Republic of the Pilippines

Municipal Trial Court

Branch 22
Baguio City

BEA LARUSSO, Plaintiff

-versus-

ANN MALIK, Defendant

Civil Case No. 2222

Ejectment

I. ANSWER

COMES NOW, Defendant, through the undersigned counsel and unto this Honorable Court,
most respectfully avers:

1. That she ADMITS the contents of Paragraph 1, only insofar as her personal
circumstances are concerned. (Exhibit A: Contract of the Lease, Exhibit A-1: Proof of
Receipts)
2. Ann Malik went to New York for vacation from December 1, 2016 to February 10,
2017 (Exhibit B: Passport, Exhibit C: Boarding Pass)
3. That she ADMITS to receiving the demand letter from Plaintiff and the oral
reiterations that she made. Receipts of such demand letter was on February 12,
2017, upon Defendant’s return from her three-month vacation (Exhibit D: Demand
Letter)

II. AFFIRMATIVE DEFENSES

4. That Defendant authorized her cousin Ms. Sukarpa Buba, of legal age and single, to
collect the monthly rent from the tenants every end of the month while Defendant is
on her three-month vacation in New York, but was not able to do so because the
Plaintiff had collected ahead the tenants’ due, of every tenth of the three-month
period (Exhibit E: Special Power of Attorney)
5. That without Defendant’s knowledge and consent, Plaintiff collected rent from
tenants, disregarding their Contract for Sub-lease (Exhibit F: Proof of Receipts,
Exhibit F-1: Sub-lease Contract)
6. That Plaintiff, to make tenants pay their rent to her, threatened that she will eject
them from “her” property if they did otherwise (Exhibit F: Proof of Receipts, Exhibit F-
2: Tenants Sworn Statements)
7. That after making the rental collections in the amount of Php 675,000.00 from the
tenants from the month of December 2016 to February 2017, Plaintiff insists on
collecting Defendant’s rent as usual, from December 2016 to April 2016 in the
amount of Php 550,000.00
8. That Plaintiff has an outstanding debt of Php 1,000,000.00 from Bryle Mendoza, and
the latter is demanding for the former to pay her debt, secured by a Real Estate
Mortgage as shown in the evidence attached, as soon as possible which gives rise to
Defendant’s speculation that she is being made to pay the amount being demanded
by the Plaintiff so that she could pay the mentioned debt (Exhibit G: Mortgage with
Promissory Note)
 III. COUNTERCLAIMS

9. By reason of the abuse of right committed by the Plaintiff and by reason of the
instant precipitate and unfounded suit, Defendant was constrained to hire the
services of a lawyer to defend her rights and interest for a professional fee of Php
20,000.00
10. Defendant prays that the Plaintiff refunds the excess from the amount that she
collected from the tenants in the amount of Php 125,000.00
11. Similarly, Plaintiff’s unfounded suit has caused the defendant mental anguish and
suffering and public humiliation and embarrassment, for which the defendant claims
moral damages of Php 100,000.00

WHEREFORE, premises considered, it is respectfully prayed the complaint be

dismissed for lack of merit and Defendant’s compulsory counterclaim be granted, attorney’s
fees of Php 20,000.00 plus moral damages of Php 100,000.00, plus excess rental collections,
and costs of suit.

Defendant respectfully prays for such and other reliefs as may be deemed just equitable in
the premises.

Barangay Charot, Baguio City, April 2017

 EXHIBIT A

TENANCY AGREEMENT

THIS AGREEMENT IS MADE ON THIS DAY 10TH FEB 2016 BETWEEN

MR. BAE LARUSSO (LANDOWNER)
AND
ANN MALIK (TENANT)

WHEREAS:
1. The tenant has agreed to take on rent the apartment complex building and lot located at
KM 4, Asin Road, Baguio City, Philippines.

2. RENTAL BASIS
 Monthly rent shall be the sum of php110, 000 per month.
 The first rent is payable within the first ten days of every month.
 The amount of monthly rent stated in this agreement will remain fixed for the full
length of term of this agreement.
 Security deposit of Php 220,000 shall be made by the tenant and one month
advance.

3. Termination of Tenancy
 With the agreement of both the Tenant and the landlord the tenancy contract may
be brought to an end.

