REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 12, Makati City

ABC BANK,
Plaintiff,
CIVIL CASE NO. 23457
-versus-
For: Collection of Sum of
Money
SPS. JOHN DOE and JANE DOE,

Defendants.

x------------------------------------------x

ANSWER

DEFENDANT SPS. JOHN DOE and JANE DOE, by counsel respectfully states:

Admissions/Denials

1. Paragraphs 1, 3, and 6 of the complaint are admitted by the defendants.

2. Paragraphs 10 and 11 of the complaint are denied insofar as the defendants has no
knowledge or information sufficient to form a belief as to the veracity of the
averments for the reasons stated in the Affirmative Defenses below.

Affirmative Defenses

3. Defendants reiterates, repleads and incorporates by reference all the foregoing insofar
as they are material and additionally submit that the complaint should be dismissed
on the grounds that:

3.1 The complaint has no cause of action.

3.2 Demand letter was not given to the defendants before filing the said
complaint.

3.3 The credit card was lost and the plaintiff was immediately notified about it
in person and defendants were required to furnish an Affidavit of Loss. A
copy of Affidavit of Loss is hereto attached as Annex “B”.
 3.4 The defendants also wrote a follow up letter for the issuance of new credit
card but it was remain unheeded. A copy of said letter is hereto attached
as Annex “C”.

Counterclaim

4. Defendants 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
malicious and baseless suit, as follows:

4.1 Moral damages amounting to Five Hundred Thousand (PHP 500,000)

because of harassing the defendants by demanding payment.

4.2 Attorney’s fees amounting to Two Hundred Thousand (PHP 200,000)

because defendant was compelled to secure the services of counsel to
vindicate his right.

WHEREFORE, defendants respectfully prays that judgement be rendered

dismissing the complaint and granting defendant’s counterclaim by awarding defendant:
(a) Five Hundred Thousand Pesos as moral damages, and (b) Two Hundred Thousand
Pesos as attorney’s fees.

Other just and equitable reliefs are prayed for.

Makati City, 22 April 2019.

ALFONSO AND ASSOCIATES

Counsel for Defendant
Unit 112 Chatam House
123 Dela Rosa Street
Makati City
Tel Nos. 987-2345
alfonso@yahoo.com

By:
CARLO PABLO ALFONSO
IBP No. 12356874, Makati City
PTR No. 98674, Makati City
MCLE Compliance No. 5647687
Roll No. 12345

COPY FURNISHED through personal service

JUAN DELA CRUZ AND ASSOCIATES

Counsel for the Plaintiff
Unit 1234 Corporate Center
141 Valero St. cor Sedeno St.
Salcedo Village, Makati City
Tel Nos. 123-4567
juandelacruz@jdca.com.ph
 ANNEX A
REPUBLIC OF THE PHILIPPINES)
MAKATI CITY ) S.S.

VERIFICATION/CERTIFICATION

We, JOHN DOE and JANE DOE, Filipinos, of legal age, and with addresses at
Lot 4C Block 5 Greenwest Village, Cainta, Rizal, subscribing under oath, hereby depose
and state that:

1. They are the defendants in the above-stated case;

2. They caused the preparation of the foregoing answer with counterclaim;

3. They have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;

4. They certify that:

a. They have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

b. To the best of their knowledge and belief, no such action proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;

c. If they should thereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, the Court of Appeals,
or any other tribunal or agency, they undertake to report that fact within
five (5) days therefrom to this Honorable Court.

JOHN DOE JANE DOE

Affiant Affiant
 SUBSCRIBED AND SWORN TO before me this 22nd of April 2019 in Makati
City, affiant exhibiting to me their Social Security System ID No. 11-12345678-9 and 22-
87654321-0, respectively.

Doc. No. 3
Page No. 1
Book No. II
Series of 2019.

GLENN ROYENN FABI

Notary Public
Until December 25, 209
IBP No. 986756, Makati City
PTR No. 123435, Makati City
MCLE Compliance No. 5647687
Appointment No. 76
Roll No. 12345
3rd Floor, Macy Tower
Salcedo Village, Makati City
 ANNEX B
Republic of the Philippines)
City of Makati ) S.S.

AFFIDAVIT OF LOSS

I, JOHN DOE, of legal age, Filipino, and with residential address at Lot 4C
Block 5 Greenwest Village, Cainta, Rizal, after having been duly sworn in accordance
with law, hereby depose and state that:

1. I am the owner of the ABC Credit Card under Customer No. 12345,
issued in my favor by said back on June 16, 2015 in Makati City;

2. That I used to put said credit card in my wallet;

3. That sometime on April 20, 2017, when I arrived home from work, I
discovered that said Credit Card was no longer in my wallet;

4. That diligent effort to locate the same proved futile;

5. That in view thereof, I now desire and hereby request ABC Bank to issue
another credit card in lieu of the lost one;

6. I am executing this affidavit to attest to the truth of the foregoing facts,

and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of April
2017 in Makati City, Metro Manila, Philippines.

JOHN DOE
Affiant
 BEFORE ME, appears the person of JOHN DOE presenting the above
Affidavit, who is personally known to me or identified by me through competent
evidence of identity as defined by the Notarial Rules as the person who signs the
document and in my presence taken an oath or affirmation before me as to such
document.

WITNESS MY HAND AND SEAL this day 21 of April, 2017 in Makati City.

Doc. No. 8
Page No. 10
Book No. III
Series of 2019.
GLENN ROYENN FABI
Notary Public
Until December 25, 209
IBP No. 986756, Makati City
PTR No. 123435, Makati City
MCLE Compliance No. 5647687
Appointment No. 76
Roll No. 12345
rd
3 Floor, Macy Tower
Salcedo Village, Makati City
 ANNEX C

May 1, 2017

ABC BANK
Ayala Avenue cor. Paseo de Roxas
Makati city

Dear ABC Bank,

I am the owner of the ABC Credit Card under Customer No. 12345, issued in my favor
by your back on June 16, 2015 in Makati City, that the said credit card was lost.

On April 20, 2017 I submitted an affidavit of loss concerning my lost credit card,
however, to date, I have not heard from your bank. I would like to confirm receipt of my
affidavit and reiterate my request of a new credit card.
Thank you for your consideration.

JOHN DOE
Lot 4C Block 5 Greenwest Village,
Cainta, Rizal