PROTECCIÓN CONTRA LA CONTAMINACIÓN ACÚSTICA

And for this cross claim against co-Respondent REMY MURALAGI, answering Respondent further alleges:

1. That Respondent hereby repleads, reiterates, and reproduces all material allegations contained in the foregoing answer with counterclaim;

2. That Respondent MURALAGI should reimburse answering Respondent on any and whatever amount the matter maybe held answerable or which it may be ordered or suffered to pay under and by virtue of the present action in favor of the plaintiff, answering Respondent not having benefited whatsoever from the transactions entered into between Respondent MURALAGI and the plaintiff.

WHEREFORE, premises considered answering Respondent respectfully prays to the Honorable Court to render judgment as follows:

1. By dismissing the complaint against answering Respondent;

2. Answering Respondent prays for such other reliefs as may be just and equitable under the premises.

Makati City, Philippines, December 14, 2010.

JOY MARIE R. GABOR Counsel for the Plaintiff

VDXMB Jubilation, Binan, Laguna Roll of Attorney No. 99XXXXXXXX IBP No 4879555X, Manila

PTR No. 8015258 Jan. 15, 2010, Manila

MCLE Compliance No. 10-0820, Jan,15, 2010

VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING REPUBLIC OF THE PHILIPPINES )

City of Manila ) S.c.

I, JAIME LUGOS PORCIUNCULA, of legal age, Filipino citizen, after having been duly sworn to in accordance with law, do hereby depose and say:

1. That I am the Respondent corporation’s duly authorized representative;

2. That after having been duly sworn to in accordance with law, do hereby depose and say that I have caused the preparation of the foregoing answer with defenses, and the allegations therein are true and correct of my own personal knowledge and/or based of authentic records.

IN WITNESS WHEREOF, I have hereunto set my hands this October 4, 2010 at the City of Makati, Philippines.

JAIME LUGOS PORCIUNCULA Affiant

SUBSCRIBE AND SWORN to before me this 14th _{day of December, 2010, by the}

affiant who exhibited me to his Community Tax Certificate No. 17418658 issued at City of Manila, Philippines on January 6, 2010.

JOY MARIE R. GABOR

Counsel for the Plaintiff

VDXMB Jubilation, Binan, Laguna Roll of Attorney No. 99XXXXXXXX IBP No 4879555X, Manila

PTR No. 8015258 Jan. 15, 2010, Manila MCLE Compliance No. 10-0820, Jan,15, 2010 Doc. No.: 454;

Page No.: 24; Book No. VII Series of 2010.

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT MAKATI CITY, BRANCH 12

DEXTER CAGUI,

Plaintiff,

- versus - Civil Case No. 01

Complaint for Rescission of Contract with Damages REMY MURALAGI and ALMARIO JANDAYAN

GENERAL ENGINEERING, CO.

Respondent.

x---x

ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER

OATH

COMES NOW, the Respondent, through the undersigned attorney and in answer to plaintiff’s complaint, in the above-entitled case, respectfully prays:

1. That Respondent admits paragraph 1, 2, and 3 of the complaint;

2. That Respondent is without knowledge of information to form beliefs as the truth of the averments made in paragraphs 4, 5, and 6;

3. That paragraph 4 of the complaint failed to allege any ultimate fact that would indicate that plaintiff was indeed entitled to the sought rescission of the contract of sale entered into with the Respondent; without said allegation of the ultimate fact, plaintiff’s demand for rescission would be without legal basis and consequently, plaintiff have no cause of action against Respondent;

4. Assuming, arguendo, that the plaintiff was indeed entitled to the rescission, paragraph 4 of the complaint:

a. Failed to allege by what written instrument the latter, presumably during the period of the contract, the particular engine model and other specifications which will uncomplicate the issues;

b. Failed to attached to the complaint as annexes the necessary contract covering the purported sale of the subject engines;

5. That the allegations in paragraphs 5 and 6 of the complaint are not likewise averments of ultimate facts constituting plaintiff’s cause of action;

6. That contrary to the allegations in the complaint, the Respondent records show that no notice for rescission was ever filed by the plaintiff;

7. As consequence of plaintiff’s unfounded claims, which forced Respondent to litigate and protect its interest and to secure the services of a counsel,

Respondent suffered damages in the form of attorney’s fees and other litigation expenses;

COMPULSORY COUNTERCLAIM By way of compulsory counterclaim, answering Respondent alleges:

1. That the allegations in paragraph 1 to 7 of the answer are hereby reproduced and reiterated;

2. That the filing of the malicious and ground less action by the plaintiff against the answering Respondent has besmirched the Respondent corporation’s reputation which should be compensated by way of suffered damages in the form of attorney’s fees and other litigation expenses;

CROSS CLAIM

And for this cross claim against co-Respondent REMY MURALAGI, answering Respondent further alleges:

1. That Respondent hereby repleads, reiterates, and reproduces all material allegations contained in the foregoing answer with counterclaim;

2. That Respondent MURALAGI should reimburse answering Respondent on any and whatever amount the matter maybe held answerable or which it may be ordered or suffered to pay under and by virtue of the present action in favor of the plaintiff, answering Respondent not having benefited whatsoever from the transactions entered into between Respondent MURALAGI and the plaintiff.

WHEREFORE, premises considered answering Respondent respectfully prays to the Honorable Court to render judgment as follows:

1. By dismissing the complaint against answering Respondent;

2. Answering Respondent prays for such other reliefs as may be just and equitable under the premises.

Makati City, Philippines, December 14, 2010.

JOY MARIE R. GABOR Counsel for the Plaintiff

VDXMB Jubilation, Binan, Laguna Roll of Attorney No. 99XXXXXXXX IBP No 4879555X, Manila

PTR No. 8015258 Jan. 15, 2010, Manila

VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING REPUBLIC OF THE PHILIPPINES )

City of Manila ) S.c.

I, JAIME LUGOS PORCIUNCULA, of legal age, Filipino citizen, after having been duly sworn to in accordance with law, do hereby depose and say:

1. That I am the Respondent corporation’s duly authorized representative;

2. That after having been duly sworn to in accordance with law, do hereby depose and say that I have caused the preparation of the foregoing answer with defenses, and the allegations therein are true and correct of my own personal knowledge and/or based of authentic records.

IN WITNESS WHEREOF, I have hereunto set my hands this October 4, 2010 at the City of Makati, Philippines.

JAIME LUGOS PORCIUNCULA Affiant

SUBSCRIBE AND SWORN to before me this 14th _{day of December, 2010, by the}

affiant who exhibited me to his Community Tax Certificate No. 17418658 issued at City of Manila, Philippines on January 6, 2010.

JOY MARIE R. GABOR

Counsel for the Plaintiff

VDXMB Jubilation, Binan, Laguna Roll of Attorney No. 99XXXXXXXX IBP No 4879555X, Manila

PTR No. 8015258 Jan. 15, 2010, Manila MCLE Compliance No. 10-0820, Jan,15, 2010 Doc. No.: 454;

Page No.: 24; Book No. VII Series of 2010.

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT MAKATI CITY, BRANCH 12

DEXTER CAGUI,

Plaintiff,

- versus - Civil Case No. 01

Complaint for Rescission of Contract with Damages REMY MURALAGI and ALMARIO JANDAYAN

GENERAL ENGINEERING, CO.

Respondent.

x---x

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSE AND