REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch___, Makati City

ABC BANK,
Plaintiff,
CIVIL CASE NO. 23457
-versus-
For: Collection of Sum of
Money
SPS. JOHN DOE and JANE DOE,

Defendants.
x------------------------------------------x

ANSWER

DEFENDANT SPS. JOHN DOE and JANE DOE, by counsel respectfully states:

Admissions/Denials

1. Paragraphs 1, 3, 5, and 6 of the complaint are admitted by the defendants.

2. Paragraphs 10 and 11 of the complaint are denied insofar as the defendants has no
knowledge or information sufficient to form a belief as to the veracity of the
averments for the reasons stated in the Affirmative Defenses below.

Affirmative Defenses

3. Defendants reiterates, repleads and incorporates by reference all the foregoing insofar
as they are material and additionally submit that the complaint should be dismissed
on the grounds that:

3.1 The complaint has no cause of action.

3.2 Demand letter was not given to the defendants before filing the said
complaint.

3.3 The credit card was lost and the plaintiff was immediately notified about it
in person and defendants was required to furnish Affidavit of Loss. A
copy of of Affidavit of Loss is hereto attached as Annex “B”.

Counterclaim
4. Defendants reiterates, repleads and incorporates by reference all the foregoing insofar
as they are material and additionally submit that he is entitled to relief arising from
malicious and baseless suit, as follows:

4.1 Moral damages amounting to Five Hundred Thousand (PHP 500,000)

because of harassing the defendants by demanding payment.

4.2 Attorney’s fees amounting to Two Hundred Thousand (PHP 200,000)

because defendant was compelled to secure the services of counsel to
vindicate his right.

WHEREFORE, defendant respectfully prays that judgement be rendered

dismissing the complaint and granting defendant’s counterclaim by awarding defendant:
(a) Five Hundred Thousand Pesos as moral damages, and (b) Two Hundred Thousand
Pesos as attorney’s fees.

Other just and equitable reliefs are prayed for.

Makati City, 22 April 2019.

ALFONSO AND ASSOCIATES

Counsel for Defendant
Unit 112 Chatam House
123 Dela Rosa Street
Makati City
Tel Nos. 987-2345
alfonso@yahoo.com

By:
CARLO PABLO ALFONSO
IBP No. 12356874
PTR No. 98674, Makati City
MCLE Compliance No. 5647687
Roll No. 12345
ANNEX A
ANNEX B