REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY, BRANCH ___________
BANKARD, INC.,
Plaintiff,

versus -

CIVIL CASE No. 73804 PSG

(For SUM of MONEY)

TITA R. MELANCOLICO
Defendant.
x--------------------------x

ANSWER
DEFENDANT, TITA R. MELANCOLICO, through the
undersigned Counsel, and unto this Honorable Court, most
respectfully avers:
1. That DEFENDANT, TITA R. MELANCOLICO is
represented by NERI CASINTAHAN and/or ATTY.
CYRIL JOHN RUSTICO G. YAP, in a Special Power
of Attorney, duly made for this purpose.
Representatives are Filipinos, of legal ages, married,
and a resident of Davao City and General Santos
City, respectively. They may be served with notices,
summons, orders from this Honorable Court through
the Office address of herein Counsel located at
____________________________________;
2. That PLAINTIFF, BANKARD, INCORPORATED, is
a domestic Corporation duly organized and existing
under Philippine Laws, with office address located at
31st Floor, Equitable Tower, No. 4 ADB Avenue corner
Poveda Street, Ortigas Center, Pasig City 1605
Philippines, represented by the Head of Collection,
KATRINA JOY G. CRUZ;
1

3. That DEFENDANT has been issued the following

credit lines, to wit:
a. MYDream JCB (Public) under Acct.
No. 3562-8688-1338-7002;
b. JCB Classic under Account Number
3562 8605 5021 -0000; and
c. Mastercard Gold under Account No.
5179 -8209-9405-6009;

4. That ALL Credit Cards were issued by BANKARD,

INC., under Defendants name and using the
personal information of the Defendant;
5. That Defendants admit paragraphs 4, 5 and 6 of the
Complaint, by reason of the fact that she has to look
for her creditors in order to obtain payments
therefrom;
6. That Defendant is also engaged in the business of
extending her issued credit lines to other people for
a charge or fee;
7. That Defendant hereby admits of the allegations
stated under paragraph 7 of the Complaint, the
reason being that DEFENDANT has understood the
TERMS and CONDITIONS governing the issuance and
use of said credit cards issued by BANKARD, INC., to
wit:
i. STATEMENT OF ACCOUNT;
ii. PAYEMENT OF CARD AVAILMENTS AND
CHARGES;
iii. FINANCE CHARGES;
iv. LATE PAYMENT FEES;
v. OTHER FEES;
vi. TAXES;
vii. LIABILITY OF THE CARDHOLDER;
viii. DEFAULT; and
ix. VENUE;
2

8. That Defendant hereby admits of the fact that she

has made use of the credit cards by letting and or
allowing other people to use the same for a fee or
charge which, as of August 15, 2012, the total
outstanding balance of defendant remains unpaid,
inclusive of interest, penalty and other charges in the
amount of SIX HUNDRED EIGHTY FIVE THOUSAND
TWO HUNDRED TEN PESOS and 42/100 (Php 685,
210.42);
9. That Defendant admits of the allegations of stated
under paragraph 9 of the said Complaint;
OFFER OF COMPROMISE
10. That Defendant hereby partially DENY the
allegations made by PLAINTIFF, BANKARD, INC. that
the it is because of the formers obdurate
refusal to settle her just and valid obligation
towards Plaintiff Bankard,Inc., was constrained
to retain the services of the undersigned Law
Firm to protect its interests and has agreed to
pay Attorneys Fees equivalent to Twenty Five
Percent (25%) of the total obligation due and
demandable plus One Thousand Five Hundred
Pesos (Php 1,500.00) appearance fee for every
hearing,
meeting
and/or
mediation
conference the truth of the matter being that
herein Defendant offers and proposes to settle the
obligation due her in the following manner, to wit:
a. To SETTLE the accounts IN FULL in the
amount of FOUR HUNDRED THOUSAND
PESOS (Php 400,000.00), to be paid in
three equal installments starting this
March, 2014 to May 2014; OR

b. To SETTLE the accounts IN FULL through

one - time payment and/or SPOT CASH
PAYMENT in the amount of THREE
3

HUNDRED
THOUSAND
300,000.00);

