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-in-intervention 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