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Affirmative Defenses
5. Defendant reiterates, repleads and incorporates by reference
all the foregoing insofar as they
are material and additionally submit that the Complaint should
be dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign
corporation doing business in
the Philippines without a license.
5.2. 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(ANNEX A) was, before its expiration, superceded by a Deed of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 Million Pesos
(PHP1,000,000/00) because
his name and reputation were besmirched by this malicious and
baseless suit.
6.2. Attorneys Fees amounting to One Hundred Thousand Pesos
(P100,000.00)
because he was compelled to secure services of counsel to
vindicate his legal rights.
Crossclaim
7. Defendant reiterates, repleads and incorporates by reference
all the foregoing insofar as they
are material and additionally submit that he is entitled to
indemnity and/or contribution from co-defendant
MANNY LO COH in the event that he is made liable to plaintiff
because co-defendant MANNY LO COH
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VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, BOTTY NGA, of legal age, do hereby state that: I am the
defendant in the case filed by Walang
Kita Company 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 13 March
2012.
BOTTY NGA
Affiant
SUBSCRIBED AND SWORN TO before me this ___ day of March 2012, at
Pasig City. Affiantexhibited to me his Comm. Tax Cert. No.
6986255581, issued on February 14, 2012, at Quezon City
Doc. No. _____Page No. _____Book No. _____Series of 2012
