This is a sample VERIFIED RESPONSE (Answer) in a "small claims case" in a municipal trial court prepared by our law office. We are sharing it for legal research purposes of our readers/followers. (Although a separate expanded written verified response or answer is not required in small claims suits, at the discretion of the defendant, he may file the same if warranted by the complexities of the case).
VERIFIED
RESPONSE/ANSWER
The defendant xxx xxx, pro se, respectfully states:
1. There was a prior related and similar case (small
claims suit) between the parties to this case which was earlier dismissed by
this Court. It was filed by the same plaintiff Xxx Xxx (XXX). It was docketed
at Civil Case A- No. xxx and entitled “Xxx
vs. Xxx”, for “Collection of Water Bill.”
2. The Court dismissed the aforecited case on the ground
that the plaintiff failed to comply with the provisions of Sec. 57, Article X of the bylaws of XXX, of which the herein
defendant Xxx is a member in good standing up to the present time. The said
provision refers to mandatory
conciliation and mediation proceedings within the organization of the plaintiff
XXX.
3. Attached are copies of the following related
background documents of the said earlier related case (Civil Case A- No. xxx and entitled “Xxx vs. Xxx”), for the record
and for the information of the Court:
(a)
Annex “A” –
Complaint, dated __________;
(b)
Annex “B” - Verified Response/Answer, dated January 5,
2015 (filed on January 14, 2016 with this Court);
(c)
Annex “C” – SUPPLEMENTAL VERIFIED RESPONSE/ANSWER (In
Relation to the Defendant’s “Verified Response/Answer”, Filed on
14 January 2016)”, dated January 25,
2016 filed with this Court;
(d)
Annex “D” – Decision, dated February 4, 2016,
issued by Presiding Judge xxx of this Court;
4.
In her VERIFIED RESPONSIVE
PLEADING/ANSWER, dated 5 January 2016, which she filed in connection with the
aforementioned earlier related/similar case, that is, Civil Case
A- No. xxx and entitled “Xxx vs. Xxx”, the
defendant alleged, thus:
“x x x.
1. X x
x.
2. Nature
of the Case. – The instant case is covered by the Rule on Small Claims, per the
Summons and per the Amended Notice of Hearing, dated 14 December 2015 (received
by the defendant on January 4, 2016).
2.1. The
plaintiff claims the amount of P13, 270.11 in its Prayer (Complaint, Page 6).
2.2. It
covers the water billing period from March
2015 to November 2015, (Complaint, Page 4).
3. Initial
Hearing. – The Court has set the initial hearing of this case on 2 February
2016 at 8:30 AM.
3.1. The
Defendant shall personally appear during the said initial hearing as ordered by
the Court.
4. Special
Power of Attorney. – The Defendant has executed a Special Power of Attorney
(SPA) in favor of her husband XXX as her attorney-in-fact to assist and/or
represent her in this case. (See Annex
“A” hereof).
4.1. Her
husband Xxx is the legitimate incumbent President of the Xxx Homeowners
Association, Inc. (XXX).
5. Intra-Corporate/Intra-Political
Conflict within the Xxx Homeowners Association, Inc. (XXX). - For the past many
years now, the Xxx Subdivision has been beset by
intra-corporate/intra-political conflicts between the legitimate incumbent
board of directors (BOD) of XXX led by Xxx, the defendant’s husband, who is the
President of XXX, on one hand, and a group of homeowners led by the leaders of
the Plaintiff Xxx, i.e., xxx, et. al., who claim to be the legitimate officers
of XXX (interlocking directors/officers) and who have been illegally
perpetuating themselves in power for many years now by misrepresenting
themselves to be the true leaders of the homeowners association.
6.
Brief History of the Water Management in XXX. –
Sometime in the early part of the year 2004 the XXX Board Of Directors (BOD)
thru the then XXX President xxx entered into a contract (Annex “B”) of bulk supply of water with Manila Water Co., Inc.
(MWCI).
6.1.
The Manila Water Co., Inc. (MWCI) is the exclusive
concessioner of Metropolitan Waterworks and Sewerage System (MWSS) registered
with the National Water Resources Board (NWRB) to supply potable water in Xxx, Xxx
including Xxx Subdivision.
