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1-16-10 ANSWER To Enforcement of Brgy. Agreement
1-16-10 ANSWER To Enforcement of Brgy. Agreement
Supreme Court
IN THE MUNICIPAL TRIAL COURT
Polomolok, South Cotabato
- versus - - f o r –
ANSWER
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AFFIRMATIVE DEFENSES
a) The agreement was made under duress, hence null and void.
Defendant was only compelled to sign the said agreement without
having fully understood its contents. It was done involuntarily and
was against the will of the Defendant. Plaintiff harassed her not
only in the said barangay but also in and out of her house.
d) The Supreme Court once said in the G.R. No. 168782 dated
October 10, 2008, SPOUSES JOVENAL TORING and CECILIA
ESCALONA-TORING vs. SPOUSES ROSALIE GANZON-OLAN
and GILBERT OLAN, and ROWENA OLAN,
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“While the parties are free to stipulate on the interest to be
imposed on monetary obligations, the Court will temper interest
rates if they are unconscionable. Even if the Usury Law has been
suspended by Central Bank Circular No. 905-82, and parties to a
loan agreement have been given wide latitude to agree on any
interest rate, we have held that stipulated interest rates are illegal
if they are unconscionable. Consequently, in our view, the Court
of Appeals erred in sustaining the trial court's decision upholding
the stipulated interest of 3% and 3.81%. Thus, we are unanimous
now in our ruling to reduce the above stipulated interest rates to
1% per month, in conformity with our ruling in Ruiz v. Court of
Appeals.”
8. The prayer for attorney’s fees, moral and exemplary damages and
other costs in the instant case should not be given weight as this
case is purely for the enforcement of settlement.
PRAYER
Such other reliefs just and equitable under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED:
NIDA CABELLO
VERIFICATION & CERTIFICATION
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I, NIDA CABELLO, of legal age, Filipino and with residence and postal address
at Fernandez subdivision, Cannery, Polomolok, South Cotabato, Philippines, after having
duly sworn to in accordance with law, hereby depose and say:
2. I cause the preparation and filing of the aforesaid ANSWER before this
Honorable Court;
3. I have read all the allegations therein and the same are true and correct of
my own knowledge on the basis of the records at hand and that the
annexes to the answer are true an correct copies of the original thereof;
4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals or different divisions
thereof, inferior courts or any other tribunal or agency and that to the best
of my knowledge, no such action or proceeding is pending in the Supreme
Court, Court of Appeals or different divisions thereof, inferior courts or any
other tribunal or agency;
IN WITNESS WHEREOF, I have hereunto set my hand this January 26, 2010
at Polomolok, South Cotabato, Philippines.
NIDA CABELLO
Affiant
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COPY FURNISHED: