Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch S.S.
San Carlos City, Pangasinan

SPONGEBOB SQUAREPANTS
Plaintiff,

-vs- Civil Case No. 2364493

for: FORCIBLE ENTRY

SQUIDWARD TENTACLES
Defendants.
x ----------------------------------------- x

ANSWER

COMES NOW DEFENDANT SQUIDWARD TENTACLES, by

counsel and unto this Honorable Court, respectfully states and avers
that:

1. Defendant admits the allegations contained in paragraphs

1, 2, and 3 of the Complaint;

2. Insofar as paragraph 4 is concerned, the plaintiff has

been working in the City of Manila as a Business Process
Outsourcing Representative, and is residing therein. The house and
lot is not even occupied by his predecessors-in-interest. The
defendant happened to have been hired as a Public School Teacher
in San Carlos City, hence he has searched for a possible house to
rent. The plaintiff met with the defendant on the 2nd day of March
2017, Sunday, and accompanied the latter to the said property to
show the defendant the house which he wanted to rent out to the
defendant, to which the defendant agreed upon. The defendant at

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that time was looking for a house to rent and the plaintiff saw an
opportunity to earn money on his otherwise idle property;

3. Defendant and Plaintiff entered into a lease agreement

whereby the Plaintiff agreed to rent out her house for a period of one
(1) year starting in 01 April 2017. The amount paid by the Defendant
was PhP120,000.00 for the whole year and a security deposit
amounting to PhP20,000.00. A copy of the acknowledgement letter is
attached as Annex A

4. Defendant strongly denies the allegations contained in

paragraphs 5 and 6 of the Complaint. The Defendant was authorized
by the Plaintiff to make the necessary improvements in the property.
No Force, Intimidation, Strategy, Threat and Stealth were imposed
during the entry over the property;

5. The Defendant admits paragraph 7 of the Complaint

insofar as the receipt of the letters is concerned but not to the
contents thereof;

6. Insofar as paragraph 8 of the Complaint, the Defendant

was never arrogant during the conciliation proceedings. How can the
Defendant be arrogant when he was just new to the community?
Furthermore, the Defendant was willing to settle the case by asking
the Plaintiff to return the advance rental and security deposit to which
the Plaintiff refused;

7. Plaintiff was not in possession of the subject property

before the Defendant occupied the same. The Supreme Court held in
the following cases, to wit:

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 Accordingly, in forcible entry, the plaintiff must allege in the
complaint and prove that he was in prior physical possession of
the property in litigation until he was deprived thereof by the
defendant, but in unlawful detainer, the plaintiff need not have
prior physical possession of the property (Demamay vs. Court
of Appeals, 186 SCRA 608, 612 [1990]) or, elsewise stated,
prior physical possession is not an indispensable requirement
in an unlawful detainer case. (Pangilinan vs. Aguilar, 43 SCRA
136, 144 [1972])

8. Considering the Defendant having paid the rentals in

advance and the security deposit, Plaintiff has no right to evict the
former;

9. The Defendant has caused improvement in the property

and this made him spend SIXTY THOUSAND PESOS (P60,000.00)
for the carpentry expenses. Plaintiff should reimburse the cost of the
propertys improvement to the Defendant.

10. Defendant had experienced harassment causing

sleepless nights and peace of mind to the extent that the Defendants
work as a Public School Teacher had also suffered. In this regard, the
Plaintiff should be made liable to pay moral damages amounting to
PhP50,000.00;

11. In instituting this unwarranted and clearly unfounded suit

against the Defendant, Plaintiff had acted in a wanton, fraudulent,
reckless and malevolent manner and, by way of example or
correction for the public good, Plaintiff should be made liable to pay
Defendant exemplary damages in the total amount of ONE
HUNDRED THOUSAND PESOS (P100,000.00);

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 12. As a further consequence of the malicious and wrongful
filing of the present action, Defendant was constrained to hire the
services of counsel for a legal fee of FIFTY THOUSAND PESOS
(P50,000.00), plus FIVE THOUSAND PESOS (P5,000.00) per court
appearance, and to incur expenses of litigation for which plaintiff
should be made to pay.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant

respectfully prays to this Honorable Court to:

a) Compel the Plaintiff to honor the lease agreement;

b) In the alternative, to order the Plaintiff to return the

unused advance rental paid amounting to ONE
HUNDRED TWENTY THOUSAND PESOS
(P120,000.00) and the security deposit amounting to
TWENTY THOUSAND PESOS (PhP20,000.00);

c) Compel the Plaintiff to reimburse the cost of the

propertys improvement amounting to SIXTY THOUSAND
PESOS (P60,000.00)

d) AWARD moral damages in the amount of FIFTY

THOUSAND PESOS (PhP 50,000.00);

e) AWARD exemplary damages in the amount of ONE

HUNDRED THOUSAND PESOS (PhP 100,000.00);

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 f) AWARD Attorneys fee in the amount of FIFTY
THOUSAND PESOS (PhP 50,000.00); and

g) Cost of suit.

Defendant prays for such other reliefs, just and equitable under
the circumstances.

San Carlos City, Pangasinan, 2420, Philippines. August 2,

2017.

ATTY. EDNA S. ROSARIO

Counsel for the Defendant
San Carlos City, Pangasinan
Tel No. (075) 531-39-66
Email: ednarosario@yahoo.com
Roll No. 456789 02-7-2014
PTR No. 123456; 01-08-2013; San Carlos City
IBP No. 123456; 01-08-2013; Dagupan City
MCLE Compliance No. IV-123456; February 8, 2015

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Republic of the Philippines )
___________________) s.s.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, SQUIDWARD TENTACLES, of legal age, Filipino, and with

postal address at Brgy. Tonton, Lingayen, Pangasinan, after having
been duly sworn in accordance with law, hereby depose and state
that:

1. I am the Plaintiff in the above-mentioned case;

2. I have caused the preparation and filing of the foregoing

Complaint;

3. I have read the contents of the foregoing Complaint; the

facts stated therein are true and correct to the best of my
own personal knowledge and based on authentic records;

4. I have not commenced any other action or proceeding

involving the same issues in the Supreme Court, Court of
Appeals, or different divisions thereof, or any other tribunal
or agency, and that to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court,
Court of Appeals, or different divisions thereof, or in any
other tribunal or agency;

5. If I should thereafter learn that the same or similar action or

proceeding has been filed or is pending before the Supreme
Court, Court of Appeals, or different divisions thereof, or in

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 any other tribunal or agency, I undertake to promptly report
such fact within five (5) days to this Honorable Court;

6. This Verification/Certification of Non-Forum Shopping is

being filed in good faith.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 4th day of August 2017 at the City of San Carlos.

SQUIDWARD TENTACLES
Affiant

SUBSCRIBED AND SWORN TO before me this 4th day of

August 2017 at the City of Pasig; affiant with a competent evidence of
identity and exhibiting to me his Drivers License No. 456789, issued
on January 1, 2016 by the Land Transportation Office Dagupan City,
bearing his photograph and signature.

ATTY. ROLANDO S. DIAZ

Notary Public

Doc. No. 1;
Page No. 8;
Book No. 1;
Series of 2017.

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 Annex A
(Acknowledgment of Receipt of Payment)

April 1, 2017

This is to acknowledge the receipt of the payment of Spongebob Squarepants

amounting to PhP120,000.00 for the whole year of the house rental and a
security deposit amounting to PhP20,000.00.

Squidward Tentacles

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