6.2.
The XXX water system was managed by the XXX Water
Committee (XXX) created in July 5, 2004
headed by its XXX Chairman xxx using the Official Receipt of XXX (a) in
collecting installation/service fees from the homeowners (Annex “C”) and (b) in collecting the payments for their water
bills.
6.3.
On August
28, 2005, the holdover Board led by XXX President xxx and xxx illegally
diverted the management and operation of the XXX Water System from the XXX to
the plaintiff XXX by merely passing Board Resolution No. (BRN) 007-2004.
6.4.
The said holdover Board perpetuated the illegal
diversion of the management of the XXX water system from the hands of the XXX
to plaintiff XXX by causing its registration with the Xxx Development Authority
(CDA) on July 14, 2005.
6.5.
They unjustly granted to the plaintiff XXX the
power to operate and manage the water system of the Subdivision without the
approval and consent of the majority of the homeowners.
6.6. The water system of the Subdivision is owned by XXX
as a juridical entity (homeowners association in the Subdivision) and by
all the individual homeowners thereof. It
is not owned by the plaintiff XXX.
6.7.
Due to the abuses of the plaintiff XXX led by its
Chairman xxx and the plaintiff XXX’s conspirators in the old XXX board/s in
collaboration with the 2004 President xxx/Board up to the tenure of the 2008
President Evelyn Maca and her Board, the homeowners of the Subdivision rejected
their leadership and ousted them from power in lawful yearly elections validly held in April 5, 2009 to December 8,
2014.
6.8.
The XXX members democratically elected their
genuine leaders for the terms 2009 up to the present.
6.9.
In August
28, 2014, the 2014 XXX BODs led by Miguel Castro revoked BRN 007-2004. (See Annex
“D”, BRN 010-2014).
6.10. The
said BRN xxx (revoking BRN xxx) was ratified by the overwhelming majority or the
496 XXX members, (See Annex “E”, 261 pages Mass Petition of Homeowners) which was upheld by the Court of
Appeals (Annex “F”) in a resolution
issued on October 16, 2015. (Note: The original copy of said resolution was
likewise submitted to this Honorable Court in the related Crim. Case Nos.
13-049 and 13-050, “PP vs. xxx et al.”).
6.11.
Dated 20 May
2014 the then 2014 XXX President Miguel Castro, sent (a follow up) demand
letter to the plaintiff XXX to turn over the records of the XXX water system (Annex “G”). Plaintiff refused to comply
and continued their illegal operation of the XXX water system.
6.12.
In the Fiscal Year 2015, more particularly on March 3, 2015 the new XXX President Xxx continued the implementation of the popular
will and mandate of the 496 petitioner XXX members as enunciated in BRN 010-2014 (Annex “E”, supra); thus,
the Xxx Board took over the operation and management of the XXX water system.
6.13.
The plaintiff XXX (a) illegally insists to this
very day on operating the XXX water system and (b) illegally continues to this
very day to harass the homeowners by aggressively collecting the water bills of
the latter, tantamount to extortion.
6.14.
The plaintiff XXX illegally disconnects the water
meters of dissenting homeowners who opted to pay their water bills to XXX Water
Committee of the XXX Board of Directors under the presidency of Xxx:
(a) Who do not recognize the
authority of the plaintiff xxx as lawful operator of the XXX water system in
the Subdivision and
(b) Who do not recognize the illegitimate
leadership of Maca, et. al. as XXX directors/officers (interlocking as
directors/officers of the plaintiff XXX).
6.15.
The instant collection case against the herein
defendant Xxx (and other dissenting homeowners like her) is part of the
continuing unjust harassment by the plaintiff XXX and its interlocking
conspirators in the Maca board.
(a) to illegally control the
water XXX water system of the Subdivision,
(b) illegally utilize the huge
amounts of money from its illegal water collections from the homeowners whom
they have misled and/or intimidated to cooperate with them and to course thru
them their water bills payments, and
(c) illegally perpetuate in power the
illegitimate Maca board and its conspirators in the board/management of the
plaintiff XXX (interlocking personalities).
7.
