Answer With Counterclaims COMES NOW Defendant RODOLF S VINAS, by Counsel and Unto This

Republic of the Philippines
REGIONAL TRIAL COURT

7th Judicial Region
Branch 1, Cebu Province/City of Cebu
ANSWER
WITH COUNTERCLAIMS
COMES NOW Defendant RODOLF S VINAS, by counsel and unto this
Honorable Court, most respectfully states and avers that:
1. Defendant admits the allegations contained in paragraphs 1, 2, 3, and 4 of the
Complaint;
2. Insofar as paragraphs 6 and 7 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 the allegations contained in paragraph 5 of the
Complaint. Defendant's mode of payment of his loan with the Plaintiff has always
been by way of auto-debit of his account with the same bank under Account No.
34537856. To pay off her monthly amortization, Defendant had continuously and
religiously deposited the required amounts on his said account since January
2010, which was in turn likewise religiously auto-debited by the Plaintiff from
month to month;
4. To cover his monthly amortization for March 9, 2011, which was falsely alleged
by the Plaintiff to have not been paid, Defendant deposited the amount of
P24,000.00 to her said Account No. 34537856 so that it could be auto-debited by
the Plaintiff to her account the following day when the said amortization for
March 2011 became due. Machine copy of deposit slip dated March 9, 2011 in the
amount of P24,000.00 is hereto attached as Annex "1" and made an integral part
of this Answer;
5. Considering that Defendant has not defaulted in the payment of her amortizations
as previously intimated, there is therefore no factual and legal basis for the
Plaintiff's claims and allegations set forth in paragraphs 5, and 6 of the Complaint;
AS COMPULSORY COUNTERCLAIMS
6. Defendant hereby restates and repleads all the allegations in the preceding
paragraphs by way of reference and incorporation;
7. 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, by the Defendant, the latter and her 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 One Hundred Thousand
Pesos(P100,000);
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);
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), plus Twenty Five Thousand (P25,000) per court
appearance, and to incur expenses of litigation for which plaintiff should be made
to pay.
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that
after hearing on the merits, this Honorable Court issue an Order:
Dismissing the Complaint in toto for utter lack of merit;
Granting moral damages in favor of the Defendant in the amount of One
Hundred Thousand Pesos (P100,000);
Granting exemplary damages in favor of the Defendant in the amount of
Two Hundred Thousand Pesos(P200,000);
Granting defendant's claim for attorney's fees in the amount of Fifty
Thousand Pesos(P50,000) plus Twenty Five Thousand (P25,000) 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, March 16, 2011.
(COUNSEL)
FERNANDO ESOJ
Verification
Republic of the philippines)

Province of cebu ) s.s.
City of cebu)
X-----------------------x
I, RODOLF VINAS, of legal age, filipino, single and a resident of Cebu City,
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.
In witness whereof, I have hereunto set my hand this march 16, 2011 at Cebu city
Philippines.
RODOLF S VINAS
Affiant
Subscribed and sworn to before me, this 16th day of March 2011, by Rodolf S Vinas
who exhibited to me her community tax certificate no. 454657 issued at Cebu city,
philippines on march 1, 2011.
Notary public
Doc. No. 5;
Page no. 20;
Book no. 10;
Series of 2011;
CERTIFICATION OF NON-FORUM SHOPPING
Republic of the philippines)

Province of cebu) s.s.
City/municipality of cebu )
X-----------------------x
I, Rodolf Vinas, of legal age, Filipino, single, and a resident of cebu city, philippines,
after being sworn in accordance with law, hereby depose and 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 march 11, 2011 at cebu city ,
philippines.
RODOLF S VINAS
Affiant
Subscribed and sworn to before me, this march 11, 2011, by Rodolf Vinas who
exhibited to me (his/her) community tax certificate no. 454647 issued at cebu city,
philippines on march 1, 2011
Notary public
Doc. No. 5;
Page no. 20;
Book no. 10;
Series of 2011;
Copy furnished:
Marimar Perez
Opposing counsel

Answer With Counterclaims COMES NOW Defendant RODOLF S VINAS, by Counsel and Unto This

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Answer With Counterclaims COMES NOW Defendant RODOLF S VINAS, by Counsel and Unto This

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Republic of the Philippines

REGIONAL TRIAL COURT

COMES NOW Defendant RODOLF S VINAS, by counsel and unto this

Honorable Court, most respectfully states and avers that:

1. Defendant admits the allegations contained in paragraphs 1, 2, 3, and 4 of 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 the allegations contained in paragraph 5 of the

P24,000.00 to her said Account No. 34537856 so that it could be auto-debited by

paragraphs by way of reference and incorporation;

7. As a consequence of the malicious and wrongful filing of this entirely baseless

Thousand Pesos (P200,000);

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that

after hearing on the merits, this Honorable Court issue an Order:

Dismissing the Complaint in toto for utter lack of merit;

Granting moral damages in favor of the Defendant in the amount of One

Hundred Thousand Pesos (P100,000);

Granting exemplary damages in favor of the Defendant in the amount of

Two Hundred Thousand Pesos(P200,000);

Granting defendant's claim for attorney's fees in the amount of Fifty

Thousand Pesos(P50,000) plus Twenty Five Thousand (P25,000) per

court appearance, and the amount of litigation expenses as may be

proved during trial.

Cebu City, Philippines, March 16, 2011.

Republic of the philippines)

Republic of the philippines)

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