REPUBLIC OF THE PHILIPPINES

National Capital Region

METROPOLITAN TRIAL COURT
Makati City, Branch x

BANK OF LUZON
​ ​ ​ ​Plaintiff,

​-versus- ​ ​ ​ ​ ​ ​CIVIL CASE

NO. ____
​ ​ ​ ​ ​ ​ ​ ​FOR SUM OF
MONEY ​

JOSE REYES
Customer No. XXXXXXXXXXXXX
​ ​ ​ ​Defendant
X-------------------------------X

COMPLAINT
PLAINTIFF, BANK OF LUZON (herein after referred
to as “BL”) by counsel to this Honorable Court
respectfully states that:

1. Plaintiff BL is a domestic corporation duly

organized and existing under and by virtue of

Philippine laws, with principal business address

at 5 floor, BL Card Center Building, 8753 Paseo
th

de Roxas, Makati City. It is represented by the

affiant signatory to the verification and
certification who has been appointed by the
Board of Directors as its duly authorized
representative to the file this case and to
represent it in all court proceedings. Hereto
attached as Annex “A” is the Secretary’s
Certificate incorporating the Board Resolution
passed to that effect.

2. Defendant JOSE REYES is Filipino, of legal age,

whose addresses are at 1). Apple Village
Talisayan 4 Dasmariñas Cavite, 2) Banana &
Visitors Corp., 5/F Legaspi Tower 400 V. Cruz
Street cor Roxas Blvd., Manila, where he may be
served with summons and other court process.

3. Plaintiff BL issues credit cards using a card

operating system that is both information security
and quality management compliant as certified by
the British Standard Information Security
Management System and International Standard
 Organization for Quality Management System.

4. Through its credit card system, plaintiff extends

credit accommodations to its cardholders for the
purchase of goods and other services from
accredited establishments and availment of cash
advance/s from authorized branches or
Automated Teller Machines (ATMs) to be paid
later on by the cardholders;

5. Defendant was issued BL Credit Card under

Customer No. XXXXXXXXXXXXXXXXX upon his
acceptance of the terms and conditions
governing the issuance and use of the BL credit
card. Certified Xerox copies of the signed
Cardholder Information Sheet and BL Delivery
Receipt are hereto attached as Annexes “B” and
“C”

6. By the terms and conditions governing the

issuance and use of a BL Card, defendant
undertook to pay all changes incurred through
the use of the aforesaid card within the period of
twenty (20) calendar days from the defendant’s
assigned cut-off date without the necessity of
demand. The cardholder is given the option to
pay the amount billed in full or the minimum
payment required in the statement of account.
Should the cardholder opt to pay the minimum
payment, a finance charge of 3.25% based on
the average balance is added to the account.
Additionally, in case of defendant’s failure to pay
on the due date indicated in the billing statement,
the unpaid balance shall be subject to late
 payment charge at the rate of 6% for every
month or a fraction of a month’s delay;

7. Defendant availed himself of such credit

accommodation by using the said BL Card issued
to him.

8. Through the use of his aforesaid credit card,

defendant had incurred credit charges, with Total
Outstanding Balance (TOB) of P263,817.11 per
Statement of Account (SOA) dated September 6,
2009, hereto attached as Annex “D”.

9. Defendant failed to comply with his obligation

based on the amount demanded as may be
gleaned from the SOAs dated July 2008 to
August 2009, which are attached hereto as
Annexes “D-1” to “D-14”. The SOAs represent
faithful records of the defendant’s account with
plaintiff as there was no protest whatsoever,
notwithstanding receipts hereof by the defendant

10. The plaintiff made several verbal and written

demands on the defendant for the payment of his
credit card, by sending him demand letters and
also the pertinent statements of account showing
the amount owed and the date required payment
is due from him. Notwithstanding the defendant’s
receipt of these demands, he unjustifiably
refused and failed, as he unjustifiably continues
to refuse and fail to pay his plainly just, valid,
outstanding and overdue obligation to the
plaintiff. Photocopies of the demand letters sent
by personal delivery are hereto attached as
 Annexes “E” and “F”.

