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Republic of the Philippines

National Capital Region


METROPOLITAN TRIAL COURT
Branch 15, Manila
For
Branch 62
City of Makati
-oOoBANK OF THE PHILIPPINES,
ISLANDS,
Plaintiff,

CIVIL CASE NO. 113341

-versusPEDRO RAUL MERIN MANINGO


Customer No. 0201001107673981,
Defendant.
x--------------------x

ANSWER with AFFIRMATIVE DEFENSE


DEFENDANT through undersigned counsel in answer to the
complaint most respectfully states that:
1.

He admits paragraphs 1, 2 & 3 of the complaint.

2.
He vehemently denies paragraph 4 of the complaint,
because the document marked as Annex B, neither contained
his signature nor his duly authorized representative.
3.
He vehemently denies paragraphs 5, 6 & 7 of the
complaint for lack of knowledge or information sufficient to form a
belief as to the truth thereof.
4.
He admits par. 9 of the complaint with a modification
that he used the subject credit card only once sometime in the
month of September 2014 when he withdrew through BPI ATM
Machine, Ayala Branch, Cebu City the amount of P10,000.00.
5.
He vehemently denies par. 10 of the complaint as to
the allegation that plaintiffs principal claim/amount of demand is
P126, 729.60 allegedly appearing on the Statement of Account 1
dated April 9, 2015 because the truth of the matter is that which
is contained in the preceding paragraph. Moreover, it can be
1

Marked as Annex C.

readily noticed that said Statement of Account neither showed


when and where defendant used the said credit card nor the
payments he made, namely: the amount of P3,000.00 2,
P3,000.003, P4,000.004, P1,000.005 & P1,000.006.
6.
He partially admits par. 11 of the complaint as to the
fact that he paid the amount of P4,000.00 on March 13, 2015 but
vehemently denies that it was his last payment the truth of which
is contained in the preceding paragraph. He also vehemently
denies the authenticity of the Statement of Account for it does
not contain the details of the alleged transaction/s and/or
purchases and penalty if there is any.
7.
He vehemently denies par. 12 of the complaint
because he did not actually receive said demand letter.
8.
He vehemently denies par. 13 of the complaint for lack
of knowledge or information sufficient to form a belief as to the
truth thereof.
9.
AND AS SPECIAL AFFIRMATIVE DEFENSE, defendant
incorporate by reference the foregoing averments material and
relevant hereto and most respectfully states that:
10. The complaint fails to state a cause of action (Section
1, par. g, Rule 16), or that plaintiff has no cause of action against
defendant because the latter has already paid his obligation to
the former.
11. Defendant having paid the total amount of P12,000.00
has already performed his obligation as the same is more than
the amount he withdrew from a BPI ATM Machine which is
P10,000.00 using the credit card.
12. AND BY WAY OF COMPULSORY COUNTERCLAIMS,
defendant incorporate by reference the foregoing allegations
relevant hereto and most respectfully, state that:
13. The filing of this complaint had constrained the
defendant to litigate and to retain the services of the undersigned
counsel for which they agreed to pay P50,000.00 for and as
attorneys fee, in addition to P15,000.00 per hearing as
2
3
4
5
6

Payment
Payment
Payment
Payment
Payment

Receipt
Receipt
Receipt
Receipt
Receipt

of which was lost.


dated January 29, 2015 marked as Exh. 1.
dated March 13, 2015 marked as Exh. 2.
dated June 25, 2015 marked as Exh. 3.
dated August 10, 2015 marked as Exh. 4.

appearance fee. In this litigation defendant had incurred and will


continue to incur other expenses reasonably estimated at
P30,000.00 which must be assessed against the plaintiff.
P R AY E R
WHEREFORE, premises considered, it is most respectfully
prayed of the Honorable Court:
1. To dismiss the instant complaint;
2. And if the same shall proceed to trial, judgment be
rendered:
2.a Ordering plaintiff to pay defendant the sum of
P30,000.00 as litigation expenses;
2.b Ordering plaintiff to pay P50,000.00 for and as
attorneys fee in addition to P15,000.00 per hearing as
appearance fee;
2.c And to pay the costs of the suit
Defendant also prays for such other reliefs and remedies as
may be just and consistent with equity.
Respectfully submitted.
Ormoc City for Manila, February 16, 2016.
Respectfully submitted:
Address: SOLIBAGA LAW OFFICE
Counsel for the Defendant
Pro DeoEt Patria Bldg.,
J. Navarro St., Ormoc City, Philippines
Tel. # (053) 255-7586
Mobile No. 0920-9515993

ATTY. ADELITO M. SOLIBAGA JR.


NC No. ORM-13-12-014 issued on Jan. 2, 2014
Valid until December 31, 2015, issued on January 2, 2014
PTR No. 4482008, 01/07/15, Ormoc City
IBP No. 955400, 01/07/15, Cebu City
Roll of Attorney No. 51625
TIN 207-693-130
MCLE Compliance No. IV-0003621, 12/2/11
Copy furnished via registered mail:

M.C. RAMIRO & ASSOCIATES


2423 Zamora St., Pasay City

VERIFICATION
I, PEDRO RAUL MERIN MANINGO, of legal age, Filipino,
widower and a resident of 54 C Aviles St., Ormoc City, Philippines,
after having been duly sworn in accordance with law, hereby
depose and say:
1. That I am the defendant, in the above-entitled case;
2. I have caused the preparation and filing of this Answer
and that the contents hereof are true and correct of my
own personal knowledge or based on authentic
documents.
IN WITNESS WHEREOF, I hereunto set on ____________
at Ormoc City, Leyte, Philippines.

PEDRO RAUL MERIN MANINGO


Affiant

SUBSCRIBED
AND
SWORN
to
before
_______________, in the City of Ormoc, Leyte.

me

ATTY.ADELITO M. SOLIBAGA JR.

Doc. No. ________;


Page No. _______;
Book No._______
Series of 2016.

Notary Public for the City of Ormoc,


Municipalities of Kananga, Matag-ob,
Merida and Isabel.
NCNo.ORM-15-12-017issuedon12/17/15
Valid until December 31, 2017
PTR No. 4797494, 01/04/16, Ormoc City
IBP No. 0989485, 1/4/16, Cebu City
Roll of Attorney No. 51625
TIN 207-693-130
J. Navarro St., Ormoc City

on