Professional Documents
Culture Documents
GABBY GUBAT,
Plaintiff
MEGAN OLD,
Defendants.
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ANSW ER
COMES NOW, Defendants MEGAN OLD, by the undersigned counsel, in the above-entitled
case and before this Honorable Court most respectfully submits this ANSWER and aver that:
1. This is a case for Unlawful Detainer founded allegedly on Plaintiffs’ claim of that
defendant’s failed to pay her monthly rentals, specifically from the month of February
up to the present;
2. Defendants received a copy of the Complaint and Summons on September 16, 2018
4. Defendant admit Paragraphs 3 and 4 that she did enter into a contract of lease with
5. Defendant admit Paragraph 5 in so far that she did not pay the plaintiff the amount
due for the said month of February up to the present date due to the defendant
financial problem because the defendant was fired from her work and she is currently
on a job hunting so that she can pay her bills especially the money she owes from the
plaintiff. That the defendant and the plaintiff entered into a verbal contract that the
former will pay the latter, once she can find a job. That the plaintiff agreed with her
6. The defendant deny Paragraph 6 and 7. The demand letter that the plaintiff sent
was not received by defendant personally but instead it was received by her
neighbor. And the plaintiff failed to comply with the three notice rule that is a premise
7. The defendant deny Paragraph 8 of the Complaint for lack of knowledge and
amounts of attorney’s fees agreed upon between the plaintiff and her lawyer.
8. Due to the Complaint filed by Plaintiff with no sufficient bases, herein Defendant
wounded feelings, moral shock, and social humiliation. Defendants are suffering from
pain – both physical and otherwise – and though moral damages may be beyond
amount left to the of discretion of this Court. Our New Civil Code on Damages
specifically provides the following legal bases for this counterclaim of Defendants,
to wit:
“Article 2217. Moral damages include physical suffering, mental anguish, freight,
1. DISMISSING THE CASE for failure to state cause/s of action and violation of the
2.1 Attorney’s Fees since Defendants were compelled to hire the services of
hearing in court;
2.2 Judicial costs and litigation expenses in the sum of Ten Thousand Pesos
Defendants further pray for such other reliefs which are just and equitable under the
premises.
VERIFICATION
AND
I, MEGAN OLD, of legal age, single, Filipino, and with postal address Malaiba, San Jose,
Antique, under oath, depose: I am the defendant in the foregoing case; that I caused the preparation
of the foregoing Answer; that I have read its contents; and that the same are true and correct of my
Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and existing Supreme Court
circulars, I hereby certify that I have not heretofore commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency; and that if I should hereafter learn that
other similar or related actions or proceedings has been filed or is pending before the Supreme Court,
the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5)
IN WITNESS WHEREOF, I have hereunto affixed my signature this September 20, 2018,
MEGAN OLD
Affiant
SUBSCRIBED AND SWORN to before me this January 17, 2019 at the City of Iloilo,
Philippines, Affiant exhibited to me her Philippine Passport with No. P8912413B, Iloilo. I hereby certify
that I have personally examined the affiant and I am satisfied that he voluntarily executed and
A copy of this pleading is served via registered mail, instead of via personal service, on the
adverse counsel due to the distance of his law office address and the lack of field staff of undersigned