(Answer with Counterclaims)

(CAPTION)

ANSWER

WITH COUNTERCLAIMS

COMES NOW Defendant _____________, by counsel and unto this Honorable

Court, most respectfully states and avers that:
1. Defendant admits the allegations contained in paragraphs 1, 2, 4, and 5 of
the Complaint;
2. Insofar as paragraphs 6 and 7 are concerned, the best evidence thereof are
the actual stipulations as set forth in Paragraph 7 of the Promissory Note and
Paragraph 11 of the Deed of Chattel Mortgage;
3. Defendant vehemently denies the allegations contained in paragraph 8 of the
Complaint. Defendant's mode of payment of her car loan with the Plaintif
Bank has always been by way of auto-debit of her account with the same
bank under Account No. _____________. To pay of her monthly amortization,
Defendant had continuously and religiously deposited the required amounts
on her said account since April 2002, which was in turn likewise religiously
auto-debited by the Plaintif Bank from month to month;
4. To cover her monthly amortization for July 8, 2004, which was falsely alleged
by the Plaintif Bank to have not been paid, Defendant deposited the amount
of P24,000.00 to her said Account No. _____________ so that it could be autodebited by the Plaintif Bank the following day when the said amortization for
July 2004 became due. Machine copy of deposit slip dated July 7, 2004 in the
amount of P24,000.00 is hereto attached as Annex "1" and made an integral
part of this Answer;
5. To cover her monthly amortizations after July 2004, Defendant likewise
continued to make deposits in her above-said account as follows: P24,000.00

on August 4, 2004; P24,000.00 on September 3, 2004; and another

P24,000.00 on October 5, 2004. The said continuous deposits of P24,000.00
monthly from July to October, 2004 were more than enough to cover her
alleged default of four (4) months. Machine copies of Defendants deposit slips
for the months of August to October, 2004 are hereto attached as Annexes
"1-A" to "1-C" and made integral parts of this Answer;
6. Sometime in July 2004, the attention of the Defendant was called by the bank
that she had not paid her due for July 2004 which she thought was impossible
considering that she had always been paying by way of auto-debit and she
had not failed to deposit the required amount in her account;
7. Defendant immediately visited Plaintif's branch and it was alleged that she
had not signed an auto-debit agreement with the bank, which was ridiculous
considering that the bank had made auto-debits on her account from April
2002 through June 2004. Nonetheless, to ensure that she would not be in
default in the payment of her loan amortization, she paid the amortizations
for July to October, 2004 over the counter in the presence of Plaintif's Branch
Manager _____________. Machine copies of Defendant's Loan Payment Slips:
P13,357.53 on July 9, 2004, P13,357.53 on August 9, 2004, P13,357.53 on
September 10, 2004, and P13,357.53 on October 8, 2004 are hereto attached
as Annexes "2-A" to "2-D", respectively and made integral parts of this
Answer;
8. Defendant's admits the receipt of Plaintif's demand letter dated October 29,
2004 mentioned in paragraph 9 of the Complaint but vehemently denies the
rest of the allegations contained therein, especially Plaintif's malicious denial
of Defendant's payments for the months of July to October 2004;
9. Upon receipt of the said demand letter, Defendant immediately visited the
Plaintif's branch to complain about the said demand letter and to pay her
amortization for November 2004 over-the-counter. However, the said
payment was refused by the Plaintif Bank which insisted on the payment of

the full amount of P289,229.84 as claimed in its demand letter and falsely
claiming that Defendant defaulted in payment of her amortization for four (4)
months, i.e., from July to October 2004. As such, Defendant there and then
requested and demanded for a print-out of her statement of account and
summary of all payments made but the same could not be produced by the
Plaintif Bank and she was even arrogantly told to make her request through
their Manila office;
10.Considering that Defendant has not defaulted in the payment of her
amortizations as previously intimated, there is therefore no factual and legal
basis for the Plaintif's claims and allegations set forth in paragraphs 10, 11
and 12 of the Complaint as well as for the issuance of a Writ of Replevin for
the seizure of the subject motor vehicle from the Defendant;
11.The allegation contained in paragraph 13 (b) of the Complaint as to the
actual value of the subject motor vehicle as only approximately P290,000.00
is specifically denied. The subject motor vehicle is well maintained and is in
good condition and as such it still has an actual market value of
approximately P500,000.00 and therefore, Plaintif's Replevin Bond of only
P580,000.00 should be cancelled and nullified for being grossly insufficient
and deficient;

AS COMPULSORY COUNTERCLAIMS
12.Defendant hereby restates and repleads all the allegations in the preceding
paragraphs by way of reference and incorporation;
13.As a consequence of the malicious and wrongful filing of this entirely baseless
and unjustified action, Plaintif should be made liable to pay Defendant in the
amount of __________________________ (P_____________) per day, by way of
compensatory damages, starting on December 16, 2004 when the Defendant
had been unjustifiably deprived of the possession, use and enjoyment of the

subject vehicle, until actual possession of the subject vehicle is restored to

the Defendant;
14.As a consequence of the malicious and wrongful filing of this entirely baseless
and unjustified action, which is attended by extreme bad faith, lies and
deception, denial of payments made, and the unjustified seizure of the
subject motor vehicle from the Defendant, the latter and her family had
sufered sleepless nights, mental anguish, serious anxiety, severe stress,
wounded feelings, besmirched reputation and social humiliation for which
Plaintif should be made liable for moral damages in the total amount of
__________________________ (P_____________);
15.In instituting this unwarranted and clearly unfounded suit against the
Defendant, Plaintif had acted in a wanton, fraudulent, reckless and
malevolent manner and, by way of example or correction for the public good,
Plaintif should be made liable to pay Defendant exemplary damages in the
total amount of __________________________ (P_____________);
16.As a further consequence of the malicious and wrongful filing of the present
action, Defendant was constrained to hire the services of counsel for a legal
fee

of

__________________________

(P_____________),

plus

__________________________ (P_____________) per court appearance, and to incur

expenses of litigation for which plaintif should be made to pay.

P R AY E R

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that

after hearing on the merits, this Honorable Court issue an Order:
1. Dismissing the Complaint in toto for utter lack of merit;
2. Ordering the immediate re-delivery of the subject motor vehicle to
the Defendant and/or to pay Defendant its actual market value at
the time of dispossession should actual delivery be no longer

possible, plus interest at the rate of five (5%) per month until the
said amount is fully paid;
3. Granting compensatory damages to the defendant in the amount of
__________________________

(P_____________)

per

day

starting

December 16, 2004, until actual possession of the subject motor

vehicle is restored to the Defendant or its actual market value is
fully paid with interest;
4. Granting moral damages in favor of the Defendant in the amount of
__________________________ (P_____________);
5. Granting exemplary damages in favor of the Defendant in the
amount of __________________________ (P_____________);
6. Granting defendant's claim for attorney's fees in the amount of
__________________________

(P_____________)

plus

__________________________ (P_____________) per court appearance,

and the amount of litigation expenses as may be proved during
trial.
Other reliefs just and equitable under the premises are likewise prayed for.
_____________, Philippines, __Date__.

(COUNSEL)

(VERIFICATION)

(CERTIFICATION OF NON-FORUM SHOPPING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL