Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 66, Makati City

BANK OF THE PHILIPPINES ISLANDS

Plaintiff,
Civil Case No. M-MKT-19-00323CV
For : Sum of Money
- versus –

SPS. SHIELA MARIE D. JIMENA AND

MARK NIEL S. JIMENA
Defendants

ANSWER

COMES NOW, the defendants by undersigned Counsel and in answer to

plaintiff’s complaint in the above- entitled case, respectfully allege:

1. Defendants admit the averment in paragraph 1 and 2 of the complaint;

2. Defendants admit the averment in paragraph 3, 4, 5, 6 and 7 of the

complaint;

3. Defendants specifically deny the allegation in the paragraph 8 and 9 of

the complaint, the truth being that, such rate of finance and late
payment charges were not properly explained and understood by
herein Defendant as it was a product of “Contract of Adhesion “
wherein all the latter’s participation is to affixed his signature;

4. Defendants admits the averment in paragraph 10 of the complaint;

5. Defendants specifically deny the allegation in the paragraph 11 of the

complaint, the truth being that the said amount which is due is not
accurate compared with the actual purchases made by the herein
Defendants;

6. Defendants have no knowledge or information to form a belief as to the

truth of the averment in paragraph 12, 13 and 14 of the complaint;

AFFIRMATIVE DEFENSES

Having answered the Complaint, the Defendants, Spouses SHEILA MARIE D.

JIMENA a nd MARK NIEL S. JIMENA, assert the following enumerated Affirmative
Defenses.

1. The Plaintiff has failed to set forth ultimate facts due to inconsistency of
the statements as to the date of the alleged transactions executed
between the parties;
 2. The Plaintiff has failed to prove the actual and exact amount which is
due and demandable and established that the Defendants in fact were
indebted to the Plaintiff amounting to Php 306,512.11;

3. No act or omission on the part of Defendant either caused or

contributed to whatever injury (if any) the Plaintiff may have sustained.

COUNTERCLAIM

Defendants, SHIELA MARIE D. JIMENA and MARK NIEL S. JIMENA allege;

1. That by virtue of this unwarranted and malicious act initiated by the

Plaintiff, Defendants were forced to engage counsel in the sum of
fifteen thousand pesos (Php 15,000.00) and three thousand pesos (Php
3,000.00) appearance fee per hearing

WHEREFORE, it is respectfully prayed that the complaint be dismissed and

defendant be awarded the amount of fifteen thousand (Php 15,000.00) and three
thousand pesos (Php 3,000.00) as appearance fee per hearing.

Other just and equitable reliefs are likewise prayed for.

Balagtas, Bulacan for Makati City, 13 of June 2019.

ATTY. FERDINAND H. RAMOS,CPA

Counsel for the Accused
2 Floor., Unit No. 3, Jesus G. Austria Bldg.,
nd

427 Brgy. Wawa, Balagtas, Bulacan

Tel No. (044) 308-4504
Roll of Attorney No. 70451
IBP No. 031519
PTR No. 1685979 C; 01/03/19; Balagtas, Bulacan
MCLE Compliance VI-0007316

Copy Furnished :

M.C. RAMIRO & ASSOCIATES

Counsel for the Plaintiff
2423 Zamora Street
Pasay City

EXPLANATION

The filing of this Answer was done through LBC due to time,
distance and manpower constraints.

ATTY. FERDINAND H. RAMOS

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