For the record, there is now a pending
quasi-judicial case in the Housing and Land Use Regulatory Board (HLURB),
docketed as HLURB NCRHOA-xxx, entitled “XXX,
xxx, xxxx vs. xxx, xxxx”.
7.1.
In the aforecited HLURB case, a Decision, dated
November 27, 2015, has been issued by Housing and Land Use Arbiter, Atty. xxx,
ordering the HLURB NCR HOA Franchising Unit to call, conduct and supervise the
2015 election of the XXX which was supposed to be held in December 20, 2015
(covering the annual/calendar term of office from January 1, 2016 to December
31, 2016), per its By-Laws.
7.2.
A copy of the said Decision is attached as Annex “H” hereof.
8.
For purposes of perpetuating control over the water
system, the plaintiff XXX, thru misleading allegations, has filed an application
for a Certificate of Public Convenience (CPC) with the National Water Resources
Board (NWRB), praying that it be allowed to operate the MWSS water system in Xxx
Subdivision.
8.1.
XXX headed by its President Xxx have submitted its
vehement Opposition thereto. See Annex
“I” hereof.
8.2.
MWSS, thru the lawyers of Manila Water Co., Inc.
(MWCI), have submitted its comment/ opposition to the application for CPC filed
by plaintiff XXX. See Annex “J” hereof.
Paragraph 5, 6, 8, page 4 of the
said Comment of MWCI is hereto reproduced in part, to wit:
“x x x.
5. In its application, Applicant seeks to operate a waterworks system in
Xxx Subdivision, Brgy. Xxx.
6. It is most respectfully
submitted that the area within which Applicant seeks to operate a waterworks
system is within the service area assigned to Manila Water.
8. Based
on the Metro Manila Water Supply System Concession Service Areas, the Service
Area East includes Xxx, Xxx. Thus, Manila Water has better and prior right to
operate a waterworks system in Xxx Subdivision than Petitioner.
X x x.”
Paragraph 10.2, 10.3, and 10.4, Page 5, thereof read;
“x x x.
10.2.
Section 8, Article II of the Contract provides that XXX shall not
transfer or extend the water services to another party nor relocate or cause
the relocation thereof without prior written approval of Manila Water.
10.3. From the time of execution of the Contract
to this date, Manila Water has never received any notification from XXX that it
intends to transfer or extend the water services to Petitioner or any other
party. If XXX has already transferred the distribution of water services to
Petitioner or to any other party, Manila Water has not issued any
written approval pertinent to such transfer.
10.4. Hence, pursuant to Section 8, Article II of
the Contract, XXX remains the conduit
of Manila Water in supplying water to the homeowners of Xxx Subdivision.
X x x.”
9.
Plaintiff XXX is not legally equipped with
authority to operate the XXX owned water system and to collect payments from
the homeowners for their water consumption.
(a)
The
herein defendant does not owe the plaintiff any amount whatsoever.
(b)
The defendant is up to date in her monthly water
payments before the March 3, 2015
takeover of the 2015 Xxx Board.
(c)
The Defendant has paid the water bill for her
household’s water consumption for March 2015 to the XXX Water Committee of the Xxx
Board (Annex “K”).
The Xxx Board, out of the
personal funds of Xxx (president) had
advanced to the MWCI the amount of P174,000.00 for the water consumption March
of all XXX consumers (Annex “L”)
while waiting for the actual from the XXX consumers to avoid potential
collection warnings from the MWCI.
(d)
In the first two (2) months of the operation of the
MWCI mother water meter the total collection of the XXX Water Committee from
the paying XXX consumers was only Php 125,420.00. Ad earlier stated, Xxx (XXX
president) had advanced to the MWCI the payments for the said period in the
amount of P174,000.00. In fine, the XXX still owes Xxx P48, 580.
(e)
To stress: The defendant and her husband Xxx have a
collectible/receivable from XXX in the amount of P48,580.00. The defendant and
her husband believe the said amount is in the hands of the plaintiff XXX,
considering that it forcibly collects from the homeowners their payments for
water bills under threat of water meter disconnections if the homeowners refuse
to recognize the billings of plaintiff XXX.
(f)
The herein defendant has no outstanding obligation
to the MWCI.
