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REPUBLIC OF THE PHILIPPINES

TENTH JUDICIAL REGION


MUNICIPAL TRIAL COURT
Branch 1, Surigao City

JULIET MONTAGUE,
Plaintiff,
CIVIL CASE NO. 1234
- versus -
FOR: EJECTMENT
TYBALT CAPULET,
Defendant.

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ANSWER

The defendant, through undersigned counsel, unto this Honorable Court,


most respectfully alleges that:

1. The defendant admits the averments in paragraphs 1, 2, 3 and 4 of the


complaint.

2. The defendant specifically denies the allegations in paragraphs 5 and


6 of the complaint for the reasons stated in the affirmative defenses
below;

3. The defendant has no knowledge or information to form a belief as to


the truth of the averments in paragraphs 7 and 8.

By way of affirmative defenses, the defendant submits that the case be


dismissed on the grounds that:

1. The defendant did in fact pay the monthly rent from July to October
2013, amounting to Forty Thousand Pesos (PHP 40,000.00). A copy
of the receipts is hereto attached as ANNEX 1.

2. The defendant tried to tender payment of Ten Thousand Pesos (PHP


10,000.00), representing the monthly rent for November, to the
plaintiff on a number of occasions. However, the latter refused to
meet with the defendant, because he was allegedly too preoccupied
with other matters.
3. The defendant received neither written nor verbal demands from the
plaintiff. As shown by the fact that the Letter of Demand, attached to
the complaint as ANNEX B, bears no indication of the defendants
receipt.

By way of counterclaim, the defendant alleges that:

1. By reason of the unwarranted and malicious complaint initiated by the


plaintiff, the defendant was forced to engage the services of counsel in
the sum of Twenty Thousand Pesos (PHP 20,000.00).

WHEREFORE, the defendant respectfully prays that the complaint be


dismissed and that the defendant be awarded the amount of Twenty
Thousand Pesos (PHP 20,000.00), representing Attorneys Fees.

Other reliefs just and equitable are likewise prayed for.

Cebu City, Cebu, December 12, 2013.

JONATHAN HARKER
Counsel for the Defendant
001 P. del Rosario Street, Cebu City
Roll No. 008
IBP No. 234; 10-01-13; Cebu City
PTR No. 234; 10-01-13; Cebu City

EXPLANATION

Copy of the foregoing answer was served upon defendants counsel by


registered mail, personal service not being practicable at the present time,
due to messengerial constraints.