Answer Percy Binag Ejectment

REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MALABON CITY
BRANCH 56
JOSE V. GARCIA,
Plaintiff,
- versus - CIVIL CASE NO. JL00-1371

For: Ejectment with Damages
PERCY C. BIÑAG AND ALL OTHER

PERSONS CLAIMING RIGHTS AND
TITLES UNDER HER,
Defendants.
x ------------------------------------------------------ x
ANSWER
COMES NOW, defendant Percy Binag, assisted by the Public

Attorney's Office, unto to this Honorable Court most respectfully avers that:
1. Defendant denies the allegations in paragraph 1 of the Complaint

regarding the personal circumstances of the Complainant for lack of
sufficient knowledge and information as to the truth thereof;
2. Defendant admits the allegations in paragraph 2 of the Complaint

regarding her personal circumstances;

regarding the ownership of the Plaintiff of the subject property in this case
for lack of sufficient knowledge to form a well-founded belief regarding the
truth stated therein. As far as the Defendant could remember, the father of
the Plaintiff owns the property subject of this case since she has been
renting the said premises from him since 1994. Defendant likewise denies
the authenticity and genuineness of the attached Tax declaration attached
as Annex "B" in the Complaint being a mere photocopy. At any rate, the
tax declaration is not even a proof of ownership of the property subject of
this case.

since as above mentioned she is not renting the property from the plaintiff.

insofar as it states that Defendant did not pay her monthly rental. On the
contrary, the Defendant pays her rental to Cristina Garcia, the daughter of
plaintiff's father.
6. Plaintiff admits the allegations contained in paragraph 6 of the

Complaint insofar as it states that conciliation conference/proceedings were
held at Brgy. Potrero and that no settlement was reached between them.
7. Plaintiff denies all the allegations contained in paragraph 6 of the

Complaint for lack of sufficient knowledge and information to form a well-
founded belief regarding the truth thereof. Moreover, Defendant denies
having received any Demand Letter dated 4 June 2015. In fact, the said
letter itself shows that no signature of the Defendant appears on the letter
to show that she indeed receive the purported demand letter. Moreover, the
alleged certification categorically states that the purported demand letter
was received by another person and not the defendant herein.
8. Defendant denies all the allegations in paragraph 8 of the

Complaint. Defendant has the right to retain possession of the subject
property in this case since she is paying rentals on the subject premises to
Crisitina Garcia, the daughter of the owner.
AFFIRMATIVE DEFENSES
9. The foregoing allegations are reproduced and repleaded herein by

reference.
10. The plaintiff is not entitled to the reliefs sought in the Complaint.
Defendant has the right to retain possession of the subject property. In fact,
defendant resides in the subject property for over two (2) decades now with
her family.
11. Defendant has been paying rentals to the owner, the father of
the Plaintiff and then to Cristina Garcia her daughter when the former died.
12. Pursuant to Section 2, Rule 70 no action can be brought

against the lessee for failure to pay rent due or comply with the conditions
of the lease unless a written notice to pay or comply with the conditions of
the lease and to vacate is given to the lessee. Demand is a jurisdictional
requirement and the lack thereof is fatal to the Plaintiff.
13. Upon all the foregoing, it is evident that assuming without

conceding that plaintiff owns the subject property in this case, plaintiff has
no right to eject the defendant as plaintiff has not yet complied with the
required demand. Thus, the Complaint should be dismissed for lack of
merit.
2
PRAYER
WHEREFORE, premises considered and in the interest of paramount

justice, it is most respectfully prayed of this Honorable Court that the instant
Complaint be dismissed for utter lack of merit and lack of cause of action.
Defendant likewise prays for other reliefs that are just and equitable
under the premises.
Malabon City, 21 September 2015.
]Assisted By:
SHIN KENNETH A. SOLIDEO

Public Attorney I
Malabon City District Office
160 Gov. W. Pascual Ave.
Tinajeors, Malabon City
Roll No. 58323
IBP No. 969673; 1/06/15; CALMANA
MCLE Compliance No. IV-0018125; 4/22/13
3
VERIFICATION
REPUBLIC OF THE PHILIPPINES)

