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Form 47 Answer

1) John Depp filed a case for ejectment against Merlyn Gutierrez for failure to pay rent and termination of their lease agreement on December 31, 2019. 2) Merlyn Gutierrez denies that the lease agreement terminated and claims it was extended for another six months. She also denies failure to pay rent and provides receipts showing payment for August to November 2018 and April to June 2019. 3) Merlyn Gutierrez files a counterclaim for Php 50,000 in legal fees against John Depp and requests that the complaint be dismissed and her counterclaim be granted.

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93 views2 pages

Form 47 Answer

1) John Depp filed a case for ejectment against Merlyn Gutierrez for failure to pay rent and termination of their lease agreement on December 31, 2019. 2) Merlyn Gutierrez denies that the lease agreement terminated and claims it was extended for another six months. She also denies failure to pay rent and provides receipts showing payment for August to November 2018 and April to June 2019. 3) Merlyn Gutierrez files a counterclaim for Php 50,000 in legal fees against John Depp and requests that the complaint be dismissed and her counterclaim be granted.

Uploaded by

merlyn gutierrez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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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

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