REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch ___ - Makati City

BANK OF THE PHILIPPINE ISLANDS,

Plaintiff,

-versus- Civil Case No. 110317

For: SUM OF MONEY

PLACIDO GERMAN R. GASTON

Defendant.
x-----------------------------------------x

ANSWER WITH COUNTERCLAIM

COMES NOW, the defendant, by the undersigned

counsel and unto this Honorable Court, most respectfully
submit his Answer to the Complaint filed by the plaintiff, a
copy of which was received on (please indicate date the
complaint was actually received) and hereby avers that:

1. The personal circumstances of plaintiff and defendant

as stated in paragraphs 1 and 2 of the Complaint are
admitted;

2. The allegations in Paragraph 3 of the Complaint is

admitted as the same is of general knowledge to all
that the herein plaintiff offers credit services and
facilities;

3. The allegations in Paragraphs 4, 5, 6, and 7 of the

Complaint are denied for lack of knowledge and
information sufficient to form a belief as to the truth
thereof;

4. Defendant categorically and vehemently denies the

allegations in paragraph 8 of the Complaint. It must be
pointed out that the additional late payment charge of
6% for every month or a fraction of a month’s delay
being added to the unpaid balance is clearly excessive
and usurious under the law;
 5. Paragraphs 9, 10, 11, and 12 are denied for lack of
knowledge and information sufficient to form a belief as
to the truth thereof.

SPECIAL AND AFFIRMATIVE DEFENSE

6. In the case Medel vs Court of Appeals 1, the Court held

that an interest rate of 5.5% per month, or 6.6% per
annum is iniquitous, unconscionable and exorbitant.
Should there be truth to the allegation in paragraph 8
of the Complaint, it is then worthy to note that the
question of law raised in the Medel vs Court of Appeals
shall be applicable to the contention of plaintiff BPI.

PRAYER

WHEREFORE, premises considered, the herein

Defendant respectfully prays that judgment be rendered in
his favor by this Honorable Court and that the instant
complaint filed by the plaintiff be dismissed for lack of merit
and legal basis.

Most Respectfully Submitted.

Bacolod City, Philippines. May 21, 2015.

PACIFICO M. MAGHARI, III

Counsel for Defendant
c/o 590 Ylac St., Villamonte, Bacolod City
PTR No. 0000176 B.C. Jan. 5, 2015
IBP No. 974385 B.C. Jan. 5, 2015
MCLE Compliance No. IV - 0022024-9-24-13
MCLE Compliance No. V – 0001426 1-16-2014
SC Roll No. 44869

CONFORME:

PLACIDO GERMAN GASTON

Defendant

1
299 SCRA 481
COPY FURNISHED:

ATTY. MARIA ELENA C. RAMIRO

2423 Zamora Street
Pasay City, Metro Manila

EXPLANATION

A copy of this Answer was copy furnished to opposing

counsel and most respectfully filed before this Honorable
Court via registered mail by reason of the considerable
distance of the office of the undersigned counsel which
renders personal delivery impracticable.

PACIFICO M. MAGHARI, III