Republic of the Philippines

MUNICIPAL TRIAL COURT

Branch 40
Calapan City

JOHN Y. DEPP
Plaintiff, CIVIL CASE NO. 20-23490

-versus- -for-

MERLYN U. GUTIERREZ EJECTMENT

Defendant,
x-----------------------------------x

ANSWER

DEFENDANT, through the undersigned counsel, and in answer to

plaintiff’s complaint, respectfully aver:

ADMISSIONS / DENIALS

1. The Defendant admits the averments in paragraphs 6, 7, 8 and 9 of the

complaint;

2. The Defendant specifically denies the allegation in paragraph 6 of the

Complaint, the truth being that, our lease agreement has not been
terminated on December 31, 2019 but rather extended for another six
months;

3. The Defendant specifically denies the allegation in paragraph 7 of the

Complaint, the truth being that, I paid the rentals to her mother for the
month of August, September, October and November 2018, and April, May
and June, 2019 (attached herewith are the receipts);

4. The Defendant specifically denies the allegation in paragraph 8 of the

Complaint, the truth being that, we verbally agreed that our lease agreement
will be extended for another six months;

5. The Defendant has no knowledge or information to form a belief as to the

truth of the averment in paragraph 9 of the complaint.

AFFIRMATIVE DEFENSES
6. The defendant reiterates, re-pleads and incorporates by reference all the
foregoing insofar as they are material and additionally submits that the
Complaint should be dismissed because:

6.1. The defendant has no pending rental obligation to pay to the

plaintiff;
 6.2. The cause of action is devoid of merit due to violation of due process
for wanton of notice.
By way of Counterclaim, defendant alleges that by virtue of this
unwarranted act by the plaintiff, defendant was forced to engage counsel in the
sum of Php 50,000.00.

PRAYER

WHEREFORE, it is respectfully prayed that the complaint be dismissed

and the offer of partial payment of the outstanding obligation be accepted and that
the defendant be awarded the amount of Php50,000.00.

Other reliefs, just and equitable are likewise prayed for.

Calapan City, Philippines, 21 May 2020.

(Sgd)ATTY. SAI A. GUTIERREZ

Counsel for Defendant
Roll No. 77790
IBP No. 093459 10-18-19
PTR No. 0556040 01-13-20
MCLE Compliance No.IV-443584
Issued on December 12, 2019
143 Forever St., Calapan City, Oriental Mindoro
Tel No. 288-2014