11. In view of the defendant’s willful, unjustified and

continued failure and/or refusal to pay his
outstanding, overdue and unpaid obligation, the
plaintiff was constrained to engage the services
of the undersigned counsel to protect its interests
for an agreed attorney’s fees equivalent to 25%
of the total amount due, exclusive of appearance
fee, for every court hearing, which expenses
should be reimbursed by the defendant to
plaintiff.

PRAYER

​ HEREFORE, plaintiff respectfully prays that

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judgment be rendered against defendant ordering him
to pay plaintiff, as follows:

1. The amount of PhP 263,817.11 as of September

6, 2009 plus finance charge at the rate of 3.25%
and late payment charge at the rate of 6% per
month from October 5, 2009 until the total
obligation is fully paid;

2. Attorney’s fee equivalent to twenty five percent

(25%) of the total obligation due and demandable
exclusive of appearance fee for every court
hearing; and

3. The costs of suit

Further, plaintiff prays for other just and equitable
relief.

Makati City, September 15, 2009

FE LAUREL
Counsel for the Plaintiff
5 Zamora St. Pasay City
IBP No. XXXXX-Pasay City-1/12/09
PTR No. XXXXXX-Pasay City-1/12/09
MCLE Compliance No. II-XXXXXX-08/26/08
Roll No. 33453
 VERIFICATION AND CERTIFICATION

I, MEL VELEZ, of legal age, Filipino with office and

postal address at 5 floor BL Card Center, 8753
TH

Paseo de Roxas, Makati City, after having been sworn

in accordance with law, hereby depose and say that:

1. I am a Manager of plaintiff-corporation in the

above-entitled case and am authorized by plaintiff
corporation to file this compliant; I caused the
preparation of the foregoing Complaint for Sum of
Money and I have read and understood the
contents thereof and the allegations contained
therein are true and correct based on authentic
records in our possession

2. pursuant to Supreme Court Administrative

Circular No. 04-94, I hereby certify that Plaintiff
has not therefore commenced any other action or
proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any
other tribunal or agency, and to the best of mu
knowledge, no such action or processing is
pending in the Supreme Court, the Court of
Appeals or any tribunal or agency, and if I 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, I undertake to report that
 within five (5) days therefrom;

MEL VELEZ
Affiant

​
SUBSCRIBED AND SWORN to before me this ____ day of ____ 2009, at
_____________, affiant exhibiting to me her CTC No. 03861181 issued at Manila on March 6,
2009 and Passport No. UU670597, thus satisfactorily having proven her identity to me.

Doc No. ____

Page No. _____
Book No. _____
Series of 2009

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
MAKATI CITY, BRANCH x

BANK OF LUZON
​ ​ ​ ​ ​Plaintiff,
​

​-versus- ​ ​ ​ ​ ​ ​CIVIL CASE

NO. xxxx
​ ​ ​ ​ ​ ​ ​ ​For: SUM OF
MONEY

JOSE REYES
Customer No. xxxxxxxxxx
​ ​ ​ ​ ​Defendant,
x---------------------------------------------------x
 AFFIDAVIT

​I, MARIBEL A. CRUZ, of legal age, and resident

of 20 Altura St., Sta. Mesa Manila, after having duly
sworn to in accordance with law, hereby depose and
say that:

​1. ​I am an Account Specialist of Bank of

Luzon, (hereafter referred to as “BL”) a corporation
engaged in the credit card business under the name
and style “BL Card” and with principal office at Paseo
de Roxas, Makati City.

​ .
2 ​As Account Officer presently assigned with
the Collection/Legal Department of the corporation, I
handle the records and monitor payments of
delinquent cardholders, send demand letters to them,
and actively participate in the collection of the
obligations of the cardholders. I have also been
authorized to represent the corporation in court cases
involving collections as may be gleaned from by
Special Power of Attorney issued by the said
corporation, which is hereto attached as Exhibit “A”
and Corporate Secretary’s Certificate as Exhibit “A-1”.

​ .
3 ​In the course of the performance of my
duties, functions and responsibilities as Account
Officer of the corporation, I came to know that Jose
Reyes applied with the corporation for the issuance of
BL Card under Customer Number xxxx-xxxx, became
some of the delinquent accounts that I am handing
and monitoring.

