(Complaint for Collection of Sum of Money) (CAPTION) COMPLAINT COMES NOW Plaintiff, by counsel and to this Honorable Court,

respectfully states that: 1. Plaintiff _____________ is of legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines. For purposes of this action, plaintiff may be served with all orders, notices, and other processes of this Honorable Court through the office address of the undersigned counsel indicated below; 2. Defendant _____________, of legal age, Filipino, (single / married / widow), and may be served with summons and other processes of this Honorable Court at his last known address at _____________, Philippines; 3. Sometime on _____________, Defendant obtained from and was granted a loan accommodation by the Plaintiff in the principal amount of

__________________________ (P_____________), Philippine Currency; 4. A true and faithful machine reproduction of the Promissory Note made by the Defendant on _____________ is hereto attached as Annex "A"; 5. As of _____________, Defendant still has an Outstanding Balance to Plaintiff amounting to __________________________ (P_____________), Philippine Currency, and has failed and neglected to pay, without just and valid grounds, the said Outstanding Balance for the aforementioned loan accommodation; 6. Despite Plaintiff's repeated demands, both written and verbal, Defendant failed, neglected and refused, and continues to fail and refuse to pay and to settle the said Outstanding Balance, without just and valid grounds, to the continued damage and prejudice of Plaintiff;

7. A true and faithful machine reproduction of the Plaintiff's demand letter to Defendant dated _____________ is hereto attached as Annex "B"; 8. Consequently, Plaintiff was constrained to engage the services of counsel to whom it obligated itself to pay as Attorney's Fees the amount equivalent to _____________ (______%) percent of the total amount due from Defendant to Plaintiff.

PRAYER WHEREFORE, after due notice and hearing, Plaintiff respectfully prays that judgment be rendered against the Defendant as follows: 1. Ordering the Defendant to pay Plaintiff the sums of: a. The amount of __________________________ (P_____________),

representing Defendant's Outstanding Balance plus interest at the rate of _____________ (_____%) per month as stipulated upon in the Promissory Note; b. _____________ (_____%) percent of the total amount due as Attorney's Fees plus Appearance Fee at the rate of P__________ per court hearing / conference; c. _____________ (_____%) percent of the total amount due as Collection Charges / Liquidated Damages; d. The costs of suit.

2. Plaintiff respectfully prays for such other reliefs as may be just and equitable in the premises.

Date _____________, Philippines, __Date__.

(COUNSEL)

(VERIFICATION)

(CERTIFICATION OF NON-FORUM SHOPPING)

(Answer with Counterclaims) (CAPTION) ANSWER WITH COUNTERCLAIMS COMES NOW Defendant _____________, by counsel and unto this Honorable Court, most respectfully states and avers that: 1. Defendant admits the allegations contained in paragraphs 1, 2, 4, and 5 of the Complaint; 2. Insofar as paragraphs 6 and 7 are concerned, the best evidence thereof are the actual stipulations as set forth in Paragraph 7 of the Promissory Note and Paragraph 11 of the Deed of Chattel Mortgage; 3. Defendant vehemently denies the allegations contained in paragraph 8 of the Complaint. Defendant's mode of payment of her car loan with the Plaintiff Bank has always been by way of auto-debit of her account with the same bank under Account No. _____________. To pay off her monthly amortization, Defendant had continuously and religiously deposited the required amounts on her said account since April 2002, which was in turn likewise religiously auto-debited by the Plaintiff Bank from month to month; 4. To cover her monthly amortization for July 8, 2004, which was falsely alleged by the Plaintiff Bank to have not been paid, Defendant deposited the amount of P24,000.00 to her said Account No. _____________ so that it could be auto-debited by the Plaintiff Bank the following day when the said amortization for July 2004 became due. Machine copy of deposit slip dated July 7, 2004 in the amount of P24,000.00 is hereto attached as Annex "1" and made an integral part of this Answer;

5. To cover her monthly amortizations after July 2004, Defendant likewise continued to make deposits in her above-said account as follows: P24,000.00 on August 4, 2004; P24,000.00 on September 3, 2004; and another P24,000.00 on October 5, 2004. The said continuous deposits of P24,000.00 monthly from July to October, 2004 were more than enough to cover her alleged default of four (4) months. Machine copies of Defendants deposit slips for the months of August to October, 2004 are hereto attached as Annexes "1-A" to "1-C" and made integral parts of this Answer; 6. Sometime in July 2004, the attention of the Defendant was called by the bank that she had not paid her due for July 2004 which she thought was impossible considering that she had always been paying by way of auto-debit and she had not failed to deposit the required amount in her account; 7. Defendant immediately visited Plaintiff's branch and it was alleged that she had not signed an auto-debit agreement with the bank, which was ridiculous considering that the bank had made auto-debits on her account from April 2002 through June 2004. Nonetheless, to ensure that she would not be in default in the payment of her loan amortization, she paid the amortizations for July to October, 2004 over the counter in the presence of Plaintiff's Branch Manager _____________. Machine copies of Defendant's Loan Payment Slips: P13,357.53 on July 9, 2004, P13,357.53 on August 9, 2004, P13,357.53 on September 10, 2004, and P13,357.53 on October 8, 2004 are hereto attached as Annexes "2-A" to "2-D", respectively and made integral parts of this Answer; 8. Defendant's admits the receipt of Plaintiff's demand letter dated October 29, 2004 mentioned in paragraph 9 of the Complaint but vehemently denies the rest of the