In fact, she is instead entitled
to a rebate from the plaintiff XXX if the Court would consider the value of her two (2) shares of stock in
the plaintiff SHAI plus her unpaid dividends for the past ten (10) years
dividends that the plaintiff has failed to pay to the herein defendant.
10. The
herein defendant has previously protested
(a) the continuing illegal act of
the plaintiff of extorting water payments from her and from the other
dissenting homeowners in the Subdivision, and
(b) the continuing illegal threat
of the plaintiff XXX to disconnect the water meters of the herein defendant (Annex “M”) and the other dissenting
homeowners (Annex “N” to “N-6”) in the Subdivision.
11.
The defendant, as a co-founding member/cooperator, (Annex “O”) of the plaintiff XXX,
has likewise questioned:
(a) the
validity, legality, and regularity of the continuing authority and existence of
the XXX as an entity in the Subdivision and
(b) the
dubious financial management of its funds and assets by its leaders.
Attached is the copy of her past
protest letter to the plaintiff XXX, marked as Annex “P” hereof.
12.
Compulsory Counterclaim. – The defendant deserves
an award of moral damages, exemplary and actual damages plus costs of suit in
the amount of P100,000.00 (the maximum award allowed by the Rule on Small
Claims) for the moral, mental and emotional sufferings she has sustained by
reason of the filing of this unjust harassment suit (moral damages), for the
actual damages she has sustained in defending herself in this baseless suit,
and to serve as a lesson to society not to emulate the illegal acts of the
plaintiff (exemplary damages).
13.
X x x.
14.
Reservation. – The defendant reserves the right to
submit supplemental pleadings and other documents in support of her defenses
during the pretrial and trial phases of this case in the interest of justice.
15.
Mediation and Judicial Dispute Resolution. – The
defendant is prepared to cooperate with the Court for the Mediation and
Judicial Dispute Resolution (JDR) phases of the instant case assisted by her
husband/attorney-in-fact Xxx, who is the incumbent President of XXX.
X x x.”
5. The defendant hereby adopts into this particular section of her Verified Response/Answer
all of the foregoing quoted allegations, by
incorporation and reference, for convenience and brevity.
6. Further, the defendant hereby adopts into this
Verified Response/Answer the allegations contained in her -“SUPPLEMENTAL VERIFIED
RESPONSE/ANSWER (In Relation to the Defendant’s “Verified Response/Answer”,
Filed on 14 January 2016)”, dated January 25, 2016, which she filed in relation to the aforementioned earlier
related case, that is, Civil Case A- No. xxx and entitled “Xxx Xxxvs. Xxx”, by incorporation and reference, to wit:
“x x x.
SUPPLEMENTAL AFFIRMATIVE DEFENSES
9.
Plaintiff
violated Sect. 57, Art. X of the XXX Bylaws:
“Section 57. Conciliation Procedures. As far as practicable, all intra-xxx disputes
shall be settled within the Xxx. If amicable settlement is no feasible, - x – x
– x -, the following rules and procedures shall govern all conciliation
processes within the Xxx: (a) – x – x – x – x -”
16.
Plaintiff did not comply with the mandatory
internal conciliation procedures provided in the XXX By-Laws before filing the
instant case against the herein defendant.
17.
Hence, this case should be DISMISSED for failure to
state a cause of action, for being premature, and for failure to comply with a
procedural precondition, pursuant to Sec.
1, Pars. [g] and [j], Rule 16, Motion To Dismiss.
X x x.”
7. The herein defendant Xxx submits that she is still a
member in good standing of the plaintiff XXX, contrary to the claim of the
latter that she had been previously expelled therefrom, considering that the
alleged of the herein defendant did not comply with the provisions of Art. Xxx,
Sec. , of the bylaws of the plaintiff XXX. The herein defendant hereby stresses
the following facts:
(a)
After the
aforementioned dismissal by this Court of the former case between the herein
parties, that is, Civil Case A- No. xxx and entitled “Xxx Xxxvs. Xxx”, for “Collection of Water Bill, the only
communication that transpired between the plaintiff XXX and the herein
defendant were:
·
The two (2) letters,
dated _______ and ______, issued by the plaintiff XXX to the herein defendant.
