000.00 as and by way of attorneys
fees plus the sum of P3,000.00 as per court appearance
fee.

Defendants further pray for such other reliefs and remedies


just and equitable in the premises.
Quezon City, December 3, 2012

ARIT,
OCAMPO,
PALMA,
VILLANUEVA
AND
ASSOCIATES
LAW OFFICE
Counsel for Defendant
2/F Llamas-Reyes Building, Burgos
Ext.,
1126 Batasan Hills,
Quezon City
By:

Dervin June Arit


IBP No. _____________
PTR No. _____________
Roll No. _____________
Copy Furnished:
Atty. Israel E. Tamayo
Quezon City,
EXPLANATION
The filing and service of this answer with counterclaim is by
Reg. Mail W/ Ret. Card for personal filing and service is not
practicable due to the distance of the court from counsels offices.
DERVIN JUNE ARIT

Republic of the Philippines National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City Branch _____ JENNIFER CABAL
respectively, to be made as an integral part of the Answer therein; b. Defendant explained to the defendant that he
6. That the plaintiff in filing this complaint intends to defraud the defendant by unjustly enriching herself in the process;
(100,000.00 PHP) as and by way of attorney’s fees plus the sum of three thousand pesos (3,000.00 PHP) as per court appearanc
Dervin June Arit IBP No. _____________ PTR No. _____________ Roll No. _____________ Copy Furnished: Atty. Israel E. Tamayo Qu

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