jREPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Makati City , Branch 66

HOME GUARANTY CORPORATION,

Represented by: Engr. Rafael De Los Santos
Vice-President of Asset Management Dept.,

Plaintiff,

- VERSUS - Civil Case No.113154

For: UNLAWFUL DETAINER
ERSAN CUSTOMS BROKERAGE
Represented by: Mary Grace P. Macatuhay,
Sps. Epifanio and Helen Sandoval, Fritz Marion
P. Sandoval,John and Jane Does, Their Successor
In-interest, Assigns And Persons Claiming
Rights and Interest Under their Names and/or Those
Acting on Their Behalf,
Defendants.

X----------------------------------------------------------------------------------------X

A-N-S-W-E-R
(In RE: Summons, Received on December 11,2015)

The DEFENDANT, Helen P. Sandoval, the representative of

ERSAN CUSTOMS BROKERAGE, respectfully states :

I. ANSWER

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

2. Paragraphs 3 and 4 are likewise admitted.

3. Paragraphs 5 to 8 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 bring only matters known only to Mrs.
Grace P. Macatuhay and Mr. Rafael P. De los Santos.

4. Paragraphs 9 to 11are denied for lack of knowledge and information

sufficient to form a belief as to the veracity or falsity of the alleged
Statement of Accounts stated in the letter made by HGC last April
30, 2012, a copy of the letter hereto attached as Annex “ HGC-1”.
 5. Paragraphs 12 to 20 are denied also for lack of knowledge and
information about the result the mere offer to solve the outstanding
balance of account of ERSAN to HGC . It imposes allegation s in the
complaint that Defendant has no basis or justification to occupy the
subject property the truth, being alleged in the affirmative defenses
part herein below.

II. AFFIRMATIVE DEFENSES

6. On February 1,2006, Sps. Epifanio and Helen Sandoval were not

informed of the intention of Mary Grace P. Macatuhay to enter to a
Contract of Lease with Home Guaranty Corp.(HGC), it was under the
management of Center Port Terminal, Inc. And during that time a certain
Habour Official offered the FREE USAGE of the subject property
knowing in the same footing that this is a PEZA government project and
caused Mr. Epifanio Sandoval to occupy in GOOD FAITH the said lot.
7. Defendants, Epifanio and Helen Sandoval were surprised when
they received demand letter to vacate the premises and to pay overbilling
statement last August 6,2012, without knowing that there was already a
renewal of the contract of lease on their part.

8. The Contract of Lease were signed only by Engr. Rafael De los

Santos and Ms. Mary Grace P. Macatuhay with unknown date , no
witnesses and not even notarized by notary public. A copy of Contract of
Lease hereto attached as “Annexed HGC-2”

9. Assuming without admitting that there was a renewal of the contract

of lease between HGC and ERSAN CUSTOM BROKERAGE , the latter
for the sake of business good relationship offered a commercial lot in SAN
NICOLAS RIVERFRONT DEVELOPMENT CORP.(SNRDC) to plaintiff,
Home Guaranty Corp.(HGC) to have an arrangement of SWAPPING of
commercial lot for the payment of said obligation to HGC.

10. Home Guaranty CORP.(HGC) issued letter last May 14,2015 to

Mr. Fritz Marion P. Sandoval requiring SNRDC to submit documents
necessary for proper evaluation on their part for the offer raised by Mrs.
Helen P. Sandoval. A copy of letter hereto attached as “Annexed HGC-3”

11. San Nicolas Riverfront Development Corp. (SNRDC) submitted the

required documents to HGC for their willingness to solve this occupancy in
the subject property but to no avail any reply from HGC and now filing
UNLAWFUL DETAINER against ERSAN CUSTOM BROKERAGE.
Received copy of submitted documents hereto attached as “Annexed
HGC-4”
 III. P-R-A-Y-E-R

WHEREFORE, premises considered it is respectfully prayed that

the parties be given ample time to reach an amicable settlement before
Makati City Mediation Center, and that in case of failure thereof, and after
trial, the complaint be dismissed for lack of merit.

The DEFENDANT respectfully prays for such other reliefs as

may be deemed just and equitable in the premises.

Makati City, December 18, 2015.

HELEN P. SANDOVAL
Defendant

VERIFICATION
AND
NON-FORUM SHOPPING CERTIFICATION

I, Helen P. Sandoval, of legal age , married, Filipino with postal

address at Brgy. Sinturisan, San Nicolas, Batangas, under oath depose :

I am the defendant in the foregoing case ;

That I caused the preparation of forgoing answer;

That I have read its contents and the same are true and correct of
my own direct, personal knowledge.

I hereby certify that I have not heretofore commenced any other

action or proceeding involving the same issue in Supreme Court, the Court
of Appeals ,or any tribunal or Agency, that to the best of my knowledge ,no
such action or proceeding is pending in Supreme Court, Court of Appeals, or
any court or tribunal or agency and that if I should hereafter learn that other
similar action or proceedings has been filed or is pending in any court or
tribunal or agency, I undertake to report the fact within five(5) days
therefrom to the court.

Makati City, December 18,2015

HELEN P. SANDOVAL
Affiant/ Defendant
 SUBSCRIBED AND SWORN to before me this 18 th day of
December ,2015 in Taal, Batangas , affiant showing her Passport No. EB
3698013, Batangas City and valid until September 20,2016.

Doc. No.____;
Page No.____;
Book No.____;
Series of 2015.

CC:

Atty. Kristopher A. Navales

HGC, The HGC Legal Group
Counsel for the Plaintiff
2nd Flr.Jade Building
335 Sen. Gil Puyat Ave.
Makati City