Copies of the said letters are attached as Annex
“E” and Annex “F” hereof; and
·
The two (2)
answers of the defendant to the said two (2) letters of the plaintiff. Copies
of the said answers of the defendants, dated ______ and _________, are attached
as Annex “G” and Annex “H” hereof.
8. The defendant hereby quotes in full the Letter, dated
____________, of plaintiff XXX to her, marked as Annex “E” hereof, supra,
to wit:
X
x x.
9. Further, the defendant hereby quotes in full the
Letter, dated ____________, of plaintiff XXX to her, marked as Annex “F” hereof, supra, to wit:
X
x x.
10. The defendant hereby quotes in full her aforementioned
Letter, dated xxx, marked as Annex “G”
hereof, supra, to wit:
X
x x.
11. Further, the defendant hereby quotes in full her
aforementioned Letter, dated xxx, marked as Annex “H” hereof, supra, to
wit:
X
x x.
12. The defendant received no response from the plaintiff
to her aforementioned two (2) answers (Annex
“G” and Annex “H”, supra).
13. The defendant did not receive any call or notice for conciliation and mediation within the
organization hierarchy of the plaintiff XXX, of which the defendant is a member,
pursuant to Sec. 57, Art. X of its
Bylaws.
14. A copy of the said Bylaws is attached as Annex
“I” hereof..
15. The defendant did not receive any invitation from the
plaintiff XXX to attend its General Assembly Meeting held on April 17, 2016. It
was a clear act of disenfranchisement of the rights of the defendant as a
member in good standing.
16. The defendant did not receive any information, letter,
report or any communication whatsoever from the plaintiff XXX regarding the proceedings,
decisions, and resolutions discussed and adopted during the said General
Assembly Meeting.
17. The defendant did not receive any letter or
communication in respect of the alleged XXX Board Resolution xxx which
allegedly terminated here membership in the XXX. The defendant was never
furnished a copy of the said board resolution.
18. Thus, it is clear that the plaintiff violated the
provisions of its own Bylaws on the matter of the proper manner of expelling a
member, who is entitled to DUE PROCESS OF LAW and TO APPEAL TO THE GENERAL
ASSEMBLY any expulsion order of the Board of Directors of the plaintiff, to
wit:
(a)
Secs. 8 and 9, Art. II; and
(b)
Sec. 11, 12, 13, and 14, Art. II.
19. As earlier stated, a copy of the said Bylaws of the xxx is attached as Annex “I” hereof, supra.
20. In fine, the alleged expulsion of the defendant by the
plaintiff as a member of the Xxx was null
and void ab initio for being violative of the aforementioned provisions of
its Bylaws on the matter of membership and expulsion.
21. Thus, the failure of the plaintiff to comply with the
proper conciliation/mediation proceedings as provided in the Bylaws rendered
the alleged expulsion of the defendant null
and void ab initio. To wit:
Sect. 57, Art. X of the XXX Bylaws:
“Section 57. Conciliation
Procedures. As far as practicable,
all intra-xxx disputes shall be settled within the Xxx. If amicable settlement
is no feasible, - x – x – x -, the following rules and procedures shall govern
all conciliation processes within the Xxx:
– x – x – x – x -”
22. Further, the defendant respectfully states:
(a)
The Manila Waterworks and Sewerage System (MWS)
and the Manila Water Co., Inc. (MWCI) have jointly
opposed the application for a Certificate
of Public Convenience (CPC) of the plaintiff XXX which is pending in the National Water Resources Board (NWRB).
(b)
The plaintiff has
been ILLEGALLY OPERATING A WATER SYSTEM without a valid Certificate of Public
Convenience since 2004.
(c)
Attached are
copies of the two (2) pleadings jointly
filed by the MWSS and the MWCI in the NWRB to oppose the application of the
plaintiff for a CPC, which are marked as Annex
“I” and “Annex J” hereof.
(d)
Further, the
matter of the legitimacy of the faction of Evelyn Maca, which claims to be the
legal board of directors of XXX, has been questioned by the board of directors of
XXX led by Xxx (spouse and legal representative and attorney in fact of herein
defendant in this case) in the Court of Appeals.
