Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Sixth Judicial Region
Branch 2
Iloilo City
-o0o-

JUANA DELA CRUZ, Civil Case No. 19-147

Plaintiff,
For:
- versus -
EJECTMENT
SPOUSES PEDRO REYES and
MARIA CLARA,
Defendants.
x--------------------------x

ANSWER
WITH SPECIAL AFFIRMATIVE DEFENSES
AND COUNTERCLAIM

COME now defendants-spouses Pedro Reyes and Maria Clara

through counsel, unto this Honorable Court, respectfully state:

ADMISSIONS

Defendants-spouses admits the allegations in Paragraphs 1, 2,

3, 9, 10 and 11 of the Complaint subject to the following
qualifications:

1. Answering Defendants-spouses Pedro Reyes and Maria

Clara deny the material allegations in paragraph 4 of the Complaint;

2. Defendants-spouses Pedro Reyes and Maria Clara

specifically deny paragraph 5 of the Complaint for the reason that
they are merely doing repairs on the damaged portion of their house
caused by Typhoon Yolanda;

3. Defendants-spouses Pedro Reyes and Maria Clara

specifically deny paragraph 6 and 7 of the Complaint as to the
truthfulness of the said allegations;

4. Defendants-spouses Pedro Reyes and Maria Clara

specifically deny the material allegations in paragraphs 8, 9, and 10
of the Complaint the truth thereof being hereinafter set forth under the
Special Affirmative Defenses;

SPECIAL AFFIRMATIVE DEFENSES

1
 5. Defendants-spouses Pedro Reyes and Maria Clara hereby
re-plead the material allegations in the preceding paragraphs, and
further allege that:

6. It is submitted that plaintiff has no cause of action against

defendants-spouses Pedro Reyes and Maria Clara as they had been
religiously paying rentals for the use and occupation of the premises
in question to the caretaker of plaintiff;

7. Defendants-spouses Pedro Reyes and Maria Clara have

been in peaceful occupation of the premises in question until their
possession thereof was disturbed when plaintiff filed this instant suit
for ejectment;

COUNTER CLAIM

8. The malicious and contemptuous filing of this case has

caused the defendants serious persistent anxiety, sleepless nights
and besmirched reputation, for which plaintiff must be assessed
moral damages in the amount of two hundred thousand
(P200,000.00) pesos;

9. Defendants were likewise constrained to hire the services of

counsel, to protect their rights and agreed to pay attorney’s fees in
the amount of fifty thousand (P50,000.00) pesos and appearance fee
of two thousand (P2,000.00) pesos for each scheduled hearing;

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the Complaint be dismissed for
lack of factual basis. It is likewise prayed that plaintiff be ordered to
pay defendants:

1. Moral damages amounting to one hundred thousand

(P100,000.00) pesos;
2. To pay for Attorney’s fees of P200,000.00 and appearance
fees of P2,000.00 per hearing;
3. To pay the cost of the suit;

Other reliefs just and equitable under the premises are likewise
prayed for.

Iloilo City, Philippines. December 20, 2019

2
 OLANO LAW OFFICE
Counsel for Defendants
105 General Luna St.,
Iloilo City

By:

LIANNE JOY D. OLANO

Roll No. 47258
PTR No. 69147
IBP No. 201991
MCLE Compliance No. VI

Copy furnished by registered mail:

Atty. Marianne M. Regalado

Counsel for the plaintiff
R. Mapa St., Mandurriao
Iloilo City

EXPLANATION

The forgoing is being served and filed by registered mail for

lack of personnel and material time to effect personal service.

LIANNE JOY D. OLANO