Professional Documents
Culture Documents
THRIFT BANK,
Plaintiff,
- versus
ANSWER
(WITH COMPULSORY COUNTERCLAIM)
DEFENDANTS, JOHN DOE and JANE DOE, through counsel, by
way of Answer to the instant complaint, to this Honorable Court, most
respectfully state:
ADMISSIONS
For the reasons stated in and subject to defendants Affirmative
Allegations and Defenses, Denials and Compulsory Counterclaims hereinafter set
forth, defendants admits the allegations in:
DENIALS
2.1
2.2
2.3
3.1
3.2
Attached as Annex 1.
3
copy of the policy. Defendants were then notified that a copy will be sent to
defendants chosen Thrift Bank branch. It was in this email that plaintiff
informed the defendants that
Should you wish to avail of our in-house insurance
policy; the premium will be automatically debited
from your Savings Account.
In response thereto, defendants informed the plaintiff that they will not
avail of the in-house policy and informed them not to deduct the premium in his
account. This exchange of electronic mails is evident from the copy attached as
Annex 2.
3.3
account, plaintiff furtively debited the premium from the account of defendant
John Doe on the same day that they were informed not to debit. Plaintiff
debited the premium without notice and consent of the defendants.
Thus, defendants were of the belief that they have enough funds in the account to
cover their monthly amortization.
3.4
demand letter dated June 10, 2008 from plaintiffs In-House Litigation Counsels
demanding the payment for the amount of P795,174.62 (attached as Annex
3). Plaintiff again in the said letter failed to inform the defendant that
they acquired an insurance policy for the Honda CRV and that the
premium was debited from the account of the defendant.
3.5
3.6
plaintiff had consistently notified them in case the amount in the savings account
is not sufficient to cover the monthly amortization thus giving them the chance to
deposit the necessary amount. However, in the months when defendants
allegedly failed to pay their monthly amortizations, plaintiff did not even notify
the defendants that the funds in the savings account were insufficient.
3.7
3.8
who seek to avail of plaintiffs loan services, there is no way a prospective debtor,
as in the case of defendants, can object to any onerous provision as it is offered on
a take-it-or-leave-it basis. Thus, any ambiguity in its provisions must be
construed against plaintiff.
2
3
3.9
3.10
Further, Article 1377 of the Civil Code of the Philippines provides Art. 1377. The interpretation of obscure words or
stipulations in a contract shall not favor the party who
caused the obscurity.
Consequently, given that it was the plaintiff who caused the ambiguity,
Clause 12 of the Promissory Note with Chattel Mortgage Other Terms and
Conditions should be construed in favor of the defendants for they should not be
rebuked for plaintiffs slip-up.
COMPULSORY COUNTERCLAIM
4.1
allegations.
4.2
Plaintiff filed the complaint with bad faith. Plaintiff knew that they
have no right against defendants. Plaintiff is well aware that when this case was
filed, they have no cause of action against the defendants for the proximate cause
of the delay in the payment of defendants installment is attributable to the
plaintiff. Nonetheless, plaintiff still insisted that they have a cause of action
against the defendants.
4.3
sleepless nights, serious anxiety, mental anguish, wounded feelings, and moral
shock, hence, defendants seek moral damages in the amount of at least
P1,000,000.00.
4.4
and wantonly when they filed and prosecuted this clearly unfounded and baseless
suit against defendants for which, by way of example or correction for the public
good, plaintiff must be made to pay defendants exemplary damages in the
amount of at least P1,000,000.00.
4.5
this clearly baseless and unfounded suit, defendants, to vindicate their rights and
to protect their interests, were constrained to engage the services of counsel for a
fee of at least P150,000; P3,500.00 for every court appearance; and incur
litigation expenses, for all of which must be reimbursed by plaintiff.
PRAYER
WHEREFORE, defendants respectfully pray that, after hearing,
judgment be rendered DISMISSING the instant complaint for failure to state a
cause of action and on the counterclaim, ordering plaintiff to pay defendants the
Defendants also pray for other reliefs as may be deemed just and equitable
in the premises.
EXPLANATION
(re: service by registered mail)
In compliance with Section 11, Rule 13 of the 1997 Rules of Civil
Procedure, counsel respectfully manifests that service of the foregoing was done
by registered mail for lack of manpower.