1) Jed Palomar files an Answer with Motion to Dismiss in response to a complaint filed by Arnel De Arce for unlawful detainer.
2) Palomar admits some facts of the complaint but denies others and presents several affirmative defenses.
3) Palomar claims he was regularly paying amortization until De Arce's wife refused payment, and that there are no grounds for ejectment or unlawful detainer. He asks that the complaint be dismissed for lack of merit or jurisdiction.
1) Jed Palomar files an Answer with Motion to Dismiss in response to a complaint filed by Arnel De Arce for unlawful detainer.
2) Palomar admits some facts of the complaint but denies others and presents several affirmative defenses.
3) Palomar claims he was regularly paying amortization until De Arce's wife refused payment, and that there are no grounds for ejectment or unlawful detainer. He asks that the complaint be dismissed for lack of merit or jurisdiction.
1) Jed Palomar files an Answer with Motion to Dismiss in response to a complaint filed by Arnel De Arce for unlawful detainer.
2) Palomar admits some facts of the complaint but denies others and presents several affirmative defenses.
3) Palomar claims he was regularly paying amortization until De Arce's wife refused payment, and that there are no grounds for ejectment or unlawful detainer. He asks that the complaint be dismissed for lack of merit or jurisdiction.
1) Jed Palomar files an Answer with Motion to Dismiss in response to a complaint filed by Arnel De Arce for unlawful detainer.
2) Palomar admits some facts of the complaint but denies others and presents several affirmative defenses.
3) Palomar claims he was regularly paying amortization until De Arce's wife refused payment, and that there are no grounds for ejectment or unlawful detainer. He asks that the complaint be dismissed for lack of merit or jurisdiction.
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Republic of the Philippines
Province of Sarangani Municipal Trial Court Municipality of Alabel
ARNEL DE ARCE Civil Case No. 345
Complainant, versus for
JED PALOMAR UNLAWFUL DETAINER
Respondent.
ANSWER WITH MOTION TO DISMISS
COMES NOW, Defendant JED PALOMAR, to this Honorable
Court, thru counsel hereby submits his answer as follows:
1) That the Defendant admits paragraph 1 affecting the
personal circumstances of the plaintiff and of the defendants in this complaint, except that portion about the address of the answering defendant. At present, answering defendant is residing at Alunan Ave, Poblacion, Norala South Cotabato where he may be served with notices and other processes from the honorable court.
2) That the defendant admits his agreement with the
complainant as cited in paragraph 4, subjecting the 200 sq. meters portion of the parcel of land mentioned in paragraph 3;
3) That the defendant vehemently denies the paragraph 5 for
lack of knowledge or information sufficient to form belied as tot veracity or falsity of the allegations; SPECIAL AFFIRMATIVE DEFENSE
4) That the defendant and the complainant executed a
Memorandum of Agreement on April 1, 2005 for the amortization of the two hundred (200) square meter portion of the one (1) hectare parcel of land situated in Barangay Conel, General Santos City;
5) That the complainant was never negligent to his obligation,
in fact he was paying the monthly amortization of two thousand pesos (P2,000.00) to his wife MARIA DE ARCE, every 15th of the month ;
6) That however, lately without any reason given, his wife
refused to accept the said payment and requested the respondent to wait for the complainant to come and collect the payment;
7) That the respondent waited for the complainant to come,
and presumed that complainant desired to collect bigger amount by accumulating the unpaid monthly amortization;
8) That the respondent was surprised in receiving the said
complaint since there were no verbal demands nor any demand letter received from the complainant, in fact there was no demand letter attached to the complaint;
9) That the respondent was religiously paying the monthly
amortization and was only hampered when the complainant’s wife refused to receive the payment;
10) That it is unjustified on the part of the respondent to be
forcibly ejected from the subject area since he had already shouldered all the expenses in the processing of transfer and subdividing the property;
11) That further, it was not stipulated that the respondent will be ejected from the subject property for not paying the amortization for three (3) months;
12) That moreover, the element of unlawful detainer is not
present in this present case, thus is it lack of merit or lack of cause of action.
13) Finally, the Municipal Trial Court of Alabel has no
jurisdiction or authority to hear the case, since the subject property in this case is located in Brgy. Conel, General Santos City, hence it is dismissible;
PRAYER
WHEREFORE, in view of all the foregoing considerations, it is
most respectfully prayed that the judgment be rendered in favor of the respondent, in the manner herein below provided, to wit:
1. Dismissing the complaint for lack of merit and/or lack of
cause of action;
2. Dismissing the complaint for lack of jurisdiction or authority
to hear.
3. Ordering the complainant to pay the defendants the sum
of P 100, 000.00 as and for moral damages and P20, 000.00 as attorney's fees plus the amount of one thousand pesos (Php2, 000. 00) for every appearance in court as appearance fees.
Other remedies/reliefs just and equitable under the
premises are likewise prayed for.
General Santos City, Philippines. November 30, 2008.
MENCHU G. MABAN Counsel for Defendant Roll No. 1568-17 Lifetime IBP No. 20172018, March 20, 2015 Local IBP No. 893983, Jan 03, 2017
REPUBLIC OF THE PHILIPPINES)
CITY OF GENERAL SANTOS ) S.S.
VERIFICATION AND CERTIFICATION
I, JED PALOMAR, Filipino, of legal age, married and a resident of
resident of Norala, South Cotabato, after having been duly sworn to in accordance with law depose and say:
1. That I am the RESPONDENT in the above-entitled case;
2. That I caused the preparation of this ANSWER WITH
MOTION TO DISMISS;
3. That I have read all the allegations in this answer and the same are true and correct to the best of my own personal knowledge and authentic records;
4. That I certify that I have not commenced nor is there
pending with any other tribunal; that should I learn later about such action pending with any other tribunal, I undertake to inform this Honorable Court within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hands this
_____________ in General Santos City, Philippines.
JED PALOMAR Affiant
SUBSCRIBED AND SWORN TO before me this ____________ at
General Santos City, affiant exhibited his ____________.
