Republic of the Philippines Metropolitan Trial Court City of Iriga Branch 17

ALICE DY YAN, Plaintiff, - versus YOKO NGA, Defendant, x --------------------------------- x ANSWER (WITH COUNTERCLAIM) Civil Case No. 0297 For: Ejectment

DEFENDANT, by counsel, respectfully states that: Admissions/Denials 1. He admits the contents of paragraph 1, 3 and 7. 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 4 and 5 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 paragraph 6 for the reason stated in the Affirmative Defenses stated below. Affirmative Defenses 5. Defendant reiterates, repleads and incorporates by reference all the foregoing in so far as they are material and additionally submit that the Complaint should be dismissed because: 5.1 The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of which is attached as ANNEX 1.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 Hundred Thousand Pesos (PHP 100,000.00) because his name and reputation were besmirched by this malicious and baseless suit. 6.2 Attorneys Fees amounting to Fifty Thousand Pesos (PHP 50,000.00) 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 defendants counterclaim by awarding defendant: (a) One Hundred Thousand Pesos as Moral Damages, and (b) Fifty Thousand Pesos as Attorneys Fees. Other just and equitable reliefs are prayed for. July 11, 2012, City of Iriga

ATTY. VINCENT DANNIE B. BOLO 17 Verbena St., San Francisco, Iriga City Roll No. 0001 P.T.R. No. 0002, 12/31/2012, Manila. IBP No. 0003, 12/31/2012, Manila. MCLE Compliance No. 1234

SUBSCRIBED AND SWORN to before me, this 11th day of July, 2012 in the City of Iriga, affiant exhibiting before me his Community Tax Certificate No. 123456, issued at Iriga City on March 1, 2012.

ATTY. JANE ABLAZA NOTARY PUBLIC for Iriga City 15 Carnation St., DRJVillage, San Nicolas, I.C. Until Dec. 31, 2012 Roll No. 0001 P.T.R. No. 0002, 12/31/2007, Manila. IBP No. 0003, 12/31/2007, Manila. MCLE Compliance No. 1234 Serial No. of Commission: 07-11111 Doc. No. 9; Page No. 8; Book No. I; Series of 2012.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, Yoko Nga, of legal age, do hereby state that: I am the defendant in the case filed by Alice Dy Yan for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiff; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________________

YOKO NGA

SUBSCRIBED AND SWORN to before me, this 11th day of July, 2012 in the City of Iriga, affiant exhibiting before me his Community Tax Certificate No. 123456, issued at Iriga City on March 1, 2012.

ATTY. JANE ABLAZA NOTARY PUBLIC for Iriga City 15 Carnation St., DRJVillage, San Nicolas, I.C. Until Dec. 31, 2012 Roll No. 0001 P.T.R. No. 0002, 12/31/2007, Manila. IBP No. 0003, 12/31/2007, Manila. MCLE Compliance No. 1234 Serial No. of Commission: 07-11111 Doc. No. 9; Page No. 8; Book No. I; Series of 2012.