REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

9
TH
Judicial Region
Branch 1
SPS. GIOVANNI GUEVARA CIVIL CASE No. 12345
AND AREANNE GUEVARA
Plaintiffs,

-versus- ----- FOR-------
GRACE ANGELIE ASIO, UNLAWFUL DETAINER

Defendant,
x-----------------------------------x
ANSWER
COMES NOW Defendant, through his undersigned counsel and to this
Honorable Court, most respectfully alleges that:
1. She admits the allegations in paragraphs 1 and 2 of the Complaint.
2. She specifically refutes the claims of the plaintiff in paragraph 3 thereof, the
truth being that her aunt Riza Espinosa Sotto is the rightful owner of the 305
square meters parcel of land, being a portion of the subject property with a
total area of ONE THOUSAND EIGHT HUNDRED THIRTY ONE (1,831)
square meters, to which the defendant was allowed to occupy by mere
tolerance. Such affidavit to allow the defendant to possess the property is
hereto attached as Annex 1 .
3. Herein defendant specifically denies the allegations in paragraphs 4,5 and 6
of being false and preposterous lie, the truth being that the defendant has not
signed any legal document such as a Deed of Undertaking to vacate the
premises occupied by them considering that said property was owned by her
Aunt Riza Espinosa Sotto.
4. Herein Defendant admits that she received the subject notices but denies the
truth or veracity of the allegations therein as well as those in paragraph 7, the
truth being that stated in his Special and/or Affirmative Defenses.
5. She specifically denies the allegations in paragraphs 8, 9 and 10 of the
Complaint for lack of sufficient knowledge to form a belief as to the truth ofr
falsity thereof. Besides, Plaintiffs are the ones to be blamed for having filed
his baseless and unfounded complaint.
AND BY WAY OF
SPECIAL AND/OR AFFIRMATIVE DEFENSES
6. Defendant hereby reproduces, reiterates, restates, and incorporates by
reference all the material allegation in the foregoing paragraphs and alleges
further that:
7. On September 12, 1984, defendants aunt, Riza Espinosa Sotto, the sister of
her father Gabby Espinosa, allowed the defendant, being her niece, to occupy
her property containing an area of 305 square meters, a portion of the subject
property representing her share of their parents (defendants grandparents)
estate as shown in the approved subdivision plan and extrajudicial settlement
of estate herein attached as annex 2 and annex 3, respectively.
8. On December 4, 1986, while Riza Espinosa Sotto was in the U.S.,
defendants parents were forced to sign a new extrajudicial settlement by the
plaintiff spouses to exclude her aunt and sell the property to plaintiff-
spouses . Said new extrajudicial settlement is hereto attached as annex4.
9. It is submitted that in an action for forcible entry and unlawful detainer, the
only issue is possession in fact, or physical possession in fact, or physical
possession of real property, independently of any claim of ownership that
either party may put forth in his pleading.
10. The filing of the instant case was one without cause of action, thus must
compensate the defendant by actual damages not less than P100,000 to
compensate for the reduction in earnings due to absence from work,
transportation expenses and any other costs related thereto
11. In order for Defendant to properly defend himself from this malicious suit from
the Plaintiffs, he hired the services of the undersigned counsel in the sum of
P20,000 acceptance fee, P2,000.00 deposit for legal expenses, plus 1,500
per appearance in court and cost of suit.
PRAYER.
WHEREFORE, it is most respectfully prayed of this Honorable Court that,
after due notice and hearing, Judgment be rendered:
1. Dismissing the above-entitled complaint for lack of merit;
2. Ordering Plaintiffs to pay Defendants the following:
a. P100,00 by way of actual damages;
b. P 20,000 Acceptance Fee, P2,000 deposit for legal expenses, and
P1,500 per Appearance in Court and costs of suit.
Other reliefs just and equitable under the premises are likewise prayed for.
ATTY. CHARLES A. TILOS
Counsel for the Defendant
The Firm Law Office
Canelar, Zambaonga City
PTR No. 0204754 1/5/12
IPB No. 000007 12/5/12
MCLE NO. II-006666-11/5/12
At Zamboanga City
Roll of Attorney No. 98765

VERIFICATION/CERTIFICATION
Republic of the Philippines )
City of Manila ) S. S.
I, GRACE E. ASIO, of legal age, Filipino citizen, maired and resident of 345
Villa Rio Drive, Pasonanca, after having duly sworn to in accordance with law, do
hereby depose and say:
1. That I am the defendant in the above-entitled case;
2. That I have read and caused the preparation of the foregoing Answer and
have read the allegations contained therein;
3. That all allegations in said Answer are true and correct of my own knowledge
and based on authentic records;
4. That 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 thereafter learn 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. That 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 th day of
December 20, 2013 in the City of Zamboanga.
GRACE E. ASIO
Affiant
SUBSCRIBED AND SWORN TO before me this 20th day of December 2013,
in the City of Zamboangaa, affiant exhibiting to me his GSIS I.D. No. 12345 in the
City of Zamboangaa.
ATTY. CHARLES A. TILOS
Counsel for the Defendant
The Firm Law Office
Canelar, Zambaonga City
PTR No. 0204754 1/5/12
IPB No. 000007 12/5/12
MCLE NO. II-006666-11/5/12
At Zamboanga City
Roll of Attorney No. 98765
Copy ffurnished:
ATTY. Harjade Dammang
647-A Mayor Jaldon St.,
Canelar, Zamboanga City