PESOS

(Php

11. That Defendant, through her Representatives,

called the Office of Atty. MICHAEL YANCY P. YNGSON
on February 28, 2014 to inquire on the possibility of
entering into amicable settlements;
12. That Defendant, through her Representatives,
were able to talk to a certain MIKE SALAZAR, the
person who handles the Accounts of Defendant, TITA
R. MELANCOLICO of BANKARD, INC., and was able to
submit the said proposals through the e-mail account
of
Mike
Salazar
(mike_salazar@receiversliquidators.net)
and was
informed that the said proposal is subject to the
APPROVAL of the HEAD of the COLLECTION of
BANKARD, INCORPORATED;

13. That Defendant, through her Representatives, is

willing to SETTLE the three Accounts in FULL based
on the TWO (2) PROPOSALS mentioned and subject
to the condition that BANKARD, INC. conforms to the
said proposals;

14. That Defendant did not, in any way, refused to

SETTLE the ACCOUNTS the truth of the matter being
that aside from the fact that she has allowed another
person to use her credit lines with BANKARD, INC.,
she has also failed to collect payment from her by
reason of the fact that she was confident her credit
line will be taken cared of;

15. That despite also of the fact that she has received
several SOA s and summons from the different
4

Credit Collection Agencies and from the Office of

Atty. MICHAEL YANCY P. YNGSON, Defendant has
constantly reminded her creditor of the said
obligation and has even informed the same of the
ballooned amount because of the interests, penalties
and charges incurred by her. Thus, the allegations
made under paragraphs 1 is hereby partially
DENIED.
WHEREFORE PREMISES CONSIDERED, it is most
respectfully prayed of this most Honorable Court that
judgment be rendered ORDERING the PLAINTIFF to grant
the PROPOSED SETTLEMENT of DEFENDANT to pay
PLAINTIFF the following:
The sum of Php400,000.00, to be payable in
equally three staggered payments starting on
March, 2014 up to May, 2014, consisting the
monetary obligations due the three credit cards of
Defendant with BANKARD, INCORPORATED; OR

a.)

The sum of Php300,000.00, to be payable in

SPOTCASH or ONE TIME PAYMENT on March,
2014, consisting the monetary obligations due the
three credit cards of Defendant with BANKARD,
INCORPORATED; and

b.)

c.)

To waive all the other penalties, charges,

taxes and Attorneys Fees due Defendant by
reason of her non-payment of the three credit
cards with BANKARD, INC.

DEFENDANT, TITA R. MELANCOLICO, further prays for

such other relief which the Honorable Court may consider as
just and equitable under the premises.

Davao City, Philippines, March ___, 2014.

NERI CASINTAHAN
REPRESENTATIVE of DEFENDANT

By:

ATTY. CYRIL JOHN RUSTICO G. YAP

Counsel for DEFENDANT

Republic of the Philippines )

In the City of Davao
) s.s.

VERIFICATION and CERTIFICATION

I, NERI D. CASINTAHAN, of legal age, Filipino, married and a
resident of ____________________ Davao City, Philippines, under
oath depose and say:
1. That I am the duly authorized Representative of DEFENDANT,
TITA R. MELANCOLICO, in a Civil Case for Collection of Sum of
Money docketed as CIVIL CASE NO. 7804-PSG, pending
before the Regional Trial Court in Pasig City;
2. That in consideration of the foregoing, I have caused the
preparation of this complaint ;
3. That I have read the same and the facts alleged therein are
true and correct of my personal knowledge and based on the
records in my possession.
4. That I have not commenced any other action or proceeding
involving the same issues, before any court, tribunal or
agency; that to the best of my knowledge, no other such
action or claim is pending therein;
5. That should I learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, Court of
Appeals, or any other tribunal or agency, I shall promptly
inform said court or agency within five (5) days.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this ________________ at Davao City, Philippines.

NERI D. CASINTAHAN
Affiant
SUBSCRIBED
AND
SWORN
to
before
me
this
_______________ at Davao City, Philippines, affiant exhibited to me
her _________ as competent evidence of her identity.
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2014.