Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch 9
Zamboanga City

REPUBLIC OF THE PHILIPPINES, represented by the

Department of Public Works and Highways (DPWH),
Plaintiff,

-versus-

Civil Case No. 1234567

For: Expropriation (Road Widening Project) Christian Dale
C. Quidilla,
Defendant.

x-------------------------------------------------------------------------------x

ANSWER

DEFENDANT, by counsel, unto the Honorable Court,

respectfully alleges:

ADMISSIONS AND DENIALS

1. Defendant ADMITS the allegations in paragraph 1 of the

Petition;
2. Defendant ADMITS the allegations in paragraph 2 of the
Petition;
3. Defendant ADMITS the allegations in paragraph 3 of the
Petition;
4. Defendant ADMITS the allegations in paragraph 4 of the
Petition;
5. Defendant ADMITS the allegations in paragraph 5 of the
Petition;
6. Defendant ADMITS the allegations in paragraph 6 of the
Petition;
7. Defendant ADMITS the allegations in paragraph 7 of the
Petition;
8. Defendant ADMITS the allegations in paragraph 8 of the
Petition;
9. Defendant ADMITS the allegations in paragraph 9 of the
Petition;
10. Defendant ADMITS the allegations in paragraph 10 of
the Petition only in so far as the determination of just
compensation for expropriation is a judicial function.
However, Defendant cannot agree that the just
compensation is equivalent to one hundred percent
(100%) zonal value.
11. Defendant DENIES the allegations in paragraph 11 of
the petition for want of sufficient knowledge to form a
belief as to the truth or falsity thereof.

AFFIRMATIVE DEFENSES

12. That the amount of Php 62,500.00 is merely the zonal

valuation of the lots and therefore cannot be made as the
basis for the fair market value of the land. The
establishments and neighbourhood surrounding the
property and the improvements thereof must be taken
into consideration. The parcel of land in question is in
front of SM Mall of Zamboanga, hence, it would increase
the value of the property to Php 500,000.00.
 Unfortunately, the zonal value does not reflect the
aforementioned surrounding circumstances.

13. That the subject parcel of land is a commercial

premises with lessee. Consequently, the expropriation of
the premises would impair the rights of the leaseholders
in gross violation of the constitutional proscriptions
against impairment of the obligation of contracts.

RELIEF
WHEREFORE, premises seriously considred, it is prayed
that the instant complaint be dismissed and the Plaintiff be
ordered to pay the defendant for equitable and just relief
under these premises.

Zamboanga City, Philippines, January 25, 2020.

(Sgd.)
ATTY. STEPHANY A. POLINAR, CPA
Counsel of the Defendant
El Paso, Canelar Moret, Zamboanga City
PTR No. 012109; 03/02/2020
Roll No.4567; 09/04/2015
MCLE No. I-8888; 10/03/2015
MCLE No. II-12345; 03/12/2018
Copy furnished:
THE CLERK OF COURT
Regional Trial Court
Branch 19
Zamboanga City
ATTY. AVERIE CAMILLE C. CHIONG
Solicitor General
134 Amorsolo Street, Legaspi Village
Makati City

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, CHRISTIAN DALE C. QUIDILLA, of legal age, after having

been duly sworn in accordance with law, depose and state that:

1. I am a respondent 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;
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 a similar action or
proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or agency, I
undertake to report that fact within five (5) days therefrom to this
Honorable Court.

CHRISTIAN DALE C. QUIDILLA

 Affiant

SUBSCRIBED AND SWORN to before me this January 25,

2020 at Zamboanga City, Philippines. Affiant exhibited to me his
valid identification card and the same is hereto attached.

Doc. No. 24;

Page No. 34;
Book No. IV;
Series of 2020.