Laurence John Sortigisa: For: Accion Reinvidicatoria

Republic of the Philippines
REGIONAL TRIAL COURT

Sixth Judicial Region
Iloilo City
Branch 23
LAURENCE JOHN SORTIGISA

Plaintiff,
-versus- Civil Case No. 12-3456

For: accion
reinvidicatoria
SPS RENZO AND PATRICE BALBERONA

Defendants.
x----------------------------------------------x
ANSWER WITH COUNTERCLAIM
Defendants, through the undersigned counsel, most respectfully file their

Answer in response to the Complaint of the Plaintiffs and interpose as well as their
counterclaim against the latter, to wit:
Admissions and Denials
1. Paragraphs 1,2, 3,4,5,7 are admitted
2. Paragraphs 8,9,10,13,14 and 15 are denied for lack of sufficient knowledge

to form a belief as to the truth of the material averment being alleged, and on the
basis of the affirmative allegations below.
3. Paragraph 6 is admitted in so far to the duration of the contract which is
January 1, 2015 until December 31, 2025. However, the rest of the averment are
denied subject to specific allegations and affirmative defenses set forth.
4. Paragraph 11 is denied subject to specific allegations and affirmative

defenses.
5. Paragraph 12 is admitted but only with regard to the fact that Petitioner went
to the commercial establishment as mentioned by Respondents guard who did not
know they personally that time in pursuant to the implementing rules and
regulations of the Defendants establishment which the Respondents guard is duty
bound to follow attached herewith as Exhibit 1.
Specific Allegations
6. The foregoing allegations are reproduced and repleaded herein by reference.
7. Defendant Patrice and Plaintiff Laurence John Sortigosa were childhood

friends, grew on the same neighborhood and were in fact classmates since
pre-school to high school. Plaintiff Sotigosa was the one who introduced
Defendant Renzo Balberona to his bestfriend since pre-school Defendant Patrice.
From that time on, the three of them became very close to one another. Ten years
later Defendants wanted to enter into the food business because they were both
into the culinary field, fortunately for them Plaintiff was about to leave for the
United States for his Masters Degree in Humanities, offered his property for lease
to own to his two best friends Defendants Patrice and Renzo.
8. On January 1, 2015 one week Plaintiff left for United States, the parties
reduced their oral agreement into writing, executed and signed the contract
attached herewith as Exhibit 2. On the same day the Defendants issued payment
to the Plaintiff in the amount of Eight Hundred Thousand (800,000) pesos to the
Plaintiff. Two Hundred Thousand (200,000) as security deposit and the remaining
Six Hundred Thousand (600,000) as advance rentals for January, February, March,
April,May and June of 2015 attached herewith as Exhibit 3.
9. On the following day Plaintiff then delivered to the Defendants Renzo and
Patrice the OCT of the subject property attached herewith as Exhibit 4.
10. Thereafter, Defendant have religiously practice their payment of their
rentals twice a year or every at the end of the 6 months of the year.
11. On January 2019 Plaintiff went home to the Philippines, a week after
discovering of the sudden marriage of his two best friends.
12. On the last week of January Defendants were informed by their new guard
that this particular person whom he treated as stranger went to the establishment
forceably looking for them. The guard honestly told the Plaintiff that the
Defendants were not at the ‘Karan-an’s’ premises, and in return asked the Plaintifs
name.
13. The Defendant Patrice is undergoing a high risk pregnancy which may
give complications to both the mother and the baby if ever faced with stress
received personally the complaint on May 7, 2019. The Defendant Patrice was so
shocked, stressed, anxious and hurt physically and emotionally since there was no
demand letters from the Plaintiff for unpaid payment of rentals.
14. The Defendants tried to reach immediately Plaintiff to clarify things and to
render payment unfortunately they did not get any response and Plaintiff was
always unavailable every time the Defendant visited the residence of Plaintiff at
Brgy. Out Lady of Lourdes, Jaro, Iloilo City.
Affirmative Defenses
15. Plaintiff has no cause of action to begin . Defendant did not breach the
contract, the allegations were found to be untrue and unsubstantiated and
unsupported with evidence. The allegation of the Plaintiff were merely conclusion
of facts which is not supported with any evidence.
16. Defendants have religiously practice their payment of their rentals twice a
year or every at the end of the 6 months of the year. Even assuming but without
conceding that there was delay on the part of the Defendants, no demand letter
were received by Defendants. Defendants exhausted all the remedies available to
them by reaching to the Plaintiff.
17. With respect to TCT claimed by the Plaintiff there is no proof of such
existence. In fact, the Defendants is still in possession of OCT attached herewith
as Exhibit 5. This only shows that the Plaintiff was motivated by his
disappointments and hopelessness for the love he lost to his own best friend.
Compulsory Counterclaim
18. The filing of this Complaint, despite the baselesness of the claims alleged
therein, has caused serious anxiety, mental anguish, and sleepless nights to the
defendants especially to Defendant Patrice who is suffering fro high risk
pregnancy which could give complications to both the mother and the baby if ever
faced with stress received personally the complaint on May 7, 2019 for which the
latter should be awarded moral damages of not less than One Million Pesos
(1,000,000).
19. To protect their interest, the Defendants were constrained to engage the
services of counsels for a fee and will incur litigation expenses in an amount
which will not be less than Five Hundred Thousand Pesos (500,000).
RELIEF

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Republic of the Philippines

REGIONAL TRIAL COURT

LAURENCE JOHN SORTIGISA

-versus- Civil Case No. 12-3456

SPS RENZO AND PATRICE BALBERONA

ANSWER WITH COUNTERCLAIM

Defendants, through the undersigned counsel, most respectfully file their

Admissions and Denials

1. Paragraphs 1,2, 3,4,5,7 are admitted

2. Paragraphs 8,9,10,13,14 and 15 are denied for lack of sufficient knowledge

4. Paragraph 11 is denied subject to specific allegations and affirmative

6. The foregoing allegations are reproduced and repleaded herein by reference.

7. Defendant Patrice and Plaintiff Laurence John Sortigosa were childhood

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