Republic of the Philippines

6TH JUDICIAL REGION

Regional Trial Court
Branch ____
Iloilo City
LIZA H. SOBERANO,
Plaintiff,

CIVIL CASE NO. ____

FOR: Collection for a
Sum of Money with Damages

-versusKATHRYN J. BERNARDO,
Defendant.
x------------------------------------x
ANSWER WITH AFFIRMATIVE DEFENSE
WITH COUNTERCLAIM
Defendant, through the undersigned counsel and unto this Honorable
Court, hereby respectfully states as follows:
1. That defendant ADMITS the allegations in paragraph 1of the
complaint;
2. That defendant ADMITS the allegations in paragraphs 2 and 3 of
the complaint, to the effect that she obtained a loan from the said
plaintiff in the amount of ONE MILLION PESOS (PhP
1,000,000.00), and executed a Promissory Note;
3. That defendant ADMITS the allegation in paragraph 4 to the effect
that a demand letter was sent to her and was able to receive the
same, but also sent a reply to the said plaintiff.
AFFIRMATIVE DEFENSE
1. That on November 25, 2014 before the debt has become
demandable and due, defendant asked the plaintiff for extension of
payment until December 5, 2014, which the plaintiff generously
granted as evidenced by a request for an extension of time to pay
which is hereto attached as ANNEX 1;
2. That on December 5, 2014, defendant has fully complied with the
provision of the promissory note and paid the amount loaned and
even exceeded in paying the interest of the said loan as evidenced

by the Acknowledgement receipt which is hereto attached as

ANNEX 2 hereof.
3. Based on all the foregoing, the plaintiff clearly has no cause of
action against the defendant for the whole obligation has already
been paid.

COUNTERCLAIM
1. That, defendant has exceeded in the payment of the interest loan in
the amount of Php 50,000.00.
2. That, due to unfounded suit filed by the said plaintiff, defendant
suffered sleepless nights, serious anxiety in which case she should
ne awarded moral damages in the amount of Php 50,000.00, and
exemplary damages in the amount of Php30,000.00.
3. That, defendant secured the services of a counsel and paid the
amount of Php 30,000.00 as and by way of attorneys fees.
WHEREFORE, defendant prays for judgment.
1. Dismissing the complaint with costs against the plaintiff; and
2. On the COUNTERCLAIM, ordering plaintiff to pay to defendant
the sum of Php 50,000.00 for the excess of payement of interest;
3. Moral Damages of Php 50,000.00; Exemplary Damages of Php
30,000.00, and attorneys fees of Php 30,000.00.
4. Other reliefs and remedies as may be just and equitable under the
premises are likewise parayed for.
Iloilo City, Philippines, January 5, 2015.

ATTY. LAURENCE SUSAN P. ORTIZ

Counsel for Defendant
Ortiz Law Ofice,Lopez, Jaena St.,
Jaro, Iloilo City
Roll of Attorney No. 44661
PTR No. 22334, Iloilo City, January 17, 2014
IBP No. 44556, Iloilo City, January 10, 2014
MCLE Compliance No. VI-010489

Republic of the Philippines

)
Iloilo City
) S.S.
x--------------------------------------------x

VERIFICATION AND CERTIFICATION

I, KATHRYN J. BERNARDO, legal age, married, Filipino and a resident
of No. 123 Jereos St., La Paz, Iloilo City, Philippines after having been duly
sworn in accordance with law, depose and state that:
1. I am the defendant in the above-stated case;
2. I caused the preparation of the foregoing petition;
3. I 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. I 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;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. 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 fact within five (5) days
therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 5 th day
of January 2015, in Iloilo City, Philippines.

KATHRYN J. BERNARDO
Affiant

SUBSCRIBED AND SWORN to before me this 5th of January

2014 at Iloilo City, Philippines, affiant exhibiting to me her Voters I.D. VIN
NO. 234224455 issued in Iloilo City.

WITNESS MY HAND AND NOTARIAL SEAL on the day, year

and place first above written.

ATTY. LAURENCE SUSAN P. ORTIZ

Notary Public for and in the
City and Province of Iloilo
Commission Serial. No. 1989
Valid until December 31, 2015
#03 Lopez, Jaena St., Jaro, Iloilo City
PTR No. 22334, Iloilo City, January 17, 2014
IBP No. 44556, Iloilo City, January 10, 2014
Roll of Attorney No. 44661
MCLE Compliance No. VI-010489
Doc. No. ___;
Page No.___;
Book No. I;
Series of 2014.