Answer - Dagal

REPUBLIC OF THE PHILIPPINES National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 24, Manila SEAN KIM CREDIT AND LOANS CORPORATION, represented by Its Manager Irish M. Magallanes, Plaintiff, -versus- Civil Case No. 190710 For: SUM OF MONEY CELESTE M. LOPEZ, Defendant. x-------------------------------------------------x A N S W E R COMES NOW, defendant CELESTE M. LOPEZ, by herself and unto this Honorable Court, by way of answer to the plaintiff’s complaint, most respectfully aver that: 1. Paragraphs 1, 2, 3, 5 and 8 of the complaint are admitted; 2. Paragraph 4 of the complaint is likewise admitted in so far as the amount of loan is concerned but with a reservation as to the terms of payment which is outlined and set forth in the special and affirmative defenses. 3. Paragraphs 6 and 7 are likewise admitted but with a reservation which are also outlined and set forth in the special and affirmative defenses.

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ANSWER

Transcript of Answer - Dagal

REPUBLIC OF THE PHILIPPINESNational Capital Judicial RegionMETROPOLITAN TRIAL COURTBranc !"# ManilaSEAN $IM CRE%IT AN% LOANSCORPORATION# repre&ented '(It& Manager Iri& M) MagallanePlaintiff,-versus- Ci*il Ca&e No) +,-.+- For/ SUM OF MONE0CELESTE M) LOPE1#Defendant.x-------------------------------------------------xA N S 2 E RCOMES NO2, defendant CELESTE M. LOPEZ, by herself and unto thisonorable Court, by !ay of ans!er to the "laintiff#s $o%"laint, %ost res"e$tfullyaver that&'. Para(ra"hs ', ), *, + and , of the $o%"laint are ad%itted-). Para(ra"h . of the $o%"laint is li/e!ise ad%itted in so far as thea%ount of loan is $on$erned but !ith a reservation as to the ter%sof "ay%ent !hi$h is outlinedandset forthinthes"e$ial andaffir%ative defenses.*. Para(ra"hs0and1areli/e!isead%ittedbut !ithareservation!hi$h are also outlined and set forth in the s"e$ial and affir%ativedefenses... Para(ra"h '' is ad%itted !ith a 2ualifi$ation as stated li/e!ise inthe s"e$ial and affir%ative defenses.+. Defendant DE34ES s"e$ifi$ally ea$h and every %aterial alle(ationin Para(ra"hs 5, '6 and ') for bein( a %ere re$itation of fa$ts or$on$lusions of fa$ts absen$e of le(alan$hora(e to su""ort eitherle(ally or fa$tually.SPECIAL AN% AFFIRMATI3E %EFENSES0. The $o%"laint fails to suffi$iently state a $ause of a$tion. 7lltheele%entsof a8ri(ht9 onthe"art of the"laintiff, 8duty9!hi$h$orres"ondstothedefendant, as8brea$h9thereof bythe latter, and 8da%a(e or in:ury9 to the for%er, as a(ainst thedefendant, are not %aterially and ulti%ately averred !ithdefiniteness.1. That the $lai% or de%and set forth in the "laintiff#s "leadin(had been "aid by the defendant by virtue of !ithdra!als %adeby the for%er usin( the "led(ed 7TM Card.,. This des"ite the fa$t that Plaintiff did not fully dis$losed andite%i;ed"ro"erly thes$hedules of "ay%ents eventhou(hthere !as an exe$ution of the alle(ed %i&clo&ure State4ento5 Loan6Credit Tran&action, thus, defendant had no/no!led(e !hatsoever on ho! his LO73 obli(ation balloonedu"tothea%ount ofT2OHUN%RE%EI7HTTHOUSAN%FI3E HUN%RE% THIRT0 FOUR PESOS AN% FORT0 FOURCENTA3OS 8!-9# :;")"" "er$ent"er %onth or hi(her interest rate and "enalty $har(e for $redit$ard $har(es is ex$essive, ine2uitable and exorbitant.'6. Pres$indin( fro% the fore(oin(, the defendant herein $annotbe $o%"elled any%ore by the "laintiff to "ay the interest and$har(es=servi$e$har(eset$>. 4f "aidalready, thesa%eisre$overable.''. Thus, u"on $o%"utation of "ay%ents %ade by the defendantherein she had been "aid already. 4n fa$t, there are alreadyover"ay%ents %ade, hen$e, the sa%e is li/e!ise re$overablea(ainst the "laintiff. ').