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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY
Branch 71

BANKARD, INC.,
Plaintiff,

- versus - Civil Case No. 17698


For: Sum of Money

DAVID SANTIAGO,
Defendant.
x-------------------------------------x

ANSWER

DEFENDANT, DAVID SANTIAGO, by himself, and unto this Honorable


Court most respectfully avers:

1. That defendant admits the allegations contained in paragraph 1 and 2


of the complaint filed by the plaintiff;

2. That defendant admits only in part the allegations contained in


paragraph 4 and 5 of the complaint. Defendant admits that Bankard
issued credit card to him under Account Number 5179 8205 0503
5001 but denies that she applied for that card. That card was pre-
approved and was sent to the defendant without requiring from him
any requirement for the approval of the card. Also the Terms and
Conditions Governing Issuance and Use of Bancard Credit Cards can
be barely read and was not explained to the Defendant;

3. That defendant vehemently denies the allegations contained in


paragraph 6 of the complaint. The defendant admits having used the
Bankard myDream JCB card but objects to the amount of
P268,024.78 being demanded by the plaintiff. Plaintiff did not present
any evidence as to how they computed and arrived on the amount
they are now demanding. Truth in fact, Defendant has already made
payments;

4. That defendant likewise partially denied paragraph 7 of the complaint


for want of personal knowledge or information sufficient to form a
belief thereof. Defendant cannot recall that he personally received the
same;

5. That defendant also controverts the allegations contained in


Complaint. Defendant is not running away from his obligation. In fact,
she made several payments, but to her dismay, the unconscionable
interests and other charges imposed by the plaintiff ate up his
payments;

6. That defendant as well denies paragraph 8 of the complaint. He


should not be held liable to pay penalties and other charges for failure
of Bankard to disclose the exact interest and other charges imposable
when the credit card subject of the case was sent to her. Further, the
attorney’s fees should be shouldered solely by the plaintiff for filing
this baseless case.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this


Honorable Court that after due hearing, judgment be rendered dismissing the
above-entitled case for being unfounded, baseless and unmeritorious.

Other reliefs just and equitable under the premises are likewise prayed
for.

20 July 2011, Pasig City.

DAVID SANTIAGO
Defendant

Copy Furnished:

ATTY. MANUEL V ALBANO


Domingo and Molaer Law Offices
Lex Citadel No. 7 La Salle St.
Cubao, Quezon City

VERIFICATION AND CERTIFICATE AGAINST FORUM SHOPPING

I , DAVID SANTIAGO, Filipinos, of legal age, and residing at No. 291 Sto.
Rosario St., Bgy. Plainview, Mandaluyong City , after having been sworn to in
accordance with law depose and state:

1. That I am the defendant of the above case;


2. That I have read personally the allegations of the said case;
3. That I have not filed any case to any other court or any quasi judicial bodies
and if I have filed a case of the same nature and allegations I will
immediately inform the court for such filing.

SUBSCRIBED AND SWORN to before me this 20th day July 2011 at Pasig
City, affiant exhibiting to me his Driver’s License with No. N17-82-003149
which expires on April 07, 2014.

ATTY. CARMELA B.NIERVA


Public Attorney II
Pursuant to R.A. 9406
EXPLANATION
( Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

The foregoing ANSWER is being served by registered mail, personal


service is not being practicable due to the distance between the counsel and
the defendant.

DAVID SANTIAGO
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 70
CITY OF PASIG

ASIA UNITED BANK,


Plaintiff,

- versus – CIVIL CASE NO. 11436


For: SUM OF MONEY
ELVIRA L. LAVARA

Defendant.
X----------------------------------------------X

ANSWER

DEFENDANT, by herself unto this Honorable Court, most respectfully

states:

1. That defendant admits the allegations contained in paragraphs 1 and 2

of the complaint;

2. That defendant does not admit the allegations contained in paragraph 3

of the complaint for lack of sufficient knowledge to form a belief thereof.

The defendant has her friend settling her obligation with the plaintiff

because she was indeed the one who benefited in the proceeds of the

loan. The defendant never been informed verbally or through letter by the

plaintiff that the monthly amortization were no longer paid;

3. That defendant is only at present, financially constrained and she just

requests to allow her to pay her obligation on a monthly installment

basis.

4. That defendant further requests that she will only pay the balance of the

principal amount which is P259,283.43. She will pay P5,000.00 per

month on its first year and P10,000.00 per month on the second year

until fully paid, to commence in October 2011.


Wherefore premises considered, it is most respectfully prayed of this

Honorable Court to dismiss the complaint filed by the plaintiffs and be allowed

to settle her loan amicably. She should not be punished for being so

unfortunate and financially poor at present.

Other reliefs, just and equitable under the premises, are likewise prayed for.

18 March 2011, Pasig City.

ELVIRA L. LAVARA
Defendant

Copy Furnished:

CORTEL LAW OFFICE


(Counsel for the Plaintiff)
Suite 1015, 10F Citiland Condominium 10
Tower I, Ayala Ave., cor H.V. Dela Costa St.,
Makati City
VERIFICATION AND CERTIFICATE AGAINST FORUM SHOPPING

I, ELVIRA L. LAVARA, Filipino, of legal age, married and residing at B47 L-


1 Jovil 3, San Isidro, Rodriguez, Rizal, after having been sworn to in
accordance with law depose and state:

1. That I am the defendant in the above case;

2. That I have read personally the allegations in the said case;

3. That I have not filed any case to any other court or any quasi judicial

bodies and if I have filed a case of the same nature and allegations I will

immediately inform the court for such filing.

ELVIRA L. LAVARA

SUBSCRIBED AND SWORN to before me this _____day March 2011 at


Pasig City, affiant exhibiting to me her BIR ID with TIN 120-898-082 issued on
August 30, 2005.

ROSALIE T. MAZO-ATIENZA
Public Attorney I
Pursuant to R.A. 9406

EXPLANATION
( Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

Plaintiff was served copy of the foregoing Answer by registered mail due
to time and messengerial constraints.

ELVIRA L. LAVARA