Académique Documents
Professionnel Documents
Culture Documents
CITY OF ]S.S.
PROVINCE OF ]
COUNTER-AFFIDAVIT
WITH COMPLAINT
I, MARIA DELA CRUZ, of legal age, Filipino, and a resident of Blk. 13, Lot 13,
Quezon City, after having been duly sworn to in accordance with law, hereby depose
I deny the charge for Unjust Vexation it is baseless and fabricated, a concoction
and lies complainant _________ cannot deny the fact why closure and padlocking the
premises was imposed, the reason is clear, complainant stop and ceased paying her
monthly rentals, this is a violation of the contract, to quote “Monthly rental shall be
paid every 1st day of each month the form of cash/check deposit to Lessor’s bank
account. That in case of late payment on monthly rental, the Lessee agrees with the
Lessor a penalty charge of five (5%) percent of the monthly rental. Moreover, the
Lessee agrees with the Lessor an annual increase on monthly rental of the rate of
Seven (7%) percent” the contract is cleared here, what is the problem then with
complainant _______ and to the intent of the filing a baseless complaint without
realizing she was the one who defaulted in her monthly rental of the rented premises, it
is the right of respondent Ms Dela Cruz to effect the closure because complainant
stopped paying her monthly rentals and continuously do business at said rental
premises when infact she was not paying her rentals as agreed in the contract;
I exerted all efforts to reached out the complainant ________, so we can come to
an agreement of how to pay her defaulted rentals and start anew by reconciling her
records of payment but complainant __________ ignored all my requests for us to meet
and if possible reached to an agreement regarding the matter on her non-payment of
monthly rentals, hence the reason why closure is effected on my rental premises. No
vexation happened here, it is complainant ________ who acted without due respect
honoring our agreement in the contract, it was her who forced open the padlock rented
premises without my knowledge and consent and conducted her business. Acting in
tandem with complainant ___________ who I learned from reliable sources that he is
the duly elected incumbent Barangay Kagawad which makes him a public official, as a
public official you must observed proper ethics and exercise a good decorum when
conducting business as a public official with the people in general, but I was wrong
when got the chance to interact with complainant _________, it was during my meeting
with complainant ________on +_______ while I was having a personal meeting with
________ then suddenly complainant _________ intrude, I was surprised why _______
intruded, I asked him who he is and proudly he presented and introduced himself to be
the husband of complainant _______, it was at this juncture that complainant ________
started hurling and throwing unpleasant words against my person purposely to malign,
refute and defame my untarnished reputation in the hearing distance of the people now
gathered around us, I was led into an argument with complainant _______ for reason
that she was insisting that there is a contract and that the contract is still in effect, but it
is not the contract ceased or has already expired upon consumption of her deposits
and began defaulting of her non payment its effect and validity when complainant
______began defaulting with her payment, on monthly rentals that started in the
month of December, 2018, up to present, this was the very reason why I was obliged to
close and padlocked the rented premises. And to add more time to the already volatile
situation, complainant _______ butted in and impolitely made his way to the
conversation, he has no personality in the argument between me and ______, it was
because it is between a landlord and tenant matter. The question, of why _______was
still and doing her business at my rented premises when in fact I effected its closure for
that sole purpose, because I have given both _____ and ______ notice to vacate and
leave the premises but they merely deny my request and several please and demands
and insisting that my rented premises is government owned, there is no denying on this
matter, but the mere fact that I am the owner/holder of the rights, as listed as one of
the locators by the Office of;
Respondent will vacate the place if _____ orders so, but there is no order from
NEDA yet, thus has been discussed in several meetings with ______ and _________ that
there is a plan to developed _____________ also complainant ___________ was
informed of this development and she knows well about the plan to develop
___________ and it is only right that Lessor _________ who owns the rights by
acquisition from Mr. and Mrs. _________ who introduced themselves as the former
caretaker of the donor of the lot ________, now known as _____________.
There is no problem as to when to vacate and leave the premises because there
is no question who own the Lot___________, respondent would leave the premises if
_______ orders so, but in the case of complainants _________ and ______ here, the
point of interest is on the rented premises not on the lot per se it is the space whose
rights was acquired thru sale by __________ from Mr. and Mrs. _________ originally
thus rented space is an unfinished structure built on the government lot, it was acquired
by respondent because during that time ______is a lahar stricken province, frequent
flooding is the problem, respondent then saw this unfinished structure fronting ____
and immediately went to see the owners and offered to buy the rights it was developed
and finished and it was there where respondent lived and converted her living quarters
for sometime until she was transferred and assigned to Manila. That I decided to close
the premises and that was the time when _______ got interest and offered to rent the
said premises and she was the first who took in the rented premises as lessee and
opened her insurance business up to the time when this incident happened, during the
early years _______ was paying her rent until the time that she stopped paying the rent
up to this time that prompted respondent to close and padlock the rented premises but
_______ and ________ questioned the closure and in defiance to the sudden closure
they broke in the premises and destroyed the lock and open the rented premises,
occupied it as usual and do business up to this time, because of the forcible opening of
the rented premises, respondent seek to redress her complaint to the Barangay, it was
blottered and were summoned to meet at the Barangay, in the end no conciliation was
reached hence, the Certificate to File Action was issued to respondent to file her
complaint against the complainants ______ and ________, but was surprised before
even filing her she received a subpoena requesting her to appear before the Office of
the City Prosecutor regarding the complaints filed by _________ and ______ for Estafa,
Unjust Vexation and Falsification;
______________
Respondent/Complainant
___________________________
Administering Officer