​A copy of the BL signed Application Form is

hereto and made an integral part hereof and marked
as Exhibit “B” and signature of the defendant Jose
Reyes who applied for BL Credit Card is bracketed
and marked as Exhibit “B-1”.

​ copy of the BL Credit card package delivery

A
receipt is hereto attached and made an integral part
hereof and marked as Exhibit “C” and the name and
signature of the defendant Jose Reyes marked the
said Delivery Receipt is attached and marked as
Exhibit “C-1” and the terms and conditions for the
issuance and use of the BL card issued to the
defendant is marked as Exhibit “C-2”.

​4. ​As part of the terms and conditions for the

issuance and use or availment of the BL card issued
to the defendant, the latter expressly agreed that she
will keep track of her total obligations with the plaintiff
so as not to exceed the approved credit limit. ​In
addition, he also expressly agreed to pay the plaintiff,
without necessity of demand, on the date indicated in
the monthly statement of account containing a
summary of all purchase/charges made through the
use of said credit card. He further expressly agreed
that the said charges or balance thereof, remaining
unpaid after the due date indicated in the statement of
account shall bear a finance charge at the rate of
3.5% based on the average balance and a late
payment charge at the rate of 6% for every month or
a fraction of a month’s delay.

​ .
5 ​On several occasions, the defendant
through the use of his BL card, purchased goods
and/or services on credit as shown by the
Ledgers/Monthly Statements of Account sent to her
which are hereto attached and made integral parts
hereof as follows:

The Ledger of Account dated September 06, 2009

with total amount due in the sum of P263,817.11
marked as Exhibit “D”.

The Ledger/Statement of Account dated July 06, 2008

with total amount due in the sum of P100,150.88
marked as Exhibit “D-1”.

The Ledger/Statement of Account dated August 08,

2008 with total amount due in the sum of P104,
902.87 marked as Exhibit “D-2”.

The Ledger/ Statement of Account dated September

07, 2008 with total amount due in the sum of
P100,518.27 marked as Exhibit “D-3”.

The Ledger/ Statement of Account dated October 05,

2008 with total amount due in the sum of P103,438.53
marked as Exhibit “D-4”.

The Ledger/ Statement of Account dated November

05, 2008 with total amount due in the sum of
P109,413.11 marked as Exhibit “D-5”.

The Ledger/ Statement of Account dated December

07, 2008 with total amount due in the sum of
P116,131.47 marked as Exhibit “D-6”.

The Ledger/ Statement of Account dated January 05,

2009 with total amount due in the sum of P121,543.86
marked as Exhibit “D-7”.

The Ledger/ Statement of Account dated February 05,

2009 with total amount due in the sum of P156,607.37
marked as Exhibit “D-8”.

The Ledger/ Statement of Account dated March 06,

2009 with total amount due in the sum of P169,259.02
marked as Exhibit “D-9”.

The Ledger/ Statement of Account dated April 06,

2009 with total amount due in the sum of P182,954.60
marked as Exhibit “D-10”.

The Ledger/ Statement of Account dated May 05,

2009 with total amount due in the sum of P195,661.68
marked as Exhibit “D-11”.

The Ledger/ Statement of Account dated June 07,

2009 with total amount due in the sum of P211,588.04
marked as Exhibit “D-12”.

The Ledger/ Statement of Account dated July 05,

2009 with total amount due in the sum of P227,776.30
marked as Exhibit “D-13”.

The Ledger/ Statement of Account dated August 05,

2009 with total amount due in the sum of P244,804.24
marked as Exhibit “D-14”.

​6. ​Because the defendant defaulted on his

obligation for the use of his credit card, demands
were made for his to failure to pay his obligation, a
copy of demand letter dated August 17, 2009
addressed to defendant Jose Reyes and received by
guard Ruel and August 26, 2009 addressed to
defendant Jose Reyes and received by Defendant
himself are hereto attached and made an integral part
hereof as Exhibit “E”,”E-1,”E-2” and “E-3” respectively.

