REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
Branch 50
Cebu City

PSBANK,
Plaintiff,
-versus- Civil Case No. CEB 1234
For: Replevin/ Recovery of
Personal Property
JUAN VILLORDON
Defendant.
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A N S W E R
WITH COUNTERCLAIMS

COMES NOW Defendant JUAN VILLORDON, by counsel

and unto this Honorable Court, most respectfully
states and avers that:
1. Defendant admits the allegations contained in
paragraphs 1, 2, 3, 4, and 12 of the Complaint;
2. Insofar as paragraphs 5 and 6 are concerned, the
best evidence thereof are the actual
stipulations as set forth in Paragraph 7 of the
Promissory Note and Paragraph 11 of the Deed of
Chattel Mortgage;
3. Defendant vehemently denies in part the
allegations contained in paragraph 8 of the
Complaint. Defendant's mode of payment of his
car loan with the Plaintiff Bank has always been
by way of auto-debit of his account with the
same bank under Account No. 923 8758 287. To pay
off his monthly amortization, Defendant had
continuously and religiously deposited the
required amounts on his said account since April
2002, which was in turn likewise religiously
auto-debited by the Plaintiff Bank from month to
month;
4. To cover his monthly amortization for July 8,
2017, which was falsely alleged by the Plaintiff
Bank to have not been paid, Defendant deposited
the amount of P24,000.00 to his said Account No.
923 8758 287 so that it could be auto-debited by
the Plaintiff Bank the following day when the
said amortization for July 2017 became due.
Machine copy of deposit slip dated July 07, 2017
in the amount of P15,000.00 is hereto attached
as Annex "1" and made an integral part of this
Answer;
5. To cover his monthly amortizations after July
2017, Defendant likewise continued to make
deposits in his above-said account as follows:
P15,000.00 on August 4, 2017; P15,000.00 on
September 3, 2017; and another P15,000.00 on
October 5, 2017. The said continuous deposits of
P15,000.00 monthly from July to October, 2017
were more than enough to cover his alleged
default of four (4) months. Machine copies of
Defendants deposit slips for the months of
August to October, 2017 are hereto attached as
Annexes "1-A" to "1-C" and made integral parts
of this Answer;
6. Sometime in July 2017, the attention of the
Defendant was called by the bank that he had not
paid his due for July which he thought was
impossible considering that he had always been
paying by way of auto-debit and he had not failed
to deposit the required amount in his account;
7. Defendant immediately visited Plaintiff's branch
and it was alleged that he had not signed an
auto-debit agreement with the bank, which was
ridiculous considering that the bank had made
auto-debits on his account from March 2017
through June 2017. Nonetheless, to ensure that
he would not be in default in the payment of his
loan amortization, he paid the amortizations for
July to October, 2017 over the counter in the
presence of Plaintiff's Branch Manager Mr.
Alejandro C. Verdigar. Machine copies of
Defendant's Loan Payment Slips: P15,000.00 on
July 9, 2017, P15,000.00 on August 9, 2017,
P15,000.00 on September 10, 2017, and P15,000.00
on October 8, 2017 are hereto attached as Annexes
"2-A" to "2-D", respectively and made integral
parts of this Answer;
8. Defendant's admits the receipt of Plaintiff's
demand letter dated November 29, 2017 mentioned
in paragraph 9 of the Complaint but vehemently
denies the rest of the allegations contained
therein, especially Plaintiff's malicious denial
of Defendant's payments for the months of July
to October 2017;
9. Upon receipt of the said demand letter,
Defendant immediately visited the Plaintiff's
branch to complain about the said demand letter
and to pay his amortization for November 5, 2017
over-the-counter. However, the said payment was
refused by the Plaintiff Bank which insisted on
the payment of the full amount of P812,666.68 as
claimed in its demand letter and falsely
claiming that Defendant defaulted in payment of
his amortization for four (4) months, i.e., from
July to October 2017. As such, Defendant there
and then requested and demanded for a print-out
of his statement of account and summary of all
payments made but the same could not be produced
by the Plaintiff Bank and he was even arrogantly
told to make his request through their Manila
office;
10. Considering that Defendant has not defaulted
in the payment of his amortizations as
previously intimated, there is therefore no
factual and legal basis for the Plaintiff's
claims and allegations set forth in paragraphs
10, 11 and 12 of the Complaint as well as for
the issuance of a Writ of Replevin for the
seizure of the subject motor vehicle from the
Defendant;
11. The allegation contained in paragraph 13 (b)
of the Complaint as to the actual value of the
subject motor vehicle as only approximately
P700,000.00 is specifically denied. The subject
motor vehicle is well maintained and is in good
condition and as such it still has an actual
market value of approximately P800,000.00 and
therefore, Plaintiff's Replevin Bond of only
P1,400,000.00 should be cancelled and nullified
for being grossly insufficient and deficient;
 AS COMPULSORY COUNTERCLAIMS
12. Defendant hereby restates and repleads all
the allegations in the preceding paragraphs by
way of reference and incorporation;
13. As a consequence of the malicious and
wrongful filing of this entirely baseless and
unjustified action, Plaintiff should be made
liable to pay Defendant in the amount of two
thousand pesos per day (P2,000.00) per day, by
way of compensatory damages, starting on
December 16, 2017 when the Defendant had been
unjustifiably deprived of the possession, use
and enjoyment of the subject vehicle, until
actual possession of the subject vehicle is
restored to the Defendant;
14. As a consequence of the malicious and
wrongful filing of this entirely baseless and
unjustified action, which is attended by extreme
bad faith, lies and deception, denial of
payments made, and the unjustified seizure of
the subject motor vehicle from the Defendant,
the latter and his family had suffered sleepless
nights, mental anguish, serious anxiety, severe
stress, wounded feelings, besmirched reputation
and social humiliation for which Plaintiff
should be made liable for moral damages in the
total amount of three hundred thousand pesos
(P300,000.00);
15. In instituting this unwarranted and clearly
unfounded suit against the Defendant, Plaintiff
had acted in a wanton, fraudulent, reckless and
malevolent manner and, by way of example or
correction for the public good, Plaintiff should
be made liable to pay Defendant exemplary
damages in the total amount of two hundred
thousand pesos (P200,000.00);
16. As a further consequence of the malicious
and wrongful filing of the present action,
Defendant was constrained to hire the services
of counsel for a legal fee of fifty thousand
pesos (P50,000.00), plus three thousand
(P3,000.00) per court appearance, and to incur
expenses of litigation for which plaintiff
should be made to pay.
 P R A Y E R

WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed that after hearing on the merits,
this Honorable Court issue an Order:
1. Dismissing the Complaint in toto for utter
lack of merit;
2. Ordering the immediate re-delivery of the
subject motor vehicle to the Defendant
and/or to pay Defendant its actual market
value at the time of dispossession should
actual delivery be no longer possible,
plus interest at the rate of five (5%) per
month until the said amount is fully paid;
3. Granting compensatory damages to the
defendant in the amount of two thousand
pesos (P2,000.00) per day starting
December 16, 2017, until actual
possession of the subject motor vehicle
is restored to the Defendant or its actual
market value is fully paid with interest;
4. Granting moral damages in favor of the
Defendant in the amount of three hundred
thousand pesos (P300,000.00);
5. Granting exemplary damages in favor of the
Defendant in the amount of two hundred
thousand pesos (P200,000.00);
6. Granting defendant's claim for attorney's
fees in the amount of fifty thousand pesos
(P50,000.00) plus three thousand pesos
(P3,000.00) per court appearance, and the
amount of litigation expenses as may be
proved during trial.
Other reliefs just and equitable under the
premises are likewise prayed for.
Cebu City, Philippines, April 26, 2018.

ATTY. SHAMU M. SAYSON

Counsel for the Defendant
Lightsaber St. Banilad, Cebu City
Tel.No. 032-487 6347
 VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES)

Province of ____________________) S.S.
City/Municipality of _____________)
x - - - - - - - - - - - - - - - - - - - - - - - x

I, JUAN VILLORDON, of legal age, Filipino, single,

and a resident of 111 Tres De Abril, Labangon, Cebu
City, Philippines, Philippines, after being sworn in
accordance with law, hereby depose and say:

That I am the Defendant in the above-entitled case;

That I have caused the preparation of the above
Answer and I have read the same and knows the
contents thereof; That the allegations contained
therein are true and correct of my own personal
knowledge.

That I further certify that: (a) I have not

theretofore commenced any other action or proceeding
or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial
agency and, to the best of my knowledge, no such
action or proceeding is pending therein; (c) if I
should thereafter learn that the same or similar
action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or
any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original
pleading and sworn certification contemplated herein
have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this

April 26, 2018 at Cebu City, Philippines.

JUAN VILLORDON
AFFIANT
SUBSCRIBED AND SWORN to before me, this 26th day of
April 2018, by JUAN VILLORDON who exhibited to me
his Driver’s License No. 12345678 - ABC issued at
Cebu City, Philippines on January 15, 2017.

NOTARY PUBLIC

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