Republic of the Philippines

MUNICIPAL TRIAL COURT

Quezon City

MR. ANDREW F. MEDINA

Plaintiff,

              -versus- Civil Case No. ______

For: Unlawful Detainer

EVA CARINO BRUTAL,

Defendant.
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NOW COMES the DEFENDANT, Eva Carino Brutal, in the above entitled
case, and to this Honorable Court most respectfully alleges:
          

PARTIES

1. Plaintiff is of legal age, Filipino, single, with residence and postal

address at 134 Kaunlaran Street Barangay Commonwealth, Quezon
City where he may be served with notices and other court processes;

2. Defendant is of legal age, Filipino, single/married with residence and

postal address at #69 Hobart St., ABC Homes, Las Pinas City, where
she may be served with summons and other court processes;

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

AND COUNTERCLAIM

NOW COMES the DEFENDANT, Eva Carino Brutal, in the above entitled
case, and to this Honorable Court most respectfully alleges:

3. Defendant admits the averment in paragraph 3 ,4, 6, and 7 of the

complaint;

4. Defendant specifically denies the fact stated in paragraph 5 and 8 of

the complaint

By way of special and affirmative defenses, defendant avers:

1. The defendant has the right of first refusal

2. That the owner/lessor violated Section 10 of R.A. 9653 which states that
no lessor or his successor-in-interest shall be entitled to eject the lessee
upon the ground that the leased premises have been sold or mortgaged to a
third person regardless of whether the lease or mortgage is registered or
not.

3. That the owner/lessor violated Section 9 of R.A. 9653 for failing to state a
valid ground for the ejection of the lessee.
4. That the owner/lessor committed grave coercion when the latter instruct
the guard to prohibit the lessee from leaving the premises for non-payment
of rent.

PRAYER

          WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that after due notice and hearing, judgment be
rendered in favor of defendant:

1. To enjoin the plaintiff to rescind the deed of sale and that the owner
sell the property to the defendant.

2. To dismiss the complaint of Unlawful Detainer against the defendant.

3. To pay the costs for this suit and damages.

Other reliefs just and equitable under the premises are likewise prayed
for.

Quezon City, Philippines, January 23, 2021

CAS LAW OFFICE

Counsel for Plaintiff
No. 24, 12th Ave., Cubao,
Quezon City

By:

Shane Yrah Cas

Roll No.: 65212
PTR No: 0327314;1-2-2020: QC
IBP No.: 0932928/01-09-2020: QC
MCLE Compliance No.: V-0009942
/07-01-2020

IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of

January, 2021.

_____________________________
Affiant

SUBSCRIBED AND SWORN to before me this 23 day of January, 2021.

NOTARY PUBLIC