Republic oI the Philippines

MUNICIPAL TRIAL COURT

City oI Baguio

RICKY NIMER
PlaintiII Civil Case No.:
For: Unlawful Detainer
- versus -

PHILIP BIASBAS
Respondent.
X---------------------------X

A N S W E R
WITH COUNTERCLAIMS

COMES NOW DeIendant Philip Biasbas, by counsel and unto this Honorable Court, most
respectIully states and avers that:

1. Paragraph 1 is admitted;

2. Paragraph 2 and 3 are denied Ior lack oI inIormation or knowledge suIIicient to Iorm a

reasonable belieI thereoI;

3. DeIendant vehemently denies the allegations contained in paragraph 4 oI the Complaint.
DeIendant's mode oI payment with the PlaintiII Bank has always been by way oI auto-
debit oI his account with the same bank under Account No. 0623456 to pay oII his
monthly rentals, DeIendant had continuously and religiously deposited the required
amounts on his said account since December 10,2010, which was in turn likewise
religiously auto-debited by the PlaintiII Bank Irom month to month;
4. To cover her monthly rental Irom February 2, 2011 to June 06, 2011, which was Ialsely
alleged by the PlaintiII Bank to have not been paid, DeIendant deposited the amount oI
P25,000.00 to his said Account No. 0623456 so that it could be auto-debited by the
PlaintiII Bank the Iollowing day when the said payment Ior the rent Irom February to
June became due. Machine copy oI deposit slip dated February 7, 2011 in the amount oI
P24,000.00 is hereto attached as Annex "1" and made an integral part oI this Answer;
5. DeIendant admits the receipt oI PlaintiII's demand letter dated June 2, 2011 mentioned in
paragraph 5 oI the Complaint but vehemently denies the rest oI the allegations contained
therein, especially PlaintiII's malicious denial oI DeIendant's payments Ior the months oI
February to June 2011;
6. DeIendant denies paragraph 6 oI the complaint and non appearance was in good Iaith
Ior it was made known to the PlaintiII that the payment was made through auto debit oI
the PlaintiII`s Bank and Machine copy oI the E-mail sent to the PlaintiII which is
attached hereto as Annex 'J.

7. Considering that DeIendant has not deIaulted in the payment oI his payments as
previously intimated, there is thereIore no Iactual and legal basis Ior the PlaintiII's claims
and allegations set Iorth in paragraphs 7 oI the Complaint as well as Ior the issuance oI a
Demand Letter to vacate the said premises;
AS CUMPULSURY CUUNTERCLAIMS
. DeIendant hereby restates and repleads all the allegations in the preceding paragraphs by
way oI reIerence and incorporation;
9. As a consequence oI the malicious and wrongIul Iiling oI this entirely baseless and
unjustiIied action, which is attended by extreme bad Iaith, lies and deception, denial oI payments
made, and the unjustiIied demand to vacate the premise by the deIendant, the latter and his
Iamily had suIIered sleepless nights, mental anguish, serious anxiety, severe stress, wounded
Ieelings, besmirched reputation and social humiliation Ior which PlaintiII should be made liable
Ior moral damages in the total amount oI Ten Thousand Pesos;
10. In instituting this unwarranted and clearly unIounded suit against the DeIendant, PlaintiII
had acted in a wanton, Iraudulent, reckless and malevolent manner and, by way oI
example or correction Ior the public good, PlaintiII should be made liable to pay
DeIendant exemplary damages in the total amount oI Five Thousand Pesos(P5,000.00);

11. As a Iurther consequence oI the malicious and wrongIul Iiling oI the present action,
DeIendant was constrained to hire the services oI counsel Ior a legal Iee oI
(P), plus
(P) per court appearance, and to incur
expenses oI litigation Ior which plaintiII should be made to pay.

P R A Y E R

#FO#, PREMISES CONSIDERED, it is most respectIully prayed that aIter
hearing on the merits, this Honorable Court issue an Order:
Dismissing the Complaint 3 toto Ior utter lack oI merit;
Granting moral damages in Iavor oI the DeIendant in the amount oI
(P);
Granting exemplary damages in Iavor oI the DeIendant in the amount oI
(P);
Granting deIendant's claim Ior attorney's Iees in the amount oI
(P) plus
(P) per court appearance, and
the amount oI litigation expenses as may be proved during trial.
Other relieIs just and equitable under the premises are likewise prayed Ior.
, Philippines, Date.
COUNSEL)


VERIFICATION

REPUBLIC OF THE PHILIPPINES)
Province oI ) S.S.
City/Municipality oI )
x - - - - - - - - - - - - - - - - - - - - - - - x

I, _____________, oI legal age, Filipino, (single / married / widow), and a resident oI
, Philippines, aIter being sworn in accordance with law, hereby depose and say:

That I am the (PlaintiII / Complainant / Petitioner) in the above-entitled case; That I have
caused the preparation oI the above (Complaint / Petition) and I have read the same and knows
the contents thereoI; That the allegations contained therein are true and correct oI my own
personal knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this at
, Philippines.



AFFIANT

SUBSCRIBED AND SWORN to beIore me, this , by
who exhibited to me (his/her) Community Tax CertiIicate No. issued at
, Philippines on .



NOTARY PUBLIC

Doc. No. ;
Page No. ;
Book No. ;
Series oI ;

CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)
Province oI ) S.S.
City/Municipality oI )
x - - - - - - - - - - - - - - - - - - - - - - - x

I, _____________, oI legal age, Filipino, (single / married / widow), and a resident oI
, Philippines, aIter being sworn in accordance with law, hereby depose and
certiIy that:

(a) I have not theretoIore commenced any other action or proceeding or Iiled any claim
involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best oI
my knowledge, no such action or proceeding is pending therein; (c) iI I should thereaIter learn that
the same or similar action or proceeding has been Iiled or is pending beIore the Supreme Court, the
Court oI Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such Iact
within Iive (5) days thereIrom to the court or agency wherein the original pleading and sworn
certiIication contemplated herein have been Iiled.

IN WITNESS WHEREOF, I have hereunto set my hand this at
, Philippines.


AFFIANT

SUBSCRIBED AND SWORN to beIore me, this , by
who exhibited to me (his/her) Community Tax CertiIicate No. issued at
, Philippines on .



NOTARY PUBLIC

Doc. No. ;
Page No. ;
Book No. ;
Series oI ;


EXPLANATION

The Ioregoing (Pleading / Motion) is being Iiled with this Honorable Court and served on
the opposing counsel by registered mail in view oI the impracticability oI personal Iiling and
service due to distance considering that the oIIice oI this Honorable Court is in
and that oI the opposing counsel is at , while undersigned counsel holds oIIice in
.


COUNSEL
ATTY. PHILIP RAY AMELING
- Counsel Ior the PlaintiII -
Kiangan, IIugao
PTR No. 013543
Issued on: April 02, 2011
Issued at: Kiangan, IIugao
IBP No. 597455
ROLL No. 35544




COPY FURNISHED:


OPPOSING COUNSEL
ATTY. RICKY N. DULAY
Notary Public Ior Baguio City
2
nd
Flr. Suite 16, De Leon Bldg.,
Session Rd., Baguio City
PTR No.: 129914
IBP No.: 64411
Issued on: 01/05/11
Until: Jan. 25, 2013
At Baguio City, Benguet