Couple asks court to dismiss civil case filed by neighbor

CEBU, Philippines - For lack of merit, spouses Dr. Warfe and Elaine Engracia, are asking the court to dismiss the civil case filed by a businessman over the alleged deprivation of rights.

Earlier, Allan Noval, a resident of Buena Hills Subdivision in Barangay Guadalupe, filed a case for damages under Article 19 of the Philippine Civil Code before the court.

Article19 states “every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.”

Noval, who owns barbecue restaurants, said he decided to file the case after he could not take the alleged unfriendly and offensive behavior of the couple and treated him like a “low-class citizen.”

However, the couple in their answer, denied Noval’s allegations, saying they lived peacefully in their place for 25 years before Noval constructed a house in the said subdivision.

They alleged that their neighborhood repeatedly objected the construction of Noval’s house after they could not enjoy the “easements of lights and view” that has been obstructed due to the height of the latter’s house.

The couple asked how they could be friendly to the plaintiff if he violated the basic courtesy.

“Being a newcomer in the community, the plaintiff acted recklessly, thoughtlessly and deliberately not only to violate basic courtesy and accepted social mores but even committed criminal violations of laws and City Ordinances” thus, causing them discomfort.

As to the issue of water connection in Noval’s complaint, the couple clarified that the latter never asked the neighborhood’s permission to connect to their water source.

“On the contrary, he attempted to connect his water tubing to the neighborhood group’s water tubing by stealthily doing it in mid-afternoon when the defendants were out of their house,” answer reads.

Noval stated the couple made it difficult for him to connect to the water pipe. He said he tried to connect to the pipe outside the couple’s perimeter fence but they objected.

In other instances, Noval said the couple sent policemen to their house when they were having their Christmas party and reunion last December 2011.

The couple admitted sending policemen after they could not tolerate the noise from Noval’s house when they allegedly used microphones and a loud sound system while playing bingo games beyond midnight.

“The willful, thoughtless and inconsiderate actions of Mr. Noval and his companions by making such loud commotions and noises late in the night caused great discomfort and inconvenienced defendants and their family as they were not able to get their sleep,” answer reads.

As counterclaim, the couple asked Noval P4.5 million for actual damages and no specific amount for moral, nominal, temperate or exemplary damages.— (FREEMAN)