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-versusKATHRYN J. BERNARDO,
Defendant.
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ANSWER WITH AFFIRMATIVE DEFENSE
WITH COUNTERCLAIM
Defendant, through the undersigned counsel and unto this Honorable
Court, hereby respectfully states as follows:
1. That defendant ADMITS the allegations in paragraph 1of the
complaint;
2. That defendant ADMITS the allegations in paragraphs 2 and 3 of
the complaint, to the effect that she obtained a loan from the said
plaintiff in the amount of ONE MILLION PESOS (PhP
1,000,000.00), and executed a Promissory Note;
3. That defendant ADMITS the allegation in paragraph 4 to the effect
that a demand letter was sent to her and was able to receive the
same, but also sent a reply to the said plaintiff.
AFFIRMATIVE DEFENSE
1. That on November 25, 2014 before the debt has become
demandable and due, defendant asked the plaintiff for extension of
payment until December 5, 2014, which the plaintiff generously
granted as evidenced by a request for an extension of time to pay
which is hereto attached as ANNEX 1;
2. That on December 5, 2014, defendant has fully complied with the
provision of the promissory note and paid the amount loaned and
even exceeded in paying the interest of the said loan as evidenced
COUNTERCLAIM
1. That, defendant has exceeded in the payment of the interest loan in
the amount of Php 50,000.00.
2. That, due to unfounded suit filed by the said plaintiff, defendant
suffered sleepless nights, serious anxiety in which case she should
ne awarded moral damages in the amount of Php 50,000.00, and
exemplary damages in the amount of Php30,000.00.
3. That, defendant secured the services of a counsel and paid the
amount of Php 30,000.00 as and by way of attorneys fees.
WHEREFORE, defendant prays for judgment.
1. Dismissing the complaint with costs against the plaintiff; and
2. On the COUNTERCLAIM, ordering plaintiff to pay to defendant
the sum of Php 50,000.00 for the excess of payement of interest;
3. Moral Damages of Php 50,000.00; Exemplary Damages of Php
30,000.00, and attorneys fees of Php 30,000.00.
4. Other reliefs and remedies as may be just and equitable under the
premises are likewise parayed for.
Iloilo City, Philippines, January 5, 2015.
KATHRYN J. BERNARDO
Affiant