​ .
7 ​As a consequence thereof, plaintiff
engaged the services of its external counsel, Atty. Fe
Laurel, for which the plaintiff agreed to pay 25% of the
total amount due as and by way of attorney’s fees for
the purpose of enforcing its claim against the
defendant.

​ .
8 ​Thus, the plaintiff through the above-
mentioned counsel, filed complaint against Jose
Reyes, and docketed as Civil Case No. xxxx which is
pending before Metropolitan Trial Court in Makati City,
Branch x.

​IN WITNESS WHEREOF, I have hereunto set my

hand this ____ day of ____ 2010 at Makati City.

​ ​ ​ ​ ​ ​ ​ ​ ​MARIBEL
CRUZ
​ ​ ​ ​ ​ ​ ​ ​ ​ Affiant
​
​SUBSCRIBED AND SWORN to before me in the
City of Makati this ____ day of ____ 2010, affiant
exhibited to me her Comm. Certificate No. 03861183
issued at Manila on March 4, 2009.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2010.

REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region
METROPOLITAN TRIAL COURT
 Makati City, Branch 61

BANK OF LUZON
​ ​ ​ ​Plaintiff,

​-versus- ​ ​ ​ ​ ​ ​CIVIL CASE

NO. XXXXX
​ ​ ​ ​ ​ ​ ​ ​FOR SUM OF
MONEY ​

JOSE REYES
Customer No. XXXXXXXXXXXXXXXXX
​ ​ ​ ​Defendant
X-------------------------------X

JUDICIAL AFFIDAVIT

​Purpose of the testimony: Plaintiff, BANK OF

LUZON is presenting the testimony of MIKE
SANTOS, to prove that defendant Jose Reyes
personally received the demand letter sent by FE
LAUREL & ASSOCIATES on behalf of plaintiff bank
sometime last 29 August 2009.

​MIKE SANTOS, of legal age, Filipino, a Liaison

staff at FE LAUREL & ASSOCIATES, with office
address at 5 Zamora Street, Pasay City, after having
been sworn in accordance with law and fully
conscious that I do so under oath and that I may face
criminal liability for false testimony or perjury nu way
of answers to the questions propounded to be by Atty.
Marian Elena C. Ramiro, with office address at 5
Zamora Street, Pasay City, do hereby depose and
state:

Q1: ​Mr. Witness, you mentioned that you are

Liaison staff at FE LAUREL & ASSOCIATES;
as such, what your duties and
responsibilities?

A: ​I am assigned to coordinate with various

private companies and as well as
government agencies and undertake the
delivery of demand letter delinquent credit
cardholders of Bank of Luzon. In addition, I
also monitor the results of the delivery of
letters to said cardholders and our office
maintains records thereof.

Q2: ​In the course of your monitoring letters

delivered to delinquent cardholders and
maintaining records thereof, do you recall
the name of Jose Reyes in your records?

A: ​Yes, Ma’am.

Q3: ​What information do you have in your records

regarding said Jose Reyes?

A: ​According to our records, by personal service I

served a demand letter to Jose Reyes
sometimes last August 29, 2009. I have the
Field Visit Checklist which was filled up at
the end of the day and I request that it be
marked as Exhibit “G”
Q4: ​I am showing to you a demand letter dated
August 26, 2009 addressed to Jose Reyes of
Dasmariñas Cavite marked as Exh. “F-2”.
Are you familiar with this letter?

A: ​Yes Ma’am, that’s the receiving copy of the

letter which was delivered to Jose Reyes.

Q5: ​In the receiving copy a, name J Reyes and

signature are indicated herein. Do you know
whose name and signature this belongs to?

A: ​Yes Ma’am,

Q6: ​How did you know that he is Jose Reyes?

A: ​When he received the said letter and he signed

in front of me.

​IN WITNESS WHEREOF, I have hereunto set my

hand this ________ of February 2013 at Pasay City.

​ ​ ​ ​ ​ ​ ​ ​ ​MIKE
SANTOS
​ ​ ​ ​ ​ ​ ​ ​ ​Affiant
 ATTESTATION

​I, ATTY. FE LAUREL, of legal age, with office

address at 5 Zamora St., Pasay City, do hereby certify
that:

I​ propounded question to MIKE SANTOS and

faithfully recorded or caused to be recorded the
questions I asked and the corresponding answers that
MIKE SANTOS gave, as above stated.