Dionisia Dy
Notary Republic
Valid until December 31, 2017
IBP No. 08456, January 30, 2016
PTR No. 093451, January 30, 2016
Roll No. 52645, January 30, 2016
EXHIBIT A-1
9 Hard Copies of House Rent Receipts (Payment from February to November)

EXHIBIT B
A photocopy of the Passport of the Defendant with Stamp

EXHIBIT C
2 photocopies of Philippine Airlines Boarding Pass (from Manila to New York and from New
York to Manila) and a copy of the Passenger Service Charge

EXHIBIT F
27 Hard Copies of House Rent Receipts of other tenants (Payment from December 2016 to
February 2017)

EXHIBIT D
 DEMAND LETTER AND NOTICE OF EVICTION

Km. 4 Asin Road,

Baguio City, Benguet
February 12, 2017

Dear Mrs. Ann Malik,

You are hereby given an eviction notice to vacate the premises in your possession located at
Km. 4 Asin, Baguio city, Philippines with a Certificate Title No. 2871 and to also pay your
outstanding rent long due.

The reason for this eviction notice is:

1. Your failure to pay your rent due in arrears and a breach of Tenancy agreement. Please
be informed that your failure to do so will lead to a filling of legal complaints.

Yours sincerely,
Bea Larusso

EXHIBIT E
 SPECIAL POWERS OF ATTORNEY

I Ann Malik, hereby name, appoint and constitute my cousin Sukarpa Buba to act on my behalf
and in my name, to execute and perform all or any of the following acts, deeds, matters and
things, in connection with the collection of rents from our renters and in managing the apartment
complex.

HEREBY GIVING AND GRANTING unto her full powers and authority to do and perform all and
every act requisite or necessary to carry into effect the foregoing powers, as fully to all intents
and purposes as I might or could lawfully do if personally present, with full power of substitution
and revocation, and hereby ratifying and confirming all that my said attorney or his substitute
shall lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hand this November 30, 2016, in Baguio City.

Conforme:

___________________
Signature of Appointee

Signed in the presence of:

________________ _____________________
Kris Susuki Janine Guimaros

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

BAGUIO CITY

BEFORE ME, a Notary Public for and in the city of Baguio, Philippines, personally
appeared the parties:

Name Place Date

Known to me and to me known to be the same person/s who executed the foregoing
General Power of Attorney consisting of 1 page including the page on which this
acknowledgement is written, and who acknowledged to me that the same is their free and
voluntary act and deed.

IN WITNESS WHEREOF, I have placed my hand and seal on the date and at the place
first above-written.

Doc. No. 407

Page No. 084
Book No. VI;
Series of 2016
Dionisia Dy
Notary Republic
Valid until December 31, 2017
IBP No. 08456, January 30, 2016
PTR No. 093451, January 30, 2016
Roll No. 52645, January 30, 2016

EXHIBIT F-1
 SUBLEASE AGREEMENT

This sublease is dated this 12th day of February 2016,

BETWEEN

BEA LARUSSO
(Sub-landlord)

AND

ANN MALIK (Sub-tenant)

BACKGROUND

A. This is an Agreement of Sublease to sublet real property according to the terms

specified below.
B. The master lease is dated 10th of February 2016 and is between Bea Larusso (Sub-
landlord) and Ann Malik (Sub-tenant) with respect to the following lands and any
improvement on those land premises at Km. 4 Asin Road, Baguio City. The subtenant is
willing to undertake certain obligations of the master lease.

IN CONSIDERATION OF the sub-landlord subletting and the subtenant renting the

subleased premises, both parties agree to keep, perform and fulfil the promises, conditions
and agreements below:

Subleased premises

1. The sub-landlord leases to the sub-tenant all of the premises ( the Subleased premises)

Term

2. The term of this Sublease commences at twelve noon on 12 February 2016

3. The provisions of this Sublease are subject to the terms and restrictions of the Master
Lease
4. The landlord have agreed that the receiving of the agreed rental on their original contract
would only be collected by the tenant directly and any collection or payment made to the
landlord would cover the rent of the succeeding months.

Dionisia Dy
Notary Republic
Valid until December 31, 2017
IBP No. 08456, January 30, 2016
PTR No. 093451, January 30, 2016
Roll No. 52645, January 30, 2016
EXHIBIT G
 REAL ESTATE MORTGAGE (Land and Commercial)
with PROMISSORY NOTE

KNOW ALL MEN BY THESE PRESENTS:

This Real Estate Mortgage (Land & Commercial) with Promissory Note made and
entered in the City of Baguio, Philippines, by and between:

