Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 12
Makati City

Monkey D Luffy Plaintiff, CIVIL CASE No. 16-0956-2341

- versus – FOR: COLLECTION OF SUM OF

MONEY.

Trafalgar Law Defendant.

x- - - - - - - - - - - - - -- - - - x

ANSWER

Defendant, thru the undersigned counsel, most respectfully file their

ANSWER in response, to the complaint of the Plaintiff and avert that:

1. The defendant admits paragraph 1 and 2 of the complaint.

2. The defendant admits that he took a loan from Plaintiff but specially
deny paragraph 3 of the complaint. The true on the matter is, when
they signed the pro forma promissory note from the plaintiff there
was no detail with regards to the interest rates and other charges the
plaintiff is responsible for. Further the defendant was not present
during the said promissory note was notarized.
3. The defendant admits paragraph 4, 5, 6 of the complaint regarding
the owner of the motor vehicle, but deny about the paragraph about
the Deed of Assignment all terms and conditions were not signed by
the defendant. Furthermore, defendant didn’t know the terms of
condition of the Deed of Assignment as the plaintiff didn’t explain it
properly.
 4. The defendant especially deny paragraph 7 as defendant have been
fully pay the monthly due from January to February. Photocopies of
the Deposit/Loading slip are hereto attach and mark as Annex “1”.
5. Defendant deny paragraph 8 as the defendant have no sufficient
knowledge about it.

Affirmative defense

1. Article 1484 of the Civil Code state that in a Contract of Sale of

personal property the price of which is payable in installments the
vendor may foreclose the chattel mortgage on the thing sold. In such
case, however, the vendor shall have no further action against the
purchaser to recover any unpaid balance of the price. Any
agreement to the contrary shall be void.

WHEREFORE, PREMICES CONSIDERED, defendant respectfully pray

that the instant complaint be immediately dismiss for lack of merit.

BARAG LAW OFFICE

Counsel for the Defendant
7-C Crispa Ave., San Lorenzo Village,
Pamplona III, 1712 Makati City
E-mail: barag.law@gmail.com

By:

Marlon Sy
Roll No. 52354
PTR No. 101229105-J/01-04-2016
IBP No. 1017535/01-04-2016
MCLE Compliance No. V-0023447
dated April 11, 2016

Copy furnished:

ATTY. Raposon
Counsel for the Plaintiff
XXXXX

BT
 STF Law Firm, Suite 704, Hi-Residences Bldg.,
23th ST. Bonifacio High Taguig City

EXPLANATION

A copy of this ANSWER was sent to the Plaintiff and his Counsel
through registered mail as personal service is impracticable.

Marlon Sy