​Neither I nor any other person then present or

assisting him coached him regarding the latter’s
answers.

I​ N WITNESS WHEREOF, I have hereunto set my

hand this ____ day of February 2013 at Pasay City.

​ ​ ​ ​ ​ ​ ​ ​ATTY. FE
LAUREL

​SUBCRIBED AND SWORN to before me this

____ day of ______ 2013, at ______, affiants
exhibiting to me their respective competent evidences
of identity: MIKE SANTOS, his SSS No. XXXXXXXX
and FE LAUREL, her Driver’s License No.
XXXXXXXXX, thus satisfactorily having proven their
identities to me.
DOC NO: _____
DOC NO: _____
PAGE NO: _____
BOOK NO: _____
SERIES OF 2013

METROPOLITAN TRIAL COURT

Makati City, Branch x

BANK OF LUZON
​ ​ ​ ​Plaintiff,

​-versus- ​ ​ ​ ​ ​ ​CIVIL CASE

NO. xxxxx
​ ​ ​ ​ ​ ​ ​ ​

JOSE REYES
​ ​ ​ ​Defendant
X-------------------------------X

ANSWER

​DEFENDANT, thru the undersigned counsel and

unto this Honorable Court, most respectfully avers
that:

1. The allegations in paragraphs 1, 2, 3, 4, 5 and 7

of the Complaint in so far as it pertains to his
personal circumstances and the fact the
defendant applied for and was issued a credit
card by the complainant are hereby ADMITTED.

2. Paragraphs 6, 8, 9, and 10 are specifically

DENIED, the truth of the matter being those
stated in the special and affirmative defenses
 indicated below.

3. The rest of the averments, are DENIED for lack

of knowledge or information sufficient to form a
belief as to their truth of falsity.

SPECIAL and AFFIRMATIVE DEFENSES

4. The Terms and Conditions for the use and

availment of BL Credit Card was never fully
explained by the complainant to the defendant
considering that the provisions are difficult to read
and understand.

5. the defendant denies having received and

demand letter from the complainant and as such,
he should not be considered to have defaulted in
payment.

6. The amount of Two Hundred Sixty Three

Thousand Eight Hundred Seventeen Pesos and
Eleven Centavos (P263,817.11) being claimed by
the plaintiff is being disputed by the defendant
considering that his credit card limit is only
P90,000 and the defendant did not utilize the
credit card to its maximum limit. Thus, the
accrued interest and penalties of around
P180,000.00 is excessive and unconscionable
under the circumstances.

7. Defendant has been making payments on his

obligations with the plaintiff. However,
considering the financial difficulties by the
 defendant at present, he was expecting a
restructuring of his unpaid balances since he had
already approached the plaintiff to ask for
assistance to settle his obligations.

8. Defendant does not have the slightest intention of

evading whatsoever his obligation to the plaintiff.
It is a matter of simple accounting of records
between his and the plaintiff and a restructuring
of the loan if possible. Hence, the instant case,
should the same push through, may be coursed
through mediation proceedings for the purpose.

PRAYER

​ HEREFORE, considering the precipitate filing

W
of this case, defendant respectfully moves for the
dismissal of the complaint.
​Defendant further prays for such other relief just
and equitable in the premises.

Makati City, 28 May 2010.

ANTHONY CRUZ
Counsel for the Defendant/s
Roll of Attorney’s No. 57359
IBP No. 810801/01-09 10/RSM
MCLE Compliance number (N/A)
Compliance period up to April 2010 per
MCLE Governing Board No. 1, s. 2008
 VERIFICATION

​I, JOSE REYES, after being sworn in accordance

with law, depose and say: that I am the defendant in
the above-entitled case; that I have caused the above
Answer to be prepared and I have read and know the
contents thereof and the allegation therein are true of
my personal knowledge

​SUBSCRIBED and sworn to before me in Makati

City, this 28 day of May 2010 by JOSE REYES with
th

HDMF Transaction Card No. 1040-0021-5864 issued

at Makati City on October 11, 2008.

