REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 7
Baguio City

E THAN D. HUNT,
P la int if f ,
CIV I L CAS E NO. CC- 12 89 0
- ve rsu s - Fo r: Co nt ra ct Re scission wit h
Da mag e s
STE VE N J . MCG ARRE T,
Def e nd an t .
x -- --- --- --- --- --- --- --- --- x

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

WITH COUNTERCLAIM
NOW COMES the defendant, by the undersigned counsel, in the above-entitled case and
to this Honorable Court most respectfully alleges:

1. Defendant admits the averment in paragraph 1, 2, and 3 of the complaint;

2. Defendant specifically denies the allegation in paragraph 4 of the complaint for

lack of information and sufficient knowledge to form a belief as to the truth
thereof;

3. Defendant does not admit the allegations contained in paragraph 5 and 6 of the
complaint as it lacks in form and substance to support any cause of action
against the defendant;

4. Defendant does not admit the allegation in paragraph 7 as it has no basis in law
and in facts.

SPECIAL AND AFFIRMATIVE DEFENSES

Defendants adopt and re-plead the foregoing allegations, and raise by way of special and
affirmative defenses the following:

1. The complaint states no cause of action. The rule requires that every action must
be prosecuted or defended in the name of the real party in interest. (Sec. 2, Rule
3 of 1997 Rules of Civil Procedure). Only parties to a contract may sue or be
sued upon that contract.

2. In the instant case, it is plain in the verification / certification appended to the

complaint that Ethan D. Hunt is suing in his own name by stating, under oath,
that he is the plaintiff in the case, not MI Corporation. Ethan Hunt is not a party to
the contract, he has no cause of action against herein defendant.

COUNTERCLAIM
By way of counterclaim, defendant alleges:

That by virtue of this unwarranted complaint initiated by the plaintiff, defendant was
forced to engage counsel in the sum of ten thousand pesos (Php10, 000.00).

PRAYER
WHEREFORE, it is respectfully prayed that the complaint be dismissed for lack of cause
of action and defendant be awarded the amount of ten thousand pesos (Php 10,000.00).
Other relief and remedy just and equitable under the premises are likewise prayed for.

Baguio City, Philippines, this 30th day of August 2014.

 ATTY. DEANNE C. MANADAO
Counsel for Defendant
Unit 3B, 3rd Floor, Porta Vaga Building
Session Road, Baguio City
(074) 422-4388/ 09057037608
PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio City
IBP Lifetime Membership No. 1029338; Baguio-Benguet

REPUBLIC OF THE PHILIPPINES }

DONE: IN THE CITY OF BAGUIO } S.S.
X ============================ X

VERIFICATION

I, STEVEN J. MCGARRET, of legal age, Filipino Citizen, with residence and postal
address at No. 37 2nd Road, Quezon Hill, Baguio City after being duly sworn to in accordance with
law, hereby depose and states:

1. That I am the respondent in the above-entitled case;

2. That I caused the preparation of the foregoing answer;
3. That I have read the material and relevant allegation therein contained and are true and
correct of my personal knowledge;

IN WITNESS WHEREOF, I have hereunto affixed my hand this 30th day of August 2014
in the City of Baguio Philippines.

STEVEN J. MCGARRET
Defendant/Affiant

SUBSCRIBED AND SWORN to before me in the City of Baguio this 30th day of August
2014 by STEVEN J. MCGARRET, personally known to me, who is the same person who
personally signed before me the foregoing affidavit and acknowledged that she executed the
same.

ATTY. LESLIE D. RAGUINDIN

Notary Public
Until December 31, 2015
Unit 4A, 4th Floor, Puso ng Baguio
Building, Session Road, Baguio City
(074) 442-8989 . 09175444345
PTR No. 219193 / Baguio City
Roll of Attorney No. 91516; 3-14-12 /
Baguio City
IBP Merbership No. 1932158
Doc. No. 31;
Baguio-Benguet
Page No. 4;
MCLE No. III-001178, 07-27-12
Book No. II;
Commission Serial No. 85-NC-11 (R)
Series of 2014.
TIN: 033-507-420

NOTICE

Copies of this answer were personally filed and delivered to:

The Clerk of Court

Regional Trial Court
Branch 7, Baguio City