Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch __
Iloilo City

EXECUTIVE BANK OF THE PHILIPPINES,

Plaintiff,
CIVIL CASE NO.____
FOR: SUM OF MONEY
- versus -

SPS. MIGUEL and ARLENE JIMENEZ,

Defendants,
x- - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - x

ANSWER
(With Counterclaim)

DEFENDANTS, through counsel, by way of answer to plaintiff’s

complaint, respectfully state that:

Admissions/Denials

1. They admit the allegations in paragraph 2 of the

Complaint regarding their personal circumstances;

2. They are without knowledge or information to form a

belief as to the truth of the allegations in paragraphs 1, 4, 5, and 6 of
the Complaint;

3. They specifically deny each and every material allegation

in paragraph 3 of the Complaint, since such allegations are
maliciously false and meant only to unjustly enrich Plaintiff at
Defendant’s expense. The truth is the principal obligation amounts to
only Six (P600, 000.00), but due to unconscionable interests,
excessive penalties and other charges, Defendant was deceived into
signing a receipt that showed, as Defendant much later on learned,
the aggregate amount of indebtedness to be …., inclusive of the
unconscionable interests, excessive penalties, and other charges;

Special and Affirmative Defenses

 4. The complaint does not state a cause of action and is a
sham pleading:

4.1 On or about June 24, 2005, Defendants incurred an

indebtedness of ….with Plaintiff;

4.2 Due to a close and long relationship with Plaintiff,

Defendant was deceived into signing a receipt which he thought
contained only a reasonable rate of interest per Defendant’s oral
agreement with Plaintiff;

4.3 Upon securing a copy of the receipt much later, Defendant

discovered to his utter surprise that the rate of interest indicated on
the receipt is five (5%) percent per month, or sixty (60%) percent per
annum;

4.4 Defendants were perplexed that their indebtedness

continued to increase despite the fact that they had already paid
Plaintiff the following amounts: P150, 000. 00on July 12, 2005 and
P250, 000.00 on September 8, 2008, more than the principal
obligation of …. Photocopies of payment receipts are hereto attached
as Annexes “A” to “A-9” and are made an integral part of this Answer.

Counterclaim

5. Defendants additionally submit that he is entitled to relief

arising from the filing of this malicious and baseless suit, as follows:

5.1 Moral Damages amounting to Fifty Thousand Pesos(P50,

000.00) because his name and reputation were besmirched by this
malicious and baseless suit;

5.2 Despite full payment by Defendants of the principal

obligation, Plaintiff has instituted the instant malicious suit which
compelled Defendants to engage the services of counsel, in order to
protect Defendants’ interests, for an agreed professional fee of P200,
000.00, plus an appearance fee of P5, 000.00 per hearing.

5.3 Defendants also incurred other litigation expenses in the

sum of P50, 000.00. For all of said fees and litigation expenses,
Plaintiff should be adjudged liable to Defendant.
 WHEREFORE, Defendants respectfully pray that judgment be
rendered in their favor by dismissing the Complaint and granting
defendants’ counterclaim by awarding defendants: (a) Fifty Thousand
Pesos (P50, 000.00) as Moral Damages, and (b) Two Hundred
Thousand Pesos (P200, 000.00) plus Five Thousand Pesos
(P5,000.00) for every hearing attended by Defendants’ counsel as
Attorney’s Fees.

Such other remedies just and equitable under the premises are
likewise prayed for.

Iloilo City, Philippines, April 11, 2019.

Lino A. Bartolome
Counsel for Defendants
Roll No. 24784
IBP No. 783478/Iloilo City/01.03.18
PTR No. 124331/Iloilo City/01.03.18
MCLE Compliance No. V-00270239
Issued on November 21, 2018

VERIFICATION AND CERTIFICATION

We, SPS. MIGUEL and ARLENE JIMENEZ, both of legal age,

after having been duly sworn, depose and state that:

We are the Defendants in the foregoing Answer for the Civil

Complaint for Sum of Money.

We caused the preparation of the Answer, which we have fully

read and understood.

We hereby affirm that all factual allegations contained in said

Answer are true and correct of our own personal knowledge and
belief, as well as true and correct on the basis of authentic
documents and records in our possession.
 We certify that we have not heretofore commenced any action
or filed any claim involving the same issues in any court, tribunal, or
quasi-judicial agency.

If we should hereafter learn that any other similar action or

claim has been filed or is pending, we shall report that fact within five
(5) days from knowledge thereof to this Honorable Court.

IN WITNESS WHEREFOR, I have hereunto set my hand this

th
11 day of April, 2019 at Iloilo City, Philippines.

MIGUEL JIMENEZ ARLENE JIMENEZ

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 11th day of April,

2019, by SPS. MIGUEL and ARLENE JIMENEZ who exhibited to me
their PhilHealth IDs No. 162739 and 219374 respectively both issued
at Jaro, Iloilo City, Philippines on July 20, 2016.

LINO A. BARTOLOME
Counsel for Defendants
Roll No. 24784
IBP No. 783478/Iloilo City/01.03.18
PTR No. 124331/Iloilo City/01.03.18
MCLE Compliance No. V-00270239
Issued on November 21, 2018

Doc. No. 32;

Page No. 4;

Book No.01;

Series of 2019.

Copy furnished through personal service:

Executive Bank Legal Services Group

cor. Iznart-Solis Streets
Iloilo City
TelFax No. (033) 448-7479

By:
Ysmael Agosto Gomez De Liano
Roll No. 76543
IBP No.1111111/Iloilo City/01.03.18
PTR No. 2222222/Iloilo City/01.03.18
MCLE Compliance No. V-0001005
Issued on May 4, 2016