Atty. Joseph Zamoras

 Registry Receipt
Post Office _____________________
Letter /Package No_____________________
Posted on _____________________
Preserve this receipt for reference in case on inquiry

Copy Furnished:

FE LAUREL
Counsel for the Plaintiff
5 Zamora St., Pasay City

SERVICE EXPLANATION

For lack of messenger, a copy of this Answer was

sent by registered mail with return card to Atty. FE
LAUREL

​ ​ ​ ​ ​ ​ ​ ​TONY PEREZ
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL REGION

METROPOLITAN TRIAL COURT

BRANCH XX, MAKATI CITY

BANK OF LUZON,
Plaintiff,
​ ​ ​
- versus -
Civil Case No. ____________
JOSE REYES,
​ Defendant.
x-------------------------------------------------x
 JUDICIAL AFFIDAVIT

Witness:
JOSE REYES, of legal age, Filipino, and resident of Apple Village, Dasmarinas Cavite.

Examining Lawyer:
MARIA R. DELA CRUZ
th
6 floor Makati City Hall Building,
Poblacion, Makati City

Place of Examination:
Public Attorney’s Office, Makati District
th
6 floor Makati City Hall Building,
Poblacion, Makati City

Formal Offer: Your Honor, we are offering the

testimony of Defendant Jose Reyes who will be
testifying to refute the material allegations in the
complaint of Bank of Luzon (BL) against him.
Defendant, in the course of his testimony, will identify
documents pertinent to this case and will also testify
on other allied matters.

​I, JOSE REYES, of legal age, Filipino, married,

and a resident of Apple Village, Dasmarinas, Cavite,
after having been duly sworn to in accordance with
law, hereby states that:

I am answering the questions propounded by my

counsel, Atty. Maria R. Dela Cruz of Public Attorney’s
Office, Makati District, fully conscious that I am under
oath and that I may face criminal liability for false
testimony or perjury;

​ his Judicial Affidavit is written in English, a

T
language known and understood by me, and the
examination and execution thereof were done at the
Public Attorney’s Office, Makati District, 6 th
floor
Makati City Hall Building, Poblacion, Makati City; and

​ his Judicial Affidavit shall serve as my direct

T
testimony in this case.

1. Q: Please state your name and other personal

circumstances.
A: I am JOSE REYES, of legal age, Filipino,
married, and a resident of Apple Village,
Dasmarinas, Cavite.

2. Q: Are you the same JOSE REYES, who is the

defendant in civil case no. xxxxx for collection of
sum of money filed by the Bank of Luzon?
A: Yes, Ma’am.

3. Q: Why are you here in court today, Mr. Witness?

A: To give my testimony in connection with the
instant case filed against me by BL, Ma’am.

4. Q: Do you remember having been issued a credit

card by the Bank of Luzon?
A: Yes, Ma’am.

5. Q: When were you issued a credit card by the

BL, if you could still recall?
A: Sometime in the late 90’s, Ma’am.

6. Q: When you were issued a credit card by BL,

how much was your credit limit, if you could still
recall?
A: I can no longer remember the exact amount,
but I am quite sure that my credit limit increased
 from the time it was issued to me. The latest
being Ninety Thousand Pesos (P90,000).

7. Q: Why is your credit card limit increased?

A: Most likely because I am a good client.

8. Q: Now, what did you do with the BL credit card

issued in your favor?
A: I used it in my purchases.
​
9. Q: And what did you do after you used said BL
credit card issued in your favor?
A: I religiously paid my obligation with BL on
time.

10. Q: Would you recall an instance when you failed

to religiously pay your dues for having used your
BL credit card in your purchases?
A: Only in 2009 when I began experiencing
financial difficulty that I was not able to pay my
dues with BL. The factors that contributed thereto
were when my mother and two siblings fell ill and
I had to finance their medications.
Notwithstanding the financial difficulty I
experienced and continue to experience at
present, I made payment though not for the
whole amount in order to somehow reduce my
obligation with BL.

11. Q: When was the last time you made payment

in favor of BL?
A: Sometime in 2010. I made payments from
time to time though as I have said earlier, they
are not in full as I really found it difficult to pay the
 amount in full considering the financial quandary I
am in, Ma’am.

