REPUBLIC OF THE PHILIPPINES

Municipal Trial Court

BRANCH 6, CEBU CITY
7TH JUDICIAL REGION

PRIMARY STRUCTURES CONSTRUCTION

CORPORATION,
Plaintiff,

CIVIL CASE NO. ______________________

FOR: UNLAWFUL DETAINER
WITH PRAYER FOR PRELIMINARY
MANDATORY INJUNCTION AND
DAMAGES

-versusARTURO CHOI,
and all persons claiming rights under him,
Defendants.
x--------------------------------------------------------x

ANSWER WITH AFFIRMATIVE DEFENSES

COMES NOW, the Defendant ARTURO CHOI through the
undersigned Counsel and to the Honorable Court most respectfully
states that:
ADMISSIONS AND DENIALS
1. Paragraphs 4, 6 and7 of the Complaint are admitted;
2. The allegations stated in paragraphs 5 , 6, 7 and 11are specifically
DENIED for lack of knowledge or information sufficient to form a
belief as to the truth thereof;
3. The allegation in paragraph 6 is denied for lack of information or
knowledge sufficient to form a reasonable belief thereof;
4. The allegations in paragraph 7 and 11 that the Defendant signed a
Kasunduan embodying a new deadline are denied the truth
being that stated in the affirmative and special defenses
hereunder;
5. The allegation in paragraph 9 is denied the truth being that stated
in the affirmative and special defenses hereunder;
6. The allegation in paragraph 10 is denied for lack of information or
knowledge sufficient to form a reasonable belief;

AFFIRMATIVE AND SPECIAL DEFENSES

7. The complaint filed by PLAINTIFF failed to state a cause of action
thereby rendering it dismissible outright;
No breach of contract
8. That effective December 25, 2011, ARTURO CHOI, the lessee of
Unit 5 at Somerset Tower I was no longer in contract with the
plaintiff (as evidenced by the Notice of Termination of Contract
posted in the main office of defendant and is hereto attached as
Annex 1 and the publishers affidavit that a publication of said
notice was made and hereto attached as Annex 2);
By way of Counterclaim
9. Due to the malicious filing of this instant suit, Defendants have
hired the services of the undersigned counsel for an agreed
amount of Philippine Pesos: One Hundred Thousand (PHP
100,000.00) and have suffered sleepless nights and besmirched
reputation which when quantified in monetary terms is in the
amount of Philippine Pesos: One Hundred Thousand (PHP
100,000.00)

PRAYER
WHEREFORE, in view of the foregoing, Defendant most
respectfully prays for the dismissal of the complaint and the award of
counterclaim.
Other reliefs are likewise prayed for.
February 25, 2013. Cebu City, Philippines.
VERIFICATION/CERTIFICATION
I, ARTURO CHOI, of legal age, Filipino, after having been duly
sworn to in accordance with law, hereby depose and say, that:
2

I have caused the preparation of the said Answer with Affirmative

Defenses and Counterclaim; I have read, and know the contents thereof;
the allegations therein are true and correct of my own knowledge and
belief;
In connection with the Counterclaim, I certify to the truth and the
following facts and undertakings:
a) The defendant has not commenced any other action or
proceedings involving the same issues in the Supreme Court,
the Court of Appeals or any other tribunal or agency;
b) To the best of my knowledge, no such action or proceedings is
pending in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;
c) If I should thereafter learn that a similar action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within
five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th
day of February 2013 at Cebu City, Philippines.
ARTURO CHOI
Affiant
SUBSCRIBED AND SWORN TO before me on the date and in the place
above-written, with affiant exhibiting to me his Community Tax
Certificate No. 6981031 issued on January 13, 2013 at Cebu City and
Drivers License No. L02-06-21147403 issued by LTO Cebu, to expire on
July 7, 2014. I hereby certify that I have personally examined the affiant
and am convinced that he executed and fully understood the contents of
the foregoing affidavit

Page No.: 7
Book No.: I
01-09-2012
Series of 2013

ATTY. CLEMENTE I. BEAUTY

Roll No. 64336Doc No.: 31
PTR No. 558899;
01-02-13;D.C.
IBP Life Member Roll 453778
MCLE Compliance No. III-986655;
Issued at Cebu City

ATA-LABISIG-DIAMBRANG LAW OFFICE

Unit 404, 4th Floor, The Gregorian Bldg.
2178 Osmena Blvd, Cebu City
Tel. No.: (02) 353 8269
E-mail: info@atlabrang-lawoffice.net
BY:
ATTY. WELLA JANE D.ATA
Counsel for the Plaintiff
Roll No. 62254
IBP Lifetime No. 012243
PTR No. 2526871; 01/07/14; Cebu
MCLE Compliance No. N/A (signed roll 4/26/13)
ATTY. HANSARD C. LABISIG
Counsel for the Plaintiff
Roll No. 59212
IBP Lifetime No. 012260
PTR No. 2526872; 01/07/2014; Cebu
MCLE Compliance No. IV-0019395; 29 April2013
ATTY. JALAINI DIAMBRANG
Counsel for the Plaintiff
Roll No. 675879
IBP Lifetime No. 012260
PTR No. 2526872; 01/07/2014; Cebu
MCLE Compliance No. IV-0019395; 29 April2013
Doc. No. : 30
Page No.: 6
Book
: I
Series of 2013
Copy Furnished:
ATTY. ALEJANDRINA BALBUENA
Carollo, Mandantes, Balbuena Law Firm Suite 203, LandCo Bldg. , Bajada
Street, Cebu City
Explanation: A Copy of this document was served through registered
mail due to lack of material time and personnel.