CITY OF MALABON ) S.S.
I, PERCY C. BIÑAG, of legal age, after having been duly sworn to in

accordance with law hereby deposes and states:
1. That I am the defendant in the above-entitled case;

2. That I have caused the preparation of the foregoing Answer;
3. That I have read and understood the contents thereof, and
the allegations therein are true and correct of my personal
knowledge and belief, and based on authentic documents
and records available to me.
PERCY C. BIÑAG
SUBSCRIBED AND SWORN TO before me this 21st day of

September 2015 at City of Malabon. The affiant exhibiting to me her
______________ ID with No. _____________ as competent proof of her
identity.
ATTY. JALSIDRIE T. HASSIMAN

PAO-MALABON
Public Attorney II
Pursuant to RA 9406
Doc No.
Page No.
Book No.
Series of 2015
Copy furnished:
JOSE V. GARCIA
No. A079 Borol 1, Balagtas, Bulacan
EXPLANATION
Copy of this Answer is filed with the Honorable Court and served
upon plaintiff by registered mail with return card in view of lack of time and
facility to effect personal service.
4
5
6
VERIFICATION
REPUBLIC OF THE PHILIPPINES)

CITY OF MALABON ) S.S.
I, PERCY C. BIÑAG, of legal age, after having been duly sworn to in

accordance with law hereby deposes and states:
4. That I am the defendant in the above-entitled case;

5. That I have caused the preparation of the foregoing Answer;
6. That I have read and understood the contents thereof, and
the allegations therein are true and correct of my personal
knowledge and belief, and based on authentic documents
and records available to me.
PERCY C. BIÑAG
SUBSCRIBED AND SWORN TO before me this 21st day of

September 2015 at City of Malabon. The affiant exhibiting to me her ___ ID
with No. _____________ as competent proof of her identity.
ATTY. JALSIDRIE T. HASSIMAN

PAO-MALABON
Public Attorney II
Pursuant to RA 9406
Doc No.
Page No.
Book No.
Series of 2015
Copy furnished:
JOSE V. GARCIA
No. A079 Borol 1, Balagtas, Bulacan
EXPLANATION
Copy of this Answer is filed with the Honorable Court and served
upon plaintiff by registered mail with return card in view of lack of time and
facility to effect personal service.

Answer Percy Binag Ejectment

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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

- versus - CIVIL CASE NO. JL00-1371

PERCY C. BIÑAG AND ALL OTHER

COMES NOW, defendant Percy Binag, assisted by the Public

1. Defendant denies the allegations in paragraph 1 of the Complaint

2. Defendant admits the allegations in paragraph 2 of the Complaint

3. Defendant denies the allegations in paragraph 3 of the Complaint

4. Defendant denies the allegations in paragraph 4 of the Complaint

5. Defendant denies the allegations in paragraph 5 of the Complaint

6. Plaintiff admits the allegations contained in paragraph 6 of the

7. Plaintiff denies all the allegations contained in paragraph 6 of the

8. Defendant denies all the allegations in paragraph 8 of the

9. The foregoing allegations are reproduced and repleaded herein by

12. Pursuant to Section 2, Rule 70 no action can be brought

13. Upon all the foregoing, it is evident that assuming without

WHEREFORE, premises considered and in the interest of paramount

Malabon City, 21 September 2015.

SHIN KENNETH A. SOLIDEO

REPUBLIC OF THE PHILIPPINES)

I, PERCY C. BIÑAG, of legal age, after having been duly sworn to in

1. That I am the defendant in the above-entitled case;

SUBSCRIBED AND SWORN TO before me this 21st day of

ATTY. JALSIDRIE T. HASSIMAN

REPUBLIC OF THE PHILIPPINES)

I, PERCY C. BIÑAG, of legal age, after having been duly sworn to in

4. That I am the defendant in the above-entitled case;

SUBSCRIBED AND SWORN TO before me this 21st day of

ATTY. JALSIDRIE T. HASSIMAN

SHIN KENNETH A. SOLIDEO

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