(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 Plaintiff Bank has always been by way of

auto-debit of her account with the same bank under Account No. _____________. To pay off

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 Plaintiff Bank from month to month;

4. To cover her monthly amortization for July 8, 2004, which was falsely alleged by the Plaintiff

Bank to have not been paid, Defendant deposited the amount of P24,000.00 to her said Account

No. _____________ so that it could be auto-debited by the Plaintiff 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 Plaintiff'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 Plaintiff'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 Plaintiff'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 Plaintiff'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 Plaintiff'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 Plaintiff 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 Plaintiff 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 Plaintiff'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, Plaintiff'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, Plaintiff 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 suffered sleepless nights, mental anguish, serious anxiety, severe stress, wounded

feelings, besmirched reputation and social humiliation for which Plaintiff 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, Plaintiff had

acted in a wanton, fraudulent, reckless and malevolent manner and, by way of example or

correction for the public good, Plaintiff 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 plaintiff should be made to pay.

PRAYER

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