allegations contained therein, especially Plaintiff's malicious denial of Defendant's payments for the months of July to October 2004; 9. Upon receipt of the said demand letter, Defendant immediately visited the Plaintiff's branch to complain about the said demand letter and to pay her amortization for November 2004 over-the-counter. However, the said payment was refused by the Plaintiff Bank which insisted on the payment of the full amount of P289,229.84 as claimed in its demand letter and falsely claiming that Defendant defaulted in payment of her amortization for four (4) months, i.e., from July to October 2004. As such, Defendant there and then requested and demanded for a print-out of her statement of account and summary of all payments made but the same could not be produced by the Plaintiff Bank and she was even arrogantly told to make her request through their Manila office; 10. Considering that Defendant has not defaulted in the payment of her amortizations as previously intimated, there is therefore no factual and legal basis for the Plaintiff's claims and allegations set forth in paragraphs 10, 11 and 12 of the Complaint as well as for the issuance of a Writ of Replevin for the seizure of the subject motor vehicle from the Defendant; 11. The allegation contained in paragraph 13 (b) of the Complaint as to the actual value of the subject motor vehicle as only approximately P290,000.00 is specifically denied. The subject motor vehicle is well maintained and is in good condition and as such it still has an actual market value of approximately P500,000.00 and therefore, Plaintiff's Replevin Bond of only P580,000.00 should be cancelled and nullified for being grossly insufficient and deficient;

AS COMPULSORY COUNTERCLAIMS 12. Defendant hereby restates and repleads all the allegations in the preceding paragraphs by way of reference and incorporation; 13. As a consequence of the malicious and wrongful filing of this entirely baseless and unjustified action, Plaintiff should be made liable to pay Defendant in the amount of __________________________ (P_____________) per day, by way of compensatory damages, starting on December 16, 2004 when the Defendant had been unjustifiably deprived of the possession, use and enjoyment of the subject vehicle, until actual possession of the subject vehicle is restored to the Defendant; 14. As a consequence of the malicious and wrongful filing of this entirely baseless and unjustified action, which is attended by extreme bad faith, lies and deception, denial of payments made, and the unjustified seizure of the subject motor vehicle from the Defendant, the latter and her family had suffered sleepless nights, mental anguish, serious anxiety, severe stress, wounded feelings, besmirched reputation and social humiliation for which Plaintiff should be made liable for moral damages in the total amount of __________________________ (P_____________); 15. In instituting this unwarranted and clearly unfounded suit against the Defendant, Plaintiff had acted in a wanton, fraudulent, reckless and malevolent manner and, by way of example or correction for the public good, Plaintiff should be made liable to pay Defendant exemplary damages in the total amount of __________________________ (P_____________); 16. As a further consequence of the malicious and wrongful filing of the present action, Defendant was constrained to hire the services of counsel for a legal fee of

__________________________

(P_____________),

plus

__________________________ (P_____________) per court appearance, and to incur expenses of litigation for which plaintiff should be made to pay.

PRAYER WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that after hearing on the merits, this Honorable Court issue an Order: Dismissing the Complaint in toto for utter lack of merit; Ordering the immediate re-delivery of the subject motor vehicle to the Defendant and/or to pay Defendant its actual market value at the time of dispossession should actual delivery be no longer possible, plus interest at the rate of five (5%) per month until the said amount is fully paid; Granting compensatory damages to the defendant in the amount of __________________________ (P_____________) per day starting

December 16, 2004, until actual possession of the subject motor vehicle is restored to the Defendant or its actual market value is fully paid with interest; Granting moral damages in favor of the Defendant in the amount of __________________________ (P_____________); Granting exemplary damages in favor of the Defendant in the amount of __________________________ (P_____________); Granting defendant's claim for attorney's fees in the amount of plus

__________________________

(P_____________)

__________________________ (P_____________) per court appearance, and the amount of litigation expenses as may be proved during trial. Other reliefs just and equitable under the premises are likewise prayed for. _____________, Philippines, __Date__.

(COUNSEL)

(VERIFICATION)

(CERTIFICATION OF NON-FORUM SHOPPING)

(EXPLANATION) COPY FURNISHED:

OPPOSING COUNSEL