REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Calbayog
Branch __

JUAN DELA CRUZ,

Plaintiff, CIVIL CASE No. 98765
-versus- FOR: Unlawful Detainer

TERESITA ANIBAN,
Defendant.

x-----------------------------------x

ANSWER

COMES NOW, the plaintiff, through the undersigned counsel and

unto this Honorable Court, most respectfully states:

1. Paragraphs 1, 2, 3, 4 and 6 of the Complaint are admitted.

2. Paragraphs 6 to 7 of the Complaint are admitted with modifications.
The truth of the matter is that the defendant as early of January 2019 has
repeatedly asked for the repair of the dilapidated ceiling and plumbing for
the said apartment. Despite the insistence if the defendant for its
immediate repair as the leaking pipes and dilapidated ceiling were a
constant source of discomfort to the occupants of the said building, the
plaintiff has promised to have request done at the last week of February
2019.
3. That until March 15, 2009, the plaintiff has never made good of his
promise to have the repairs done. He instead approached the defendant
and proposed that that She, the defendant, may have the repairs done, and

Page 1 of 4
that all expenses incurred for the repair shall be deducted from the latter’s
monthly rent;
5. That the defendant in good faith agreed to the plaintiff proposal as this
would be more convenient than looking for another apartment.
6. That sometime April 2019, the defendant presented to the plaintiff a bill
of materials and scope of work as detailed by the engineer and the mason
who made the repair. The total sum of the bill paid by the plaintiff was at
One Hundred Thirty Eight Thousand Pesos (Php 138,000.00)
7. That after a scrutiny of the Bill of Quantities presented, the plaintiff
made no objection as to its amount and reminded the plaintiff that the
same will be deducted as previously agreed.
8. And that there was no demand letter for the collection of unpaid rentals
duly received by the defendant.
WHEREFORE, premises considered, it is most respectfully prayed unto
this Honorable Court that the complaint be dismissed for lack of merit plus
damages and cost of suit.
City of Calbayog, August 2, 2019.

ATTY. NOEL SOLIBAGA

My Commission Expires Dec. 31, 2019
Roll of Attorney No. 98765
IBP No. 22345/2-5-18/Calbayog
PTR No. 22345/12-22-18/Calbayog

Page 2 of 4
 VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

City of Calbayog ) S.S.

I, TERESITA ANIBAN , of legal age, Filipino citizen, single and resident

of 123 Banuyo Street Brgy Cental, Calbayog City, Calbayog City, after having
been duly sworn to in accord Nance with law do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing complaint and have
read the allegations contained therein;
3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or proceeding
involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of my knowledge, no such other action or claim is pending
therein;
5. That if I should learn thereafter that a similar action or proceeding has been
filed or is pending, I hereby undertake to report that fact within five (5)
days therefrom to the court or agency where the original pleading and
sworn certification contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of the
foregoing facts and to comply with the provisions of Adm. Circular No. 04-
94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 2ND
of August 2019, in the City of Calbayog.
TERESITA ANIBAN

SUBSCRIBED AND SWORN to before me this _______ day of

Page 3 of 4
September, 2019, in the City of Calbayog, affiant exhibiting to me his
Driver’s License No. 12345 issued by the Land Transportation Office on
April 8, 2018 at the City of Calbayog.

ATTY. NOEL SOLIBAGA

My Commission Expires Dec. 31, 2019
Roll of Attorney No. 98765
IBP No. 12345/2-5-18/Calbayog
PTR No. 12345/12-22-18/Calbayog

Doc. No. ________

Page No. _______
Book No. _______
Series of 2019.

Page 4 of 4