Judicial Affidavit/Complaint

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FOURT JUDICIAL REGION BRANCH 53 LUCENA CITY CHARMELAINE A. LAHAT, Plaintiff,

Civil Case No.__________

-versus-

For: Specific Performance With Damages

CAROLAINE ANN A. AGUILA, Defendant, x------------------------------------------------x ANSWER WITH COUNTERCLAIM DEFENDANT respectfully aver:

by the undersigned Counsel, and to this Honorable I.

Court,

The Parties

1. The allegations in paragraphs 1 and 2 of the Complaint, are ADMITTED insofar as the personal circumstances of the parties are concerned. II.

The Facts

2. The allegations in paragraph 3 and 4 of the Complaint, are ADMITTED, however, the Contract of Lease mentioned in paragraph 3 already expired on December 15, 2008. 3. The allegations in paragraph 5 of the Complaint, are SPECIFICALLY DENIED insofar as the Undertaking Agreement on the right to first refusal is concerned, for it is no longer binding, and there was no stipulations that the defendant agreed to sell the subject property for five million pesos (Php 5,000,000,00.). 4. The allegations in paragraph 6 of the Complaint, are ADMITTED insofar as the advertisement posted at Register of Deeds, Lucena City stating that the subject property is for sale for twenty five million pesos (Php 25,000,000,00.) is concerned. 5. The allegations in paragraphs 7, 8, and 9 of the Complaint, are specifically DENIED, the truth being those stated in the affirmative Defenses, that the fact being the plaintiff knew everything about the transaction and the expired contract of lease and undertaking.

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III.

The Causes of Action

6. The allegations in paragraphs 3, 5, 7, 8, and 9 of the Complaint, are SPECIFICALLY DENIED, the truth being those stated in the Affirmative Defenses and in the preceding paragraphs; The foregoing are re-pleaded, as defendant state her--AFFIRMATIVE DEFENSES 7. The Complaint has no cause of action. 8. The December 14, 1993 Contract of Lease for a term of fifteen (15) years entered into by the Plaintiff and Defendant with respect to the Edificio de San Gabriel Bldg., owned by the defendant situated at Quezon Avenue corner Merchant Street, Lucena City was already expired effective December 15, 2008. Hence, the said contract is no longer binding between the parties. 9. The Undertaking Agreement where the Plaintiff was given the right to first refusal with respect to the above-mentioned building is no longer subsisting for it expired together with the original contract of lease on December 15, 2008. Likewise, the allegations that the defendant agrees to sell the subject property for five million pesos (Php5,000,000.00) is not true. It is illogical for the defendant to sell a P15,000,000.00 worth of property as per Tax Declaration issued by the Lucena City Assessor’s Office for just P5,000,000.00 to the former lessee M.A. Lahat. 10. Defendant’s advertisement posted at Register of Deeds, Lucena City stating that the subject property is for sale for twenty five million pesos (P25,000,000.00) as found out by the plaintiff on July 27, 2015 was published seven (7) years after the expiration of the Contract of Lease and the Undertaking Agreement. 11. Defendant’s advertisement for the subject property is not an offer, but mere invitation to make an offer. The plaintiff has no right to demand from the defendant for 2 reasons: 1. That the Undertaking agreement on right to first refusal is no longer subsisting. 2. That the P5,000,000.00 purchase price offed is insufficient based on the value of property as stated on its Tax Declaration. 12. Defendant now suffer financial inadequacy. While she was about to exert her right to sell the subject property, she was prevented because of the filing of this case. 13. If there were people damaged therefor, it is defendant not plaintiff. The foregoing are re-pleaded as defendant state her---

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COMPULSORY DAMAGES 14. After this case was filed, defendant suffered sleepless night, mental anguish, serious anxiety and social humiliation. Plaintiff had been circulating rumors that defendant defrauded him, causing embarrassment to defendant in the community. 15. Plaintiff should therefor answer for these damages, in the form of moral damages in the amount of Php1,000,000.00, and to prevent others from performing the same act of plaintiff, defendant should be paid Php1,000,000.00 as exemplary damages. 16. Plaintiff should also reimburse the attorney’s fees of defendant in the amount of Php500,000.00. WHEREFORE, it is respectfully prayed of this Honorable Court that judgment be rendered after trial on the merits DISMISSING the complaint for utter lack of merit and awarding defendant moral and exemplary damages as well as attorney’s fees. Other relief, as may be just are prayed for. RESPECTFULLY SUBMITTED. Lopez, Quezon for Lucena City, February____2016.