23. Attached is a copy of the Petition for Review (Rule
43) filed by the Xxx Board in the Court of Appeals, which case is docketed as xxx
and entitled “xxx”, and marked as Annex
“K” hereof. The said Petition prays for the following reliefs from the
Court of Appeals, to wit:
“x x x.
WHEREFORE, premises considered,
it is most respectfully prayed that:
1. A Temporary Restraining Order (TRO) be
immediately issued upon filing of this petition, restraining the respondents and the Housing and Land Use Regulatory
Board (HLURB) and any and all of its officers, personnel, agents, and
units, offices and departments from implementing and enforcing the questioned
HLURB BOARD Decision, dated March 14, 2016, pendente lite in the interest of
justice;
2. A Writ of Preliminary Injunction (WPI) be
issued pendente lite against the
respondents and the HLURB prior to the expiration of the TRO prayed for
above, in the interest of justice.
3. The
questioned HLURB BOARD Decision, dated
March 14, 2016 be REVERSED AND SET ASIDE and a new one be issued making perpetual the TRO and the Writ of
Preliminary Injunction and ordering
the HLURB BOARD and its implementing arms, units, offices, and personnel:
1)
To immediately call, hold, supervise, control, direct,
and administer the regular annual election of the members of the Board of
Directors of the XXX SUBDIVISION HOMEOWNERS ASSOCIATION (XXX) as soon as
possible and without further delay upon the finality of the Decision of this
Honorable Court in the instant petition, in accordance with its By-Laws, R.A.
9904 (Magna Carta for Homeowners and Homeowners Associations), and its
Implementing Rules and Regulations;
2) To
immediately create a 3-man HLURB Election Committee to be composed of three (3)
duly authorized officials/staff thereof, the most senior of whom shall serve as
the Chairman, with the sole power and authority to call, hold, control,
administer, direct and supervise the said Election;
3) To
appoint one (1) duly authorized representative each from the sides of the
petitioners and the respondents, as sitting observers in all the hearings,
activities, meetings, dealings, and transactions of the said HLURB Election
Committee.
4) To
order the Provincial Commander of the Philippine National Police (PNP) of Xxx
Province, with headquarters at Tikling, Brgy. Dolores, Taytay, Xxx, to act as
the duly authorized peace-keeping force during the said HLURB-supervised
election until the said election process is terminated and the winning
candidates proclaimed by the HLURB Election Committee.
FURTHER, the petitioners respectfully
pray for such and other reliefs as may be deemed just and equitable in the
premises.
X x x.”
24. I have appointed by husband XXX as my legal representative and attorney in fact
in connection with this case. He is the president
of the Xxx Subdivision Homeowners
Association, Inc. (XXX). His Special
Power of Attorney is attached as Annex
“L” hereof.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that
the Complaint be DISMISSED for lack of merit.
Further,
the defendant prays for such and other remedies as may be deemed just and
equitable in the premises.
Xxx,
Xxx, November 9, 2016.
XXX
Defendant
Address: x x x.
Signature of Legal Representative,
Spouse, and Attorney in Fact:
_______________
President
Xxx Homeowners
Association, Inc. (XXX)
Address: x x xx .
VERIFICATION
I, XXX,
of legal age, married, Filipino, and
residing at xxx, Xxx., Brgy.Xxx, Xxx, under oath, depose: that I am the Defendant in the foregoing EX
PARTE SUPPLEMENTAL ANSWER; that I caused the preparation thereof; that I have
read its contents; and that the same are true and correct of my own
direct/personal knowledge and based on authentic records.
Xxx, Xxx, November 9,
2016.
Xxx
Affiant/Defendant
SUBSCRIBED and sworn to before me in ____________, Xxx on this ___
day of November 2016, the affiant/defendant showing her Driver’s License No. xxx.
NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No. ____
Series of 2016
Cc:
Xxx Xxx
Plaintiff
c/o Legal Rep. – xxx
Address: x x x
Reg. Rec. No.
Date PO
EXPLANATION
A copy hereof is served
on the Plaintiff via registered mail due to the urgency of filing the same.
Xxx Xxx
Defendant Attorney in Fact/Husband
