REPUBLIC OF THE PHILIPPINES

Regional Trial Court

City of Makati

JOE CASTILLO,
Plaintiff,

- versus-
Civil Case No. ____________
For: Damages for breach of
contract

CLEMENT YU
Defendant
x---------------------------------------x

ANSWER TO COMPLAINT
With COUNTERCLAIM

COMES NOW, defendant CLEMENT YU (CLEMENT), by counsel,

in answer to the Complaint dated May 22, 2017 (Complaint) filed by
plaintiff JOE CASTILLO (JOE) against defendant Clement Yu,
respectfully states that:

1. Defendant Clement Yu specifically denies Paragraph 2 insofar as the

address is concerned.

2. Defendant admits the allegations in paragraphs 3, 4, 5, 6, 7 and 8 of

the Complaint.

3. Defendant denies Paragraph 9 insofar as it alleges that the

appliances, furniture and equipment for the restaurant were not
delivered.

4. Defendant denies paragraph 10, that defendant did not personally

receive the mail from plaintiff with all his personal knowledge.

5. The allegation in Paragraph 11 is denied as the same is an

erroneous conclusion made by Plaintiff.
 6. Paragraph 12 is denied for lack of information or knowledge to form
a reasonable belief thereof.

7. Paragraph 13 is admitted to be true, insofar as the date of the

opening of the restaurant is concerned. But the rest of the allegation
is denied for lack of information or knowledge sufficient to form a
reasonable belief thereof.

SPECIAL AND AFFIRMATIVE DEFENSES

8. As evidenced by the staff who were present on the day of the

opening of the restaurant, it is Defendant who suffered sleepless
nights and serious anxiety for Plaintiffs negligence.

9. The complaint filed by Plaintiff is nothing but a malicious lawsuit

calculated to harass and embarrass the Defendant.

PRAYER

Defendant further repleads his earlier averments, and by way of

Counterclaims further avers that:

Having been dragged to court by the filing of this suit, defendant

suffered sleepless nights, mental anguish, wounded feelings, serious
anxiety, moral shock and social humiliation from mutual friends, of which
he can only be atoned if the plaintiff be made to pay him the amount of
THREE MILLION PESOS for moral damages.

WHEREFORE, defendant CLEMENT YU respectfully prays that

Judgment be rendered the above premises considered, it is respectfully
prayed of this Honorable Court after hearing on the merits, that judgement
be rendered in favor of the defendant and against the plaintiff, as follows:

a. Dismissal of the complaint;

b. Ordering the plaintiff to pay the defendant the following
amounts:

b.1) TWENTY MILLION PESOS (P20,000,000.00) for

actual damages

b.2) TWO MILLION TWO HUNDRED FIFTY THOUSAND

PESOS (P2,250,000.00) for lost income from rental of
the condominium unit
 b.3) FIVE MILLION PESOS (P5,000,000.00) for
exemplary damage

c. Defendant be ordered to pay Attorneys Fees of the total amount

to be adjudged in favor of plaintiff;
d. Defendant be ordered to pay the cost of this suit; and the
e. Rescission of the Joint Venture Agreement executed on October
2, 2015.

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

Respectfully submitted this 26th day of October 2016, done in the

City of General Trias, Cavite, Philippines.

Name of Lawyer
Not yet counself for Plaintiff
The Law Firm
REPUBLIC OF THE PHILIPPINES}
DONE: IN THE CITY OF GENERAL TRIAS} S.S.
X==============================X

VERIFICATION

I, CLEMENT YU, after having been duly sworn in accordance with

law, depose and state that:
1. I am a resident of ABC St., Alphabet Blvd., Taguig City;
2. I am a defendant in the above-stated case;
2. I caused the preparation of the Answer;
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;

IN WITNESS WHEREOF, I have hereunto signed this verification this

26th day of October, 2016.

Clement Yu
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 200_ at

_________________ affiant exhibiting to me his _______________________________
No.____________________ issued on ________________ 200_ at ______________ City.

Doc.
Page.
Book.
Series of 200_.

Copy furnished:

Counsel for the Plaintiff:

Jco Donuts
Lyceum Law Offices