BEA LARUSSO of legal age, marries, a Filipino citizen and with residence at Km. 4,
Asin Road, Baguio City, Philippines, hereinafter referred to as the MORTGAGOR, - and –
BRYLE MENDOZA of legald age, single, Filipino citizen, and with residence and postal
address at Purok 3 Km. 4 Asin Road, Baguio City, Philippines hereinafter referred to as the
MORTGAGEE;

WITNESSETH

That the MORTGAGOR is the present possessor of that PARCEL OF LAND located at
290M. Fr. Asin Road, Baguio City, containing an area of FIVE HUNDRED SQAURE METERS
covered by Certificate Real Property (LAND) bearing a Title No. 2871 and the absolute owner of
a TWO-STOREY BUILDING constructed on the same lot;

NOW THEREFORE, for an in consideration of the above premises, and more

specifically as security for the payment of the obligation in the sum of ONE MILLION PESOS
(Php 1, 000, 000.00) Philippine currency, which the MORTGAGOR received from the
MORTGAGEE by way of loan, promising to pay the same within a period of THREE (3) YEARS
from the date of this document, on or before November 5, 2016 and renewable upon termination
of this contract the said MORTGAGOR does hereby MORTGAGE in favor of the
MORTGAGEE, her heirs and assigns, the afore-described parcel of land and commercial and
the interest and participation thereon; and is paid under the following conditions to wit:

PROMISORRY NOTE
Date: 05 November 2013

I, BEA LARUSSO of legal age, married, a Filipino citizen and with residence at Km 4,
Asin Road, Baguio City, Philippines, indebted to Bryle Mendoza hereby promised to pay in full
on or before 05 November 2016 in the amount of ONE MILLION PESOS (Php 1, 000, 000.00)
Philippine currencies.

Bea Larusso
Promissor/Mortgagor

The MORTGAGOR hereby irrevocably appoints the MORTGAGEE as his attorney-in-

fact, with power of substitution and with full authority, after any of the conditions of the
promissory note, this mortgage, or any separate instruments under which credits have been
made and may hereafter be released to the MORTGAGOR, may have been broken, to enter the
premises herein mortgages and take actual possession of the properties subject of this
mortgage, without any order from any court or any other power or permission than that herein
granted; to sell, assign, transfer and deliver that whole of the properties mortgaged or any other
part thereof any substitute therefore, all the options of the MORTGAGEE, without any need of
further notice which are hereby expressly waived, at public or private sale to the MORTGAGEE
or to any person or company, and no formal requisite is necessary for the transfer and
assignment of all rights, title, and interest of the MORTGAGOR in the mortgaged properties.

It is the essence of this contract that if the MORTGAGOR fails to pay that principal
obligation on its due date then this mortgage shall be foreclosed and the above-described
property shall be sold in accordance with law; but if the MORTGAGOR shall pay the said
obligations together with the interest on or before its due date, then the mortgage shall become
null and voice and of no effect.
 The MORGAGOR hereby ACKNOWLEDGES and CONFIRMS that he is justly indebted
to the MORTGAGEE in the amount set forth below and she is willing to guarantee the payment
thereof as well as the performance of such obligations relating thereto or which may arise
hereunder;

The Mortgagor hereby authorizes the Mortgagee to register this Deed with the proper
government agencies.

IN WITNESS WHEREOF, the parties have hereunto affixed their hands this 5 th day of
November 2010 at Baguio City, Philippines.

______________ ______________
Bea Larusso Bryle Mendoza
Mortgagor Mortgagee
TIN NO. 941-000-000-000

Signed in the presence of ____________________ and Ednalyn A. Dy

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

DONE: IN THE CITY OF BAGUIO S.S.

BEFORE ME, a Notary Public for and in the City of Baguio, this 5 th day of November
2013, personally appeared the above-named parties with their valid identifications as indicated
below their names above. Known and identified by me through the competent evidence. They
presented this integrally complete instrument and represented to me that the signatures on the
instrument were voluntary affixed by them for the purpose stated, declaring that they executed
this instrument as their free and voluntary act and deed.

The foregoing instrument refers to a Real Estate Mortgage with Promissory Note
consisting of two (2) pages including the page on which this acknowledgement us written,
signed by the parties and their instrumental witnesses on each page hereof, and they
acknowledged to me that the same is their free act and voluntary deed.

WITNESS MY HAND AND SEAL

Notary Public for Baguio City

My commission expires on December 00, 0000
Privilege Tax Receipt No. 22654288; 04 January 2010
IBP OR No. 00000; 04 January 2010; Baguio-Benguet Chapter
Doc. No. 107; Page No. 23; Book No. XXXII; Series of 2010