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REPUBLIC

OF THE

PHILIPPINES

Municipal Trial Court


BRANCH 6, CEBU CITY
7TH JUDICIAL REGION

PRIMARY STRUCTURES CONSTRUCTION


CORPORATION,
Plaintif,

CIVIL CASE NO.


______________________
-versusFOR: UNLAWFUL DETAINER
ARTURO CHOI,
WITH PRAYER FOR PRELIMINARY
MANDATORY INJUNCTION AND
and all persons claiming rights under him,
DAMAGES
Defendants.

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

REPLY AFFIDAVIT
(RE: 25 February 2015 Counter-Affidavit
of Respondent Arturo Choi)
COMES
NOW,
the
COMPLAINANT,
PRIMARY
STRUCTURES CONSTRUCTION CORPORATION, represented
by AMANDA ROSE TAN-ONG, Filipinos, of legal age, and
residents of #65 R. Landon St., Cebu City, Philippines, unto
this honorable trial court, most respectfully alleges, in Reply
to the Counter-affidavit of Respondent, ARTURO CHOI, copy
of which was actually received on 30 February 2014 through
courier LBC, that:
1.)
Respondent Arturo Choi was not forced to enter
into a Kasunduan
and that there was previous
admission from him that he and his family were the
ones who have used or benefited the property, which
admission gave the legal ground for the Complainant to
demand payment of the same. In addition, if and when
he was not at fault then, he should not allow himself to
pay the amount, as evidenced by a previous rental
receipt and a letter written by him, requesting for the
extension of the grace period of his payments due;
2.) As evidenced by a deposited amount in possession of
the Lupon Tagapamayapa, in the amount of fifty
thousand pesos (P50,000.00) instead of the original
amount of twenty thousand pesos (P20,000.00)
demanded by the Respondent himself, he still retains
1

possession of the disputed property, and his denial of


such fact is tantamount to a breach of the settlement
agreed upon - that such property be turned over upon
payment of the Complainant of the agreed settlement.
3.)
Needless to state, the Respondent has knowledge
that the property had been sold to herein Complainant,
as evidenced by the proof of delivery of the demand
letters to vacate from the PHLPOST after disregarding
the extended grace period given by herein
Complainant.
AND SO, given and based on the above facts, most
reputable witnesses, and overwhelming evidences duly
presented, it is respectfully prayed of the Honorable Court
that Respondent ARTURO CHOI be held liable for UNLAWFUL
DETAINER.
25 March 2014 at Cebu City, Philippines.

AMANDA ROSE TAN-ONG


Affiant for the Complainant Primary
Structures Corp.

SUBSCRIBED AND SWORN, to before me on the date


and place first-above written, affiant declaring under oath
that all the allegations in the foregoing Reply- Affidavit are
all true and correct. I hereby certify that I have personally
examined the affiant and I am satisfied that she voluntarily
executed and understood all the contents hereof

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of ______;

ATTY. CLEMENTE I.
BEAUTY
NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY
2013
ISSUED AT CEBU CITY

ATA-LABISIG-DIAMBRANG LAW OFFICE


Unit 404, 4th Floor, The Gregorian Bldg.
2178 Osmena Blvd, Cebu City
Tel. No.: (02) 353 8269
E-mail: info@atlabrang-lawoffice.net
BY:
ATTY. WELLA JANE D.ATA
Counsel for the Plaintif
Roll No. 62254
IBP Lifetime No. 012243
PTR No. 2526871; 01/07/14; Cebu
MCLE Compliance No. N/A (signed roll 4/26/13)
ATTY. HANSARD C. LABISIG
Counsel for the Plaintif
Roll No. 59212
IBP Lifetime No. 012260
PTR No. 2526872; 01/07/2014; Cebu
MCLE Compliance No. IV-0019395; 29 April2013
ATTY. JALAINI DIAMBRANG
Counsel for the Plaintif
Roll No. 675879
IBP Lifetime No. 012260
PTR No. 2526872; 01/07/2014; Cebu
MCLE Compliance No. IV-0019395; 29 April2013
Doc. No. : 30
Page No.: 6
Book
: I
Series of 2013

Copy Furnished:
ATTY. ALEJANDRINA BALBUENA
Carollo, Mandantes, Balbuena Law Firm Suite 203, LandCo
Bldg. , Bajada Street, Cebu City

Explanation: A Copy of this document was served through


registered mail due to lack of material time and personnel.