ATTY. IGNACIO B. RAZONA Counsel for Defendant IBP No. 604321 01/08/16 Lucena City PTR No. 43210 01/04/16 Lopez, Quezon ROA No. 43700 MCLE Compliance No. 11-01-23445 L2B12 Azucena St., Peninsula Homes Subd., Brgy. Bebito, Lopez, Quezon Copy Furnished: By Personal Service Atty. Richard P. Tolcidas Counsel for the Plaintiff 32 M.I. Tagarao St., cor. Granja St., Lucena City, Philippines Explaination: The foregoing Answer is being served on the counsel of the plaintiff by registered mail due to time and personal constraints. ATTY. IGNACIO B. RAZONA

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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FOURT JUDICIAL REGION BRANCH 53 LUCENA CITY CHARMELAINE A. LAHAT, Plaintiff,

Civil Case No.__________

-versus-

For: Specific Performance With Damages

CAROLAINE ANN A. AGUILA, Defendant, x------------------------------------------------x JUDICIAL AFFIDAVIT This Judicial Affidavit is being offering to show and prove the following: a. That affiant is the defendant in this case; b. That the Contract of Lease and the Agreement on Right to First Refusal entered into by the parties on December 14, 1993 were already expired as of December 15, 2008, hence not subsisting and binding; c. To prove damages sustained by Charmelaine A. Lahat due to malicious filing of the above-titled suit; and d. To prove all the other material allegations in the Answer as the instant judicial affidavit may be relevant thereto. Preliminary Statement I am Carolaine Ann A. Aguila, 26 years old, single, government employee, and a resident of 73 Rich Street, San Juan Estares, Lucena City. The person interrogating me is Atty, Ignacio B. Razona with address at L2B12 Azucena St., Peninsula Homes Subd., Lopez, Quezon. The interrogation is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. QUESTION AND ANSWER Q1. Ms. Witness, are you Carolaine Ann A. Aguila, the defendant in this case? A1. Yes, your Honor. Q2. Do you Know Charmelaine A. Lahat, the complainat in this Case? A2. Yes, your Honor. Q3. How did you Knew her? A3. She was the former lessee of my property Edificio de San Gabriel Bldg. situated at Quezon Avenue corner Merchant Street, Lucena City.

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Q4. Do you have Contract of Lease with her with respect to the said property? A4. Yes, your Honor. Q5. Can you present the said contract in to this Honorable Court? A5. Yes, here it is your Honor. Q6. The Contract of Lease was pre-marked as Exhibit No. 1, and I marked December 14, 1993 as Exhibit 1a – the date in the contract when it was signed. Am I correct? A6. Yes, your Honor. Q7. Is there a term or period stipulated in this contract, and how long if there is any? A7. Yes , your Honor. I and the complainant entered into a fifteen (15) year contract of lease with respect to the above-mentioned property. Q8. When the said contract ended? A8. The contract ended on December 15, 2008, when the 15 years term was completed. Q9. Did you and the complainant renew or entered into a new contract of lease? A9. No, your Honor. Q10. Is there any agreement aside from this contract of lease you entered with \ the complainant? And what was that, if there is any? A10. Yes, your Honor. On the same date when we had a contract of lease, we entered into an Undertaking Agreement where the complainant was given the right to first refusal with respect to the above-mentioned property in the event I decide to sell the building. Q11. Can you present the said undertaking? A11. Yes, here it is your Honor. Q12. The Undertaking Agreement on the Right to First Refusal was pre- marked as Exhibit 2, and offered as evidence. Is the date - December 14, 1993, which I marked as Exhibit 2a in the document was the date when you and C.A. Lahat entered and signed the agreement? A12. Yes, your Honor. Q13. Is the said agreement subsisting? A13. No, your Honor. The Undertaking Agreement ended together with the Contract of Lease when it was fulfilled and completed the 15 year term stipulated in the Contract on December 15, 2008. Q14. Did you offer the subject property for sale during the existence of contract of lease with C.M. Lahat? A14. No your Honor. Q15. How about, after the contract expires, did you offer it for sale? A15. Sometime of July 2015, I posted an advertisement at the Register of Deed, Lucena City, stating that the subject property is for sale for twenty five million pesos (Php25,000,000.00).

