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ANSWER WITH COMPULSORY COUNTERCLAIM

Regional Trial Court


National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 33, Quezon City

ALIS DI-YAN COMPANY,


Plaintiff,
Civil Case No. 2222
- versus - For : Ejectment

YOKO NGA,
Defendant.
x ----------------------------------- x

ANSWER
(With COUNTERCLAIM)

DEFENDANT, by counsel, respectfully states that:

Admissions/Denials
1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically
denies the contents insofar as plaintiff’s personal circumstances for the reason stated in the
Affirmative Defenses below.
2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered
into but specifically denies that the Contract reflects the true intent of the parties as explained in
the Affirmative Defenses below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but
specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge
sufficient to form a reasonable belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative
Defenses below.

Affirmative Defense
5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are
material and additionally submit that the Complaint should be dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines
without a license.
5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was,
before its expiration, superseded by a Deed of Absolute Sale whereby plaintiff sold to defendant
the parcel of land in question, a copy of which is attached as ANNEX 1.

Counterclaim
6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are
material and additionally submit that he is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:
6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name and
reputation were besmirched by this malicious and baseless suit.
6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was
compelled to secure services of counsel to vindicate his legal rights.
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the
Complaint and granting defendant’s counterclaim by awarding defendant: (a) One Million Pesos as Moral
Damages, and (b) Fifty Thousand as Attorney’s Fees.

Other just and equitable reliefs are prayed for.

Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE


Counsel for Defendant
[Address]

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