REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT OF METRO MANILA
Makati City, Metro Manila
Branch IX

KYLE VANESSA P. FLORES,

Plaintiff,

- versus - Civil Case No. 0000052

For: Unlawful Detainer

HENRY L. SURIGAO,
Defendant.
x---------------------------------------x

ANSWER
(With COUNTERCLAIM)

DEFENDANT, through the undersigned counsel, and in answer to plaintiffs

complaint, respectfully aver:

ADMISSIONS / DENIALS

1. The Defendant admits the averments in paragraphs 2, 3 and partially that of 4 and
5 of the complaint;
2. The Defendant specifically denies the allegation in paragraph 4 of the Complaint,
the truth being that, in the Barangay Lupon, I offered to pay partially the amount
of Php 30,000.00, for the reason that I was laid-off from my job as a call center
agent in September 2009 until to the present, where all the savings I made were
spent for other bills and other daily expenses incident thereto(attached herewith
are the receipts);
3. The Defendant specifically denies the allegation in paragraph 5 of the Complaint,
the truth being that, I asked for a simple consideration by reasons of equity, pity
and grief, that my partial offer be accepted, but was rather denied because another
family was to rent the same apartment in a higher amount and that the amount of
the rent was raised to Php 10,000.00, which I could not afford for now;
4. The Defendant has no knowledge or information to form a belief as to the truth of
the averment in paragraph 5 of the complaint.

AFFIRMATIVE DEFENSES
 5. 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:
5.1. The defendant is willing to pay for now, only that of the partial payment of
the current total of the obligation, as requested for and in consideration of
the fact that he made several job applications and waiting for the results
which will be mailed to the address subject of this case;
5.2. The defendant is willing to pay the plaintiff of the outstanding balance as
soon as his approved personal loan arrives;
5.3. 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 Php 50,000.00.
Other reliefs, just and equitable are likewise prayed for.

Makati City, Philippines, 5 July 2010.

JACABAN, GUEVARRA and ASSOCIATES

Counsel for the Defendant
HENRY L. SURIGAO
Rm. 405 Citiland bldg, City of Makati

By:

JONADHEL P. JACABAN
Assigned Handling Counsel
For the Law Firm
PTR 22222; 02.22.2009; Mla
Lifetime IBP No. 0202335
Roll of Attorneys No: 57542
MCLE Compliance: III-0005255
Issued dated 10th November 2009
 VERIFICATION

I, HENRY L. SURIGAO, Filipino, of legal age, and residing at #105 Camachille

St, Apartment 2-B Makati City after having been sworn in accordance with law, depose
and state that:
1. I am the Defendant in the above-entitled case;
2. I have read and understood the allegations therein and the same are true and
correct of my own personal knowledge and/or based on authentic records;
3. I attest to the authenticity of the annexes hereof;

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of July 2010
at Makati City, Philippines.

HENRY L. SURIGAO
Affiant

SUBSCRIBED AND SWORN TO before me this 5th day of July 2010, affiant

exhibiting to me her SSS ID No. 1234567 issued in Queson City on 03 May 2008.

ATTY. FRANCIS S.
MAGALONA
My Commission expires Dec. 31, 2013
PTR 4839700; 6.22.2005; Mla
Lifetime IBP No. 88888
Roll of Attorneys No: 46251
MCLE Compliance: III-008899
Issued dated 10th October 2006

EXPLANATION

This certifies that personal service was not resorted to for the reason that due to
time, distance and manpower constraints, the same is not practicable.

ATTY. JONADHEL P. JACABAN

Copy Furnished:

ATTY. JAMES L. PRINCIPE

Counsel for the Plaintiff
2165 Tower II Bldg, Pasay City
KYLE VANESSA P. FLORES
Plaintiff
#105 Camachille St, Apartment 2-A Makati City