12. Q: What is your proof that you made payments

in favor of BL from time to time?
A: I have here copies of bank validations which
tend to show that I have paid BL on various
occasions, Ma’am

Manifestation: Witness at this juncture handed to this

representation several documents which appear to be
copies of bank validations showing payment in
various amounts on various occasions. First is
documentation which appears to be part of a billing
statement sent by BL to herein defendant, this
document has a bank validation which shows that
Jose Reyes paid the amount of P1,000.00 on 29
December 2009 credit card number xxxxxxx. We
would like to manifest Your Honor that this document
was marked during the Pre-Trial as Exhibit “1” for
the defense. Next is another document which has a
bank validation which shows that Jose Reyes paid the
amount of P2,000.00 on 27 April 2009 for credit card
number xxxxxxxx. We would like to manifest Your
Honor that this document was marked during the Pre-
Trial as Exhibit “2” for the defense. Next is another
document which has a bank validation which shows
that Jose Reyes paid the amount of P1,000.00 on 16
November 2009 for credit card number xxxxxxx. We
would like to manifest Your Honor that this document
was marked during the Pre-Trial as Exhibit “3” for
the defense. The fourth document contains a bank
validation which shows that Jose Reyes paid the
amount of P1,500.00 on 10 March 2010 for credit
card number xxxxxxx. We would like to manifest Your
Honor that this document was marked during the Pre-
Trial as Exhibit “4” for the defense. In view of the
previous markings made o these documents as wel
as the identification of the same made by the
defendant, may we move Your Honor that the marking
made on these documents be maintained as such.

13. Q: Considering that you were not able to pay

the full amount of your outstanding obligation with
BL, what happened to it?
A: I noticed that it almost doubled due to the high
amount of finance charges and late payment
charges BL imposed, Ma’am.

14. Q: How much finance charges and late payment

charges did they impose Mister Witness?
A: They imposed 3.25% financial charges on my
unpaid account every month plus late payment
charge of 6% of the amount due for every month
or fraction of a month’s delay.

15. Q: What was your reaction when you learned

that such amount of finance charges and late
payment charges were imposed by BL on your
obligation?
A: I was shocked, Ma’am.

16. Q: Why is that, Mr. Witness?

A: Because I did not know they would impose
such excessive financial charges and late
payment charges.

17. Q: In their complaint-affidavit, BL alleged that

 you agreed to pay all charges incurred through
the use of your BL credit card within a period of
twenty days from your assigned cut-off date
without necessity of demand and that should you
opt to pay the minimum payment required in the
statement of account, your unpaid account shall
bear financial charges at the rate of 3.25% per
month and late payment charge of 6% of the
amount due for every month or fraction of a
month’s delay whenever you would fail to pay on
your due date. What can you say about that?
A: That is not true, Ma’am, they did not tell me
about it when they sent me the credit card?

18. Q: But BL also claimed that the imposition of

financial charges amounting to 3.25% and late
payment charge of 6% were expressly provided
for in the Terms and Conditions governing the
Use and Issuance of the BL credit card, which
were printed a he back of the letter supposedly
sent to you together with the credit card, are you
aware of that?
A: No, Ma’am, I am not aware of such terms and
condition attached to the card.

19. Q: Do you recall if there was anyone from BL

who explained to you such terms and conditions
governing the use of BL credit card?
A: No Ma’am. I do not recall anyone from BL
explaining to me said terms and conditions
governing the use of BL Credit Card.

20. Q: How about signing any document containing

the terms and conditions governing the use and
 issuance of the BL Credit Card, do you remember
having signed any such document?
A: No, Ma’am.

21. Q: But are you aware now of such terms and

conditions governing the use and issuance of the
BL Credit Card?
A: Yes, Ma’am. I am made aware of such terms
and conditions only now, when this particular
case was filed against me. To reiterate, no one
from BL explained to me the alleged terms and
conditions. And even if the same was written at
the back of the letter supposedly delivered to me
with the credit card, the provisions therein are
written in so fine prints and in breathlessly long
sentences perhaps for the purpose of being
ignored altogether.

