Republic of the Philippines
METROPOLITAN TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH XLVI (46), PASAY CITY
ASIALINK FINANCE CORPORATION
(REPRESENTED BY: GLENDA P. VILLANUEVA),
Plaintiff/s,
-versus- CIVIL CASE NO. M-PSY-17-22730 CV
For: COLLECTION OF SUM OF
MONEY/REPLEVIN AND
DAMAGES
PEDRO PEREZ RAMOS
AND JOHN DOE,
Defendant/s.
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ANSWER
COMES NOW, the DEFENDANT, PEDRO PEREZ RAMOS,
unto this Honorable Court, most respectfully avers, that:
ADMISSIONS AND DENIALS
1. The DEFENDANT admits the allegations contained in
Paragraphs 1 and 2 of the Complaint, with respect to the personal
circumstances of the herein parties.
2. The answering DEFENDANT specifically denies the
allegations contained in Paragraph 2.1 of the Complaint for lack of
personal knowledge sufficient to form a belief as to the truth or
falsity thereof.
3. The DEFENDANT partially admits the allegations contained
in Paragraph 3 of the Complaint insofar as it alleges that the
defendant obtained a loan. However, he denies the rest of the
allegations therein considering that the defendant received only PhP
285,000.00 as proceeds of the aforementioned loan.
1
4. The DEFENDANT admits the allegations contained in
Paragraph 4 of the Complaint.
5. The DEFENDANT partially admits the allegations contained
in Paragraph 5 of the Complaint as to the default in the payment of
monthly installments on June 20, 2016 and on October 31, 2016 a
new repayment schedule was granted abrogating the previous
agreements involving Promissory Note and Deed of Chattel Mortgage.
There was new chattel mortgage contract nor promissory note that
would reflect the new terms and conditions of the loan agreement.
6. The DEFENDANT specifically denies the allegations
contained in Paragraph 6 of the Complaint. The DEFENDANT in fact
paid PhP 10,000.00 in cash to the plaintiff’s collector in San
Ildefonso, Bulacan on October 31, 2016, PhP 16,000.00 on March 14,
2017 by way of money transfer, and PhP 3,000.00 in cash paid to the
plaintiff’s collector in Guiguinto, Bulacan. A copy of the MLhuillier
receipt evidencing the payment of such amount is hereto attached as
Annex 1.
7. The DEFENDANT specifically denies the allegations
contained in Paragraph 7 of the Complaint. There was no demand
letter served to the DEFENDANT, in fact Annex “H” showed no
signature of the DEFENDANT. Annex “I” (SPEX Consignment Note)
showed that it was shipped to the DEFENDANT’S residential address
but Annex “J” showed that it was received by a certain person not
residing at the Defendant’s residential address. Pursuant to Article
1169 of the New Civil Code, those obliged to deliver or to do
something incur in delay from the time the obligee judicially or extra-
judicially demands from them the fulfilment of their obligation. 1
8. The DEFENDANT specifically denies the allegations
contained in Paragraph 8 of the Complaint, for lack of personal
knowledge sufficient to form a belief as to the truth or falsity thereof.
9. The DEFENDANT specifically denies the allegations
contained in Paragraph 9 of the Complaint, for lack of personal
knowledge sufficient to form a belief as to the truth or falsity thereof.
10. The DEFENDANT likewise specifically denies the
allegations contained in Paragraph 10 of the Complaint, for lack of
personal knowledge sufficient to form a belief as to the truth or
falsity thereof.
1
See Article 1169 New Civil Code.
2
AFFIRMATIVE AND SPECIAL DEFENSES
The answering DEFENDANT herein re-pleads, adopts and
incorporates herein by reference all of the foregoing allegations
insofar as the same may be relevant and material hereunder, and in
support of the Affirmative and Special Defenses, further alleges that:
11. Pursuant to Article 1291 of the New Civil Code, the
Promissory Note and Deed of Chattel Mortgage have already been
novated when the parties entered into a new payment scheme as
admitted by the plaintiff. Thus the old chattel mortgage and
promissory note have been abrogated and then and thus a novation
of the loan agreement.2
12. It cannot now be said that the defendant committed a
breach in the terms and conditions of the old chattel mortgage since
this was no longer effective at the time of the filing of this case.
13. Verily, the plaintiff has no cause of action against the
defendant.
14. Furthermore, the defendant made partial payments, i.e.
PhP 10,000.00, PhP 16,000.00 and Php 3,000.00 thus negating the
claim of the plaintiff that the total remaining obligation of the
defendant is PhP 395,544.00. An accounting of the defendant’s
account with the plaintiff is in order.
PRAYER
WHEREFORE, premises duly considered, it is most respectfully
prayed of this Honorable Court that after due hearing, judgment be
rendered as follows:
(a) Dismissing the case for lack of cause of action.
(b) In the alternative, it is prayed that the Honorable Court
order the ordering the Plaintiff the proper accounting of
2
See Article 1291 New Civil Code
3
the loan amount reflecting the true and actual balance of
the Defendant.
Other relief, just and equitable under the premises, are likewise
being prayed for.
City of Malolos, Bulacan for Pasay City; June 9, 2017.
PEDRO PEREZ RAMOS
Defendant
Copy furnished:
ATTY. EDSEL A. DUQUE
Counsel for the Plaintiff
EXPLANATION
A copy of the foregoing Motion was duly served upon the
counsel for the Plaintiff via registered mail with return card due to
the distance and lack of personnel to affect such personal service.
PEDRO PEREZ RAMOS
Defendant
4
VERIFICATION
I, PEDRO PEREZ RAMOS, of legal age, Filipino, married, and
a resident of 33 Emmanuel St., Metro Gate Complex, Meycauayan
City, Bulacan, after having been duly sworn to in accordance with
law, hereby depose and say, that:
(1) I am the DEFENDANT in the above-entitled case;
(2) I have caused the preparation of the foregoing ANSWER;
(3) I have read the contents thereof and the same are true
and correct as to my own personal knowledge and based
upon authentic documents;
PEDRO PEREZ RAMOS
Affiant
PRC ID No.:0440338
Issued on September 16, 1998;
Issued at Manila.
SUBSRIBED AND SWORN to before me this June 9, 2017, here
at Malolos City, Bulacan, Philippines, affiant exhibited to me her
competent proof of identity as duly indicated under her signature.
Doc No.__________;
Page No._________;
Book No. ________;
Series of 2017.
