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Republic of the Philippines

MUNICIPAL TRIAL COURT OF LAOANG


8th Judicial Region
Laoang, Northern Samar

LEYTECIA A. ESPIÑA
Plaintiff,

-versus- CIVIL CASE NO. 460


FOR: UNLAWFUL DETAINER

EUSEBIA A. DE ASAS,
Defendant.

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

ANSWER

(In Re: Summons, received on June 29, 2019)

The Defendant EUSEBIA A. DE ASAS, by counsel, respectfully states:

I. Answer

1. Paragraphs 1 and 2 of the complaint are admitted.

2. Paragraph 5 to 7 of the Complaint are denied for lack of knowledge or


information sufficient to form a belief as to the veracity or falsity thereof, the
allegations therein being matters known only to, and are within the control only,
of the plaintiff.

3. Paragraph 10 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. The said
paragraph is likewise denied insofar as it alleges that the defendant has no
basis or justification to occupy the subject property, the truth being those
alleged in the special and affirmative defenses part herein below.

II. Special and Affirmative Defenses

4. The title and ownership in fee simple over the subject property is within the
name of Macrina M. Espiňa and not the plaintiff.

5. The plaintiff is not “the owner” in fee simple of the subject property, contrary to
her allegation in Paragraph 3 of the Complaint.

6. Paragraph 4 is admitted. However, it must be pointed out that the collection of


coconut is due to the agreement between Macrina M. Espiňa and Eusebia A.
De Asas.
7. Paragraph 8 of the Complaint is specifically denied. The truth in the matter
thereof is that the plaintiff is not entitled to any income from the harvest since
the agreement of collecting harvest is between Macrina M. Espiňa and Eusebia
A. De Asas.

8. Paragraph 9 of the Complaint is specifically denied. The truth in the matter


thereof is that the defendant is not withholding any property of the plaintiff since
the property possessed by the defendant is owned by Macrina A. Espiňa.

III. Compulsory Counterclaim

9. By reason of the abuse of rights committed by the plaintiff and by the reason of
the instant precipitate and unfounded suit, the defendant was constrained to
hire the services of a lawyer to defend his rights and interest s for a professional
fee of P20,000 plus P3,000 pesos per Court Appearance;

10. Similarly, 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.

IV. Prayer

WHEREFORE, premises considered, it is respectfully prayed that the parties be


given ample time to reach an amicable settlement, and in the case of failure thereof, and
after trial, the complaint be dismissed for lack of merit and the defendant’s compulsory
counterclaim be granted be granted, i.e. Attorney’s Fees of P20,000 plus moral damages
of P50,000, plus cost of suit.

The Defendant respectfully prays for such and other reliefs as may be deemed just
and equitable.

Catarman, Northern Samar, Philippines, July 5, 2019

ATTY. MIKHAEL O. SANTOS


Counsel for Defendant
Catarman, Northern Samar
Roll No. 72577
Newly Admitted
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF NORTHERN SAMAR )
MUNICIPALITY IF CATARMAN )

VERIFICATION AND CERTIFICATION

I, EUSEBIA A. DE ASAS, legal age, married, Filipino and a resident of Laoang,


Northern Samar, under oath, depose and state:

1. 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, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and existing
Supreme Court circulars, 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.

Catarman, Northern Samar, Philippines, July 5, 2019

EUSEBIA A. DE ASAS
Affiant
OSCA I.D. No. 1397 issued on 30 June 2008

SUBSCRIBED AND SWORN TO before me, this __________, in Catarman,


Northern Samar, affiant exhibited her Senior Citizen’s I.D. as a competent proof of her
identity.

Doc. No._____
Book No._____
Page No._____
Serie of 2019

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