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REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT IN CITIES SIXTH JUDICIAL REGION BRANCH 1 ILOILO CITY PERCY B. SHELLEY, Plaintiff, CIVIL CASE NO. 4321 -versusFOR: EJECTMENT EDGAR A. POE, Defendant. x - - - - - - - - - - -- - - - - - --- - -- x
ANSWER
COMES NOW the defendant, through counsel, and to this Honorable Court, most respectfully states: 1. That the defendant admits the allegations contained in paragraph 1 and 2 of the complaint; 2. That the defendant also admits the allegation contained in paragraph 3 of the complaint; 3. That on December 15, 2012, the defendant tendered payment of Php 300,000.00 to the house of the plaintiff representing his rental from the month of August 2011 up to the month of December, 2012, but the latter did not accept because the payment did not include the interest thereon. 4. Article 1253 of the Civil Code provides that “If the debt produces interest, payment of the principal shall not be deemed to have been made until the interest has been covered”. That the defendant did not pay anymore since he cannot pay the interest the amount of which cannot be ascertained. 5. That the defendant and the plaintiff could not agree as to the specific amount of interest to be paid for back rentals since the contract did not state the exact interest for non-payment;
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6. That the defendant is willing to pay the rentals plus interest only if the rate of interest for none payment has been agreed upon. WHEREFORE, it is prayed that the complaint be dismissed and it is similarly prayed that this Honorable Court be the one to fix the rate of the interest for non-payment of rentals, according to what is just and proper. Defendant further prays for such other reliefs and remedies as are just and equitable under the premises. Iloilo City, Philippines, February 27, 2013.
Counsel for the Plaintiff
Copy Furnished:
Atty. ATTY. PAU M. GASOL Counsel for the Plaintiff Rm. 212, Iloilo Casa Plaza, Gen. Luna Street, Iloilo City
Received by: __________________ Date: ________________________
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, Edgar A. Poe, of legal age, after having been duly sworn to in accordance with law, depose and state that: 1. I am the defendant in the above-stated case; 2. I caused the preparation of the foregoing answer; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession.
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4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other agency or tribunal, I undertake to report the fact within five (5) days therefrom to this Honorable Court. EDGAR A. POE Affiant
SUBSRIBED AND SWORN to before me this 27th day of February, 2013 in Iloilo City, affiant exhibiting to me her Driver’s License no. 98765 issued on July 24, 2012 at Iloilo City with expiry on July 24, 2014. WITNESS MY HAND AND NOTARIAL SEAL on the day, year and place first above-written.
Notary Public Doc. No. ___ Page No. ___ Book No. ___ Series of 2013