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Q16. Did Ms. Lahat demand you to enforce the Undertaking Agreement on First Refusal, and offer to buy the subject property at Php5,000,000.00? .What Did you do, if there is any? A16. Yes your Honor, but I refused to accept her offer to buy the property. The Undertaking Agreement where the Plaintiff was given the right to first refusal with respect to the above-mentioned building is no longer subsisting for it expired together with the original contract of lease on December 15, 2008. Likewise, the allegations that the defendant agrees to sell the The building for five million pesos (Php5,000,000.00) is not true. It is illogical for the defendant to sell a P15,000,000.00 worth of property as per Tax Declaration issued by the Lucena City Assessor’s Office for an insufficient consideration of P5,000,000.00 to the former lessee M.A. Lahat. Q17. What happen next after you advertised the subject property? A17. I received a Notice from the court of Lucena, informing me that Charmelaine A. Lahat filed a complaint against me. Q18. Are you referring to this case filed against you? A18. Yes, your Honor. Q19. Is there anything you want to tell in this court regarding this case filed against you? A19. Yes. The Contract of Lease and the Agreement on right to first refusal entered into and signed on December 14, 1993 between me and C.A. Lahat had ended on December 15, 2008, after the completion of 15 year term stipulated therein. Hence, both contract and the agreement is not subsisting and binding when I published-advertised the subject property for sale on July 2015 at the Registry of Deed, Lucena City. That the complainant has no cause of action. Q20. What is your request/prayer to this Honorable court? A20. After this case was filed, defendant suffered sleepless night, mental anguish, serious anxiety and social humiliation. Plaintiff had been circulating rumors that defendant defrauded him, causing embarrassment to defendant in the community. Plaintiff should therefor answer for these damages, in the form of moral damages in the amount of Php1,000,000.00, and to prevent others from performing the same act of plaintiff, defendant should be paid Php1,000,000.00 as exemplary damages. Plaintiff should also reimburse the attorney’s fees of defendant in the amount of Php500,000.00. it is respectfully prayed of this Honorable Court that judgment be rendered after trial on the merits DISMISSING the complaint for utter lack of merit and awarding defendant moral and exemplary damages as well as attorney’s fees. IN WITNESS WHEREOF, I have hereunto signed my name this_____day of February, 2016 at Lopez, Quezon.

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CAROLAINE ANN A. AGUILA Affiant

SUBSCRIBED AND SWORN to before me this____ of February, 2016 at Lopez, Quezon affiant exhibiting me her employee ID No. 4A-0002-23 as evidence of identity. ATTESTATION I, Ignacio B, Razona, with office address at L2B12 Azucena St., Penhomes Subd., Lopez, Quezon attest under oath as follows: I personally conducted the interrogation of Carolaine Ann A. Aguila of 73 Rich Street, San Juan Estares, Lucena City in civil Case No. _______________ filed before the Regional Trial Court Branch 53, Lucena City. I faithfully recorded the questions I asked Carolaine Ann A. Aguila and the answers she gave me; and neither I nor any other person then present coached CA. A. Aguila regarding her answers. SUBSCRIBED AND SWORN to before me this ______ of February 2016 at Lopez, Quezon by affiant who is personally known to me.

ATTY. IGNACIO B. RAZONA Counsel for Defendant IBP No. 604321 01/08/16 Lucena City PTR No. 43210 01/04/16 Lopez, Quezon ROA No. 43700 MCLE Compliance No. 11-01-23445 L2B12 Azucena St., Peninsula Homes Subd., Brgy. Bebito, Lopez, Quezon

Copy Furnished: By Personal Service

Atty. Richard P. Tolcidas Counsel for the Plaintiff 32 M.I. Tagarao St., cor. Granja St., Lucena City, Philippines

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