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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

ANSWER WITH AFFIRMATIVE DEFENSES

COMES NOW, the Defendant ARTURO CHOI through


the undersigned Counsel and to the Honorable Court most
respectfully states that:
ADMISSIONS AND DENIALS
1. Paragraphs 5 and 6 of the Complaint are admitted;
2. The allegations stated in paragraphs 7 and 8 are
specifically DENIED for lack of knowledge or information
sufficient to form a belief as to the truth thereof;
3. The allegation in paragraph 9 and 10 is denied for lack
of information or knowledge sufficient to form a
reasonable belief thereof;
4. The allegations in paragraph 11 and 14 that the
Defendant signed a Kasunduan embodying a new
deadline are denied the truth being that stated in the
affirmative and special defenses hereunder;

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5. The allegation in paragraph 18 is denied the truth being


that stated in the affirmative and special defenses
hereunder;

AFFIRMATIVE AND SPECIAL DEFENSES


6.The complaint filed by PLAINTIFF failed to state a cause
of action thereby rendering it dismissible outright;
No breach of contract
7.That effective December 25, 2011, ARTURO CHOI, the
lessee of Unit 5 at Somerset Tower I was no longer in
contract with the plaintiff (as evidenced by the Notice
of Termination of Contract posted in the main office of
defendant and is hereto attached as Annex 1 and the
publishers affidavit that a publication of said notice
was made and hereto attached as Annex 2);
By way of Counterclaim
8.Due to the malicious filing of this instant suit,
Defendants have hired the services of the undersigned
counsel for an agreed amount of Philippine Pesos: One
Hundred Thousand (PHP 100,000.00) and have suffered
sleepless nights and besmirched reputation which when
quantified in monetary terms is in the amount of
Philippine Pesos: One Hundred Thousand (PHP
100,000.00)

PRAYER
WHEREFORE, in view of the foregoing, Defendant
most respectfully prays for the dismissal of the complaint
and the award of counterclaim.
Other reliefs are likewise prayed for.
February 25, 2013. Cebu City, Philippines.
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VERIFICATION/CERTIFICATION

I, ARTURO CHOI, of legal age, Filipino, after having


been duly sworn to in accordance with law, hereby depose
and say, that:
I have caused the preparation of the said Answer with
Affirmative Defenses and Counterclaim; I have read, and
know the contents thereof; the allegations therein are true
and correct of my own knowledge and belief;
In connection with the Counterclaim, I certify to the
truth and the following facts and undertakings:
a) The defendant has not commenced any other action
or proceedings involving the same issues in the
Supreme Court, the Court of Appeals or any other
tribunal or agency;
b) To the best of my knowledge, no such action or
proceedings is pending in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;
c) If I should thereafter learn that a similar action or
proceeding is pending in the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I
undertake to report that fact within five (5) days
therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand
this 25th day of February 2013 at Cebu City, Philippines.

ARTURO CHOI
Affiant
SUBSCRIBED AND SWORN TO before me on the date and
in the place above-written, with affiant exhibiting to me his
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Community Tax Certificate No. 6981031 issued on January


13, 2013 at Cebu City and Drivers License No. L02-0621147403 issued by LTO Cebu, to expire on July 7, 2014. I
hereby certify that I have personally examined the affiant
and am convinced that he executed and fully understood the
contents of the foregoing affidavit

Doc. No. ______;


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

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

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SANTOS-LEE-LIM 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. MICHAEL B. SANTOS
Counsel for the Defendant
Roll No. 65543
IBP Lifetime No. 015543
PTR No. 2526571; 01/07/14; Cebu
MCLE Compliance No. N/A (signed roll 4/26/13)
Doc. No. : 30
Page No.: 6
Book
: I
Series of 2013

Copy furnished:
ATTY. WELLA JANE D. ATA
Counsel for the Plaintiff
Address: #12 Dr. Su Drive, Nasipit, Talamban, Cebu City
Contact Nos.: (032) 874-1478 to 90

Explanation: A Copy of this document was served through


registered mail due to lack of material time and personnel.