REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT OF
ANGELES CITY

JOSE SANTOS CIVIL CASE NO: 1234567

Plaintiff, FOR: EJECTMENT

- versus -

JUAN DELA CRUZ

Defendant.

x---------------------------------------x

ANSWER

NOW COMES the Defendant through the undersigned counsel and

unto this Honorable Court respectfully avers:

1. That paragraphs 1 to 6 are admitted;

2. That paragraphs 7 to 15 are denied, the truth being that stated

in the affirmative defense.

BY WAY OF AFFIRMATIVE DEFENSE, the defendant avers and

alleges:

1. That the defendant sent a message to the plaintiff through

Facebook Messenger, the screenshot of which is herein
attached as ANNEX “1”, stating the following:

“Koy, pewee ba extend mo ang contract natin.

Pwede bang i-apply mo yung mga pinagawa ko na
pagpapa-tiles ng buong apartment? Alam ko napag-
usapan nating babayaran mo na lang aka sa end ng
kontrata pero gusto ko na itong pwesto dito.”

This message was sent by the defendant on December 10, 2019

9:05 PM and seen by the plaintiff December 10, 2019 9:21
PM;

2. That the plaintiff replied to the defendant on December 11,

2019, the screenshot of which is herein attached as ANNEX
“2”:

“Ahh. Ganown bah. Ohwkie sigeh. Kwentahin natin

huh? Yung mga recbo nasayoh pah ang alam coh.
Kita-kits na lungs sa saturday huh? Don tayo
magkwentahan. Tnxz”

1! of 4!
 This message was sent by the plaintiff on December 11, 2019
8:01 AM and seen by the defendant on December 11, 2019
8:11 AM;

3. That, in pursuant to the exchange of messages above, the

defendant and the plaintiff had a meeting on December 16,
2019 and discussed the application of the improvements which
would start from January 2020 onwards;

4. The defendant showed the official receipts he paid for the tiles
and labor, herein attached as ANNEX “3” and “4”, which
amounted to Fifty Thousand Pesos (₱50,000.00) and Thirty
Thousand Pesos (₱30,000.00), respectively;

5. That the plaintiff was satisfied with the evidence of

disbursement presented by the defendant and by virtue of
which, he issued an Acknowledgement Receipt, herein
attached as ANNEX “5”, and allowed the defendant to
continue his occupancy of the leased premises;

6. That the defendant and the plaintiff extended the period of the
lease contract when both parties knowingly and voluntarily
agreed to apply or offset the amount spent on the
improvements to the future rents;

7. That since the plaintiff agreed that the improvements, with a

total amount of Eighty Thousand Pesos (₱80,000.00), were to
be applied to the future rentals, thus, the defendant is entitled
to occupy the premises for an equivalent period of eight (8)
months, or from January to August 2020;

BY WAY OF COUNTERCLAIM, the defendant avers and further

alleges that due to the malicious filing of this case, the defendant was
constrained to defend himself in court and hire the services of a lawyer to
protect his rights and interests for a fee of Fifty Thousand Pesos
(₱50,000.00) for which the plaintiff should be made answerable to the
defendant;

PRAYER

WHEREFORE, WITH ALL THE FOREGOING, it is respectfully

prayed unto this Honorable Court that judgment be rendered in favor of the
defendant and to:

1. Order the plaintiff to comply with the lease contract subject to

the amendments made and agreed upon on December 16,
2019;

2. Order the plaintiff to refrain from disturbing the defendant’s

lawful occupancy, possession and enjoyment of the subject
property for the duration of the extended lease period; and

2! of 4!
 3. Order the plaintiff to pay the defendant the amount of FIFTY
THOUSAND PESOS (₱50,000.00) as attorney's fees.

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

IN WITNESS WHEREOF, I have hereunto affixed my signature this

13th day of April 2020, at Angeles City, Pampanga, Philippines.

KokoKrunts
KOKO KRUNTS
Counsel for the Defendant
Roll of Attorney No: 88881
PTR No: 12345671 / 1-8-2020
IBP No: 876541 / 1-8-2020
MCLE Comp. No.: III-0011221

210 AUF PS Building, Salapungan

Angeles City

VERIFICATION AND CERTIFICATION

I, JUAN DELA CRUZ, of Legal age, single, Filipino Citizen and a

resident of 34 Magulang Street, Barangay Balibago, Angeles City, after
being sworn according to law, hereby depose and state that;

1. I am the defendant in the above-stated case;

2. I caused the preparation of the foregoing answer with

affirmative defense and counterclaim;

3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis
of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding

involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or

proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake

3! of 4!
 to report that fact within five (5) days therefrom to this
Honorable Court.

JDelaCruz
JUAN DELA CRUZ
Affiant

SUBSCRIBED AND SWORN to before me this 13th day of April

2020 at Angeles City, Pampanga, Philippines, affiant exhibiting to me his
Driver’s License No. 12345 issued by the Land Transportation Office in
Angeles City on October 20, 2019.

BilkoM
BILKO MORALES
Notary Public of Angeles City
Until December 31, 2020
Roll of Attorney No: 88888
PTR No: 12345678 / 1-8-2020
IBP No: 876543 / 1-8-2020
MCLE Compliance No.: III-0011223

Doc. No. 18;

Page No. 2;
Book No. 1;
Series of 2020.

4! of 4!