REPUBLIC OF THE PHILIPPINES

Municipal Trial CourtBRANCH 6, CEBU CITY

7TH JUDICIAL REGION

PRIMARY STRUCTURES CONSTRUCTIONCORPORATION,

Plaintiff,

-versus- ARTURO CHOI, and all persons claiming rights under him,

Defendants.x--------------------------------------------------------x

REPLY AFFIDAVIT(RE: 25 February 2015 Counter-Affidavit

of Respondent Arturo Choi)

COMES NOW, the COMPLAINANT, PRIMARY STRUCTURES CONSTRUCTION CORPORATION, represented by AMANDA ROSE TAN-ONG, Filipinos, of legal age, and residents of #65 R. Landon St., Cebu City, Philippines, unto this honorable trial court, most respectfully alleges, in Reply to the Counter-affidavit of Respondent, ARTURO CHOI, copy of which was actually received on 30 February 2014 through courier LBC, that:

1.) Respondent Arturo Choi was not forced to enter into a ‘Kasunduan’ and that there was previous admission from him that he and his family were the ones who have used or benefited the property, which admission gave the legal ground for the Complainant to demand payment of the same. In addition, if and when he was not at fault then, he should not allow himself to pay the amount, as evidenced by a previous rental receipt and a letter written by him, requesting for the extension of the grace period of his payments due;

2.) As evidenced by a deposited amount in possession of the Lupon Tagapamayapa, in the amount of fifty thousand pesos (P50,000.00) instead of the original amount of twenty thousand pesos (P20,000.00) demanded by the Respondent himself, he still retains possession of the disputed property, and his denial of such fact is tantamount to a breach of the settlement agreed upon - that

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CIVIL CASE NO. ______________________FOR: UNLAWFUL DETAINER WITH PRAYER FOR PRELIMINARY MANDATORY INJUNCTION AND DAMAGES

such property be turned over upon payment of the Complainant of the agreed settlement.

3.) Needless to state, the Respondent has knowledge that the property had been sold to herein Complainant, as evidenced by the proof of delivery of the demand letters to vacate from the PHLPOST after disregarding the extended grace period given by herein Complainant.

AND SO, given and based on the above facts, most reputable witnesses, and overwhelming evidences duly presented, it is respectfully prayed of the Honorable Court that Respondent ARTURO CHOI be held liable for UNLAWFUL DETAINER.

25 March 2014 at Cebu City, Philippines.

AMANDA ROSE TAN-ONGAffiant for the Complainant Primary

Structures Corp.

SUBSCRIBED AND SWORN, to before me on the date and place first-above written, affiant declaring under oath that all the allegations in the foregoing Reply- Affidavit are all true and correct. I hereby certify that I have personally examined the affiant and I am satisfied that she voluntarily executed and understood all the contents hereof

Doc. No. ______;Page No. ______;Book No. ______;Series of ______;

ATTY. ALEJANDRA BALBUENANOTARY PUBLIC

UNTIL SEP. 13, 2016ATTY’S ROLL NO 87980

IBP NO. 345654 JANUARY 2013ISSUED AT CEBU CITY

ATA-LABISIG-DIAMBRANG LAW OFFICEUnit 404, 4th Floor, The Gregorian Bldg.

2178 Osmena Blvd, Cebu CityTel. No.: (02) 353 8269

E-mail: info@atlabrang-lawoffice.net

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BY:

ATTY. WELLA JANE D.ATACounsel for the Plaintiff

Roll No. 62254IBP Lifetime No. 012243

PTR No. 2526871; 01/07/14; CebuMCLE Compliance No. N/A (signed roll 4/26/13)

Doc. No. : 30Page No.: 6Book : ISeries of 2013

Copy Furnished:

ATTY. MICHAEL B. SANTOSSantos-Lee-Lim Law Firm Suite 203, LandCo Bldg. , Lahug, Cebu City

Explanation: A Copy of this document was served through registered mail due to lack of material time and personnel.

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