REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

City of Tacloban
Branch 1

ALYSSA CANA,
Plaintiff
CIVIL CASE No. 9889
-versus- FOR: Unlawful Detainer
AYO KHO,
Defendant.
x---------------------------------x
ANSWER

COMES NOW, the defendant, through the undersigned counsel and

unto this Honorable Court, most respectfully avers:

1. That he ADMITS the contents of paragraph 2 only insofar as his personal

circumstances are concerned;

2. That defendant is without sufficient information or belief to admit or deny

the allegation in this paragraph 3.

3. That he ADMITS the allegations in paragraphs 4 and 5.

4. Insofar as paragraph 6 is concerned, he ADMITS his obligation of paying

the monthly installments, but DENY the rest of the allegations therein stated
that he failed to pay the agreed rental for several months starting August 23,
2017 up to the present;

5. That defendant is without knowledge or information sufficient to form a

belief as to the veracity or falsity of the averments in paragraphs 7 to 10 of
the complaint. The said paragraphs are likewise denied insofar as it alleges
that the defendant has no basis or justification to occupy the subject
property, the truth being those alleged in the special and affirmative defenses
part hereinbelow.

II. SPECIAL AND AFFIRMATIVE DEFENSES

6. That defendant and plaintiff entered to an agreement when the plaintiff

borrowed the amount of Php 120,000.00 evidenced by a Promisorry Note
 hereto attached as Annex ”A”, that said amount will be used to set-off the
monthly rental payments of the defendant.

7. As per the Promissory Note attached hereto as Annex “A”, the said loan was
contracted on July 20, 2017.

8. It was agreed that herein plantiff would pay the said loan on monthly
installment basis for twelve (12) months, sans interest, for Php 10,000.

9. Instead of actual payment, plaintiff-debtor opted to offset defendant-

creditor’s monthly rent of Php 10,000 with his monthly installment of the
same amount.
.
III. COMPULSORY COUNTERCLAIM

10. By reason of the abuse of right committed by the plaintiff and by reason
of the instant precipitate and unfounded suit, the defendant was constrained
to hire the services of a lawyer to defend his rights and interests for a
professional fee of P20,000.00 plus P3,000.00 per court appearance;

IV. PRAYER

WHEREFORE, premises considered, it is respectfully prayed that

the complaint be dismissed for lack of merit and the defendant’s compulsory
counterclaim be granted, i.e..attorney’s fees of P20,000.00 plus costs of suit.

The defendant respectfully prays for such and other reliefs as may be
deemed just and equitable in the premises.
Tacloban City, April 7, 2018.

JURAT

SUBSCRIBED and sworn to before me in Tacloban City on April 7,

2018, the affiant showing his SSS Member ID Card as stated above as
competent proof of his identity.

NOTARY PUBLIC
Commission Serial No. 12345
Until December 31, 2018
Roll of Attorney 56789
MCLE Compliance No. 54321

Doc. No. 1111

Page No. 2222
Book No. 3333
Series of 2018

Cc:

Atty. Antonio Primo Arellano

Counsel for Plaintiff
VARGOD & Partners LAW OFFICE
121 Real Street
Tacloban City

EXPLANATION

A copy of this pleading is served via registered mail, instead of via

personal service, on the adverse counsel due to the distance of his law office
address and the lack of field staff of undersigned counsel at this time.