City

VI. ANSWER IN INTERVENTION

A. Legal Basis
Rule 19, Section 4 of the Rules of Court
To file is to unite with the defendant in resisting the claims of the plaintiff.
Complaint – in – intervention. The defenses of a party are alleged in the answer
to the pleading asserting a claim against him. An answer may be responded
to by a reply
An answer is a pleading in which a defending party sets forth his defenses.
Defenses may either be negative or affirmative.
a. A negative defense is the specific denial of the material fact or facts
alleged
B. Sample Form
Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, Baguio City
FAH MAKILING, JULIUS TOLEDO
BRY TENG, JYM VELAS,
HARRY SUE, JEFF FAHE
Plaintiffs,
Civil Case No.: 1234-PWT
- versus –
FOR INJUNCTION with
Application of Preliminary
Injunction and prayer for the
immediate ex-parte issuance of
a TEMPORARY RETRAINING
ORDER (TRO)
ALBERT MARTIN
Defendant.
x---------------------------------x
MONIQUE LOI, et al,
Intervenors,
x---------------------------------x
FERERO ROCHERO TSOCOLATE, et. Al,
Intervenors.
x---------------------------------x
ANSWER-IN-INTERVENTION
WITH AFFIRMATIVE DEFENSES
With utmost deference to this Honorable Court, the defendant most
respectfully states that:
1. With the exception of the last two (2) paragraphs of item no. 1 of the complaint-inintervention
of MONIQUE LOI. et. al, defendant will admit the allegations as to the
personal circumstances of the intervenors and that they are both holders at the
HOWNEY LADIES gastropub and Inn at 234 Jewel Street, Baguio City, Philippines.
2. In the complaint-in-intervention of FERERO ROCHERO TSOCOLATE et. Al, she
likewise admits the allegations in item no. 1 of the complaint-in-intervention as to the
personal circumstances of the intervenors. She likewise admits that the intervenor,
BAD GUYS MARKETING COOP. is a supplier for HOWNEY LADIES gastropub and
Inn and that all the intervenors were issued business permits, she will deny the other
allegations in item no. 1 of the complaint-in-intervention.
3. With the exception of the second paragraph of item no. 4, she will admit the
allegations in item nos. 2 and 3 of the complaint.
4. She will deny the allegations in item no. 4 of the complaint for want of knowledge
sufficient to form belief as to the truth or falsity of the same.
5. She will deny the allegations in item no. 5 of the complaint, the appropriation
ordinance referred to in item no. 5 of the complaint reflects the amount appropriated
for the operation of HOWNEY LADIES gastropub and Inn in the amount of
P1,234,234,535,646.32. It is actually the amount that the city expects to spend for
operation of the HOWNEY LADIES gastropub and Inn for the year 2020 contrary to
what is being implied in the complaint that it is the income from the HOWNEY
LADIES that is included in the Performance Budget of the City for the year 2020.
6. Save for the terms as defined under the National Building Code, she will deny the
allegations in item no. 6 of the complaint, the physical composition of the facility
complies with fire safety standards and consists of emergency exits and fire exits.
PRAYER
WHEREFORE, it is respectfully prayed of the Honorable Court, after due notice and
hearing:
a. To lift the temporary restraining order (TRO);
b. To deny issuance of the writ of preliminary injunction and dismiss the complaint.
The defendant further prays for such further relief, just and equitable in the premises.
Baguio City, Philippines, April 16, 2020
ATTY. DAME MOORE
City Prosecutor of Baguio
Baguio City Tel No.: (074) 442-3122
PTR No. 684622341233, 04-30-18
IBP O.R. No. 3412099, 4-16-18
Roll No. 86355, 04-29-18
Copy Furnished:
ATTY. JUAN MIGUEL V. ALBERTO VI
Counsel for the Plaintiffs and Intervenors
Baguio City Tel No.: (074) 442-3322
PTR No. 684623, 04-30-18
IBP O.R. No. 3412099, 4-16-18
Roll No. 86355, 04-29-18
EXPLANATION
(Pursuant to Sec. 11, Rule 13 of the 1997 Rules of Procedure)
The foregoing answer-in-intervention was copy furnished to the intervenors counsel by
Registered Mail due to a sudden gastroenteritis outbreak within the available personnel to
effect personal service and filing.
ATTY. DAME MOORE