REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT
NORZAGARAY, PROVINCE OF BULACAN

FLORINDA B. DELA CRUZ,

Plaintiff,

-versus- Civil Case No. ___________

For: Ejectment

RIZALINO DELA CRUZ, GIRLIE FLORES, BIRBINIA DEL

MUNDO, ALEX ROSAL, JOSE PERES, JR., DINABELLE
BAILON, VIOLETA CORTEZ, and all persons claiming rights
under him,
Defendants.
x--------------------------------------------------------------------------x

ANSWER

UNDERSIGNED COUNSELS for the defendants, by way of Answer to the

Complaint, unto this Honorable Court, most respectfully avers THAT:

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

NOW COMES the defendant in the above entitled case, and to this Honorable Court most
respectfully alleges:
1.Defendant admits the averment in paragraph 1,2, 3, 4 and 5 of the complaint;
2. Defendant affirm the payment to Rosella June – August.. By August we paid to Florinda
B. dela Cruz
3. Defendant denies paragraph 6 of the allegation that there was no clear agreement.
Attached herewith is a private agreement. (Annex)
4. Defendant denies paragraph 7, the defendant pay to the plaintiff the rental fees due.
There is a deposit and advanced paid.(Annex
5. Defendant admit paragraph 8 that we received a demand letter.
6. Defendant denies paragraph 9, there’s a confrontation at the brgy. Because we are
paying our rentals, and hence there is a demand letter.
7. Defendant denies paragraph 10, we paid (Annex C-Acknowledgment receipt)

By way of special and affirmative defenses, defendant avers:

1.) That the obligation has been paid;
2) That they were paying to Rosella Perez from the month of June to August but upon the
knowledge of the new owner, they sought a meeting with Florinda B. Dela Cruz. In the said
meeting which happened in the house of the plaintiff, they had a formal written agreement
towards the terms and conditions of the lease. Attached herein as Annex A is the written
agreement between the plaintiff and the defendants.
3) That the defendants have no intention not to pay or to vacate the property or that they
were merely tolaterated evidenced by the deposit and advanced payment given by the
defendants to the plaintiff as evidenced by acknowledgement receipt attached herein as
Annex B.
4) That after the receipt of demand latter, there was confrontation in the between Dhong
Hernaez and Mr. Taruc because the plaintiffs are confused why the plaintiff would send
them a demand letter when they are paying continuously. Attached herein is the affidavit
of the Barangay Captain Emar Cruz who mediate between them.
PRAYER

WHEREFORE, in the light of the foregoing, it is most respectfully prayed of this

Honorable Court that after due notice and hearing, judgment be rendered in favor of the
defendants and against the plaintiff as DISMISSIG the above complaint for lack of cause of
action.

RESPECTFULLY SUBMITTED.
14 December 2020, Norzagaray, Bulacan.