22. Q: Now you said that you became aware of the

terms and conditions governing the use and
issuance of the BL Credit Card only after this
particular case was filed against you, did you find
any provision therein with respect to payment
charges?
A: Yes Ma’am there exists a provision concerning
payment charges but I cannot find anything
therein that states an imposition of financial
charges at the rate f 3.25% per month and the
imposition of late payment charge of 6% of the
amount due for every month or fraction of a
month’s delay.

23. Q: Now Mr. Witness, had the imposition of

financial charges amounting to 3.25% and late
 payment charges of 6% explained to you, would
you have agreed to the same?
A: No Ma’am because the 3.25% financial
charge and 6% late payment charge is just too
much and I believe it’s illegal.

24. Q: Also in the statements of account attached

by plaintiff on their complaint-affidavit, there is an
apparent compounding of interest. Do you
remember having agreed to such compounding
interest of BL?
A: No Ma’am.

25. Q: Now you’re saying that the financial charges

and late penalty charges imposed by BL is too
much, how much charges the do you consider
justified?
A: A total interest of 12% per annum is justified
and there must be no compounding interest
because I believe BL has no basis for its
imposition.

26. Q: What can you say now with respect to the

allegation made by BL to the effect that you have
an outstanding, overdue and unpaid obligation
with them in the amount of two hundred sixty-
three thousand, eight hundred seventeen pesos
and eleven centavos (P263,817.11)
A: That is way too excessive Ma’am. I
acknowledge that I have an outstanding
obligation to BL but not to that extent

27. Q: Why do you say so?

A: My obligation reached that amount because of
 the excessive, iniquitous and unconscionable
interest and fine imposed by BL.

28. Q: BL also claims that by reason of your willful,

unjustified and continued failure and/or refusal to
pay your outstanding, overdue and unpaid
obligation with them, they were constrained to
engage the services of a counsel to protect their
interest, and they want you to pay the attorney’s
fees that is equivalent to 25% of the total amount
due plus their counsel’s appearance fee every
Court Hearing. What can you say about that?
A: I should not be made to pay the fees of their
counsel, Ma’am. If BL incurred expenses in hiring
a counsel for the purpose of filing the instant
case against me, they should be made to bear
the consequence thereof. I did not ask for this
case, all I wanted is a simple accounting of
records between me and BL so that the real
amount of my outstanding obligation be reflected

29. Q: Considering what you have said Mister

Witness, what do you want the Honorable Court
to do with the case filed against you?
A: I hope that this case will be decided with
fairness. I acknowledge that I have an obligation
with BL, I just hope that my obligation be limited
to my principal obligation coupled with a
reasonable amount of interest

30. Q: Do you affirm and confirm the truthfulness

and veracity of all the statements you stated in
this judicial affidavit?
A: Yes Ma’am.
 IN WITNESS WHEREOF, I have hereunto set my
hand this 19 day of February
th

2013 at Makati City

JOSE REYES
Affiant
SUBSCRIBED AND SWORN TO before me this 19th day of February,2013 at the Public
Attorney’s Office in Makati City, Philippines. Affiant exhibiting to me his GSIS
Multipurpose ID No. 123-1234-1234-1

NOTARY PBLIC

ATTESTATION OF COUNSEL

th
I, MARIA DELA CRUZ, single, Filipino, of legal age with office address at 5 floor, new
Makati City Hall Building, JP Rizal St. Poblacion Makati City, after having been sworn to
in accordance with law, hereby attest that:

1. I am the examining lawyer in the foregoing Judicial Affidavit.

2. I faithfully recorded the questions that I asked and the corresponding answers that
the witness gave in his Judicial Affidavit.

3. Neither 1 nor any other peron then present r assisting me coached the witness
regarding the latter’s answer.

​IN WITNESS WHEEOF, I have hereunto set my hand this 12 th

day of February 2013 at
Makati Cty, Philippines
 MARIA DELA CRUZ
Affiant

​SUBCRIBED th
AND SWORN to me this 12 day of February 2013 at Makati City,
Philippines. Affiant exhibited to me here IBP ID with Lifetime Membership NO. 12345

FAY ABRENICA
Copy Furnished:
Atty Fe Laurel