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REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region


METROPOLITAN TRIAL COURT
Branch 66, Makati
BANK OF THE PHILIPPINE ISLANDS,

Plaintiff,
-versus-

Civil Case No. 93619


For: SUM OF MONEY

MANUEL LUIS M. NEPOMUCENO


AND PERCY NEPOMUCENO,
Defendants.
x-------------------------------------------------x

ANSWER
COMES NOW, defendants MANEUL LUIS M. NEPOMUCENO AND
PERCY NEPOMUCENO, by themselves and unto this Honorable Court, by
way of answer to the plaintiffs complaint, respectfully aver that:
1.

Paragraph 1 of the complaint is denied for lack of knowledge

or information sufficient to form a reasonable belief as to their material


truth;
2.

Paragraph 2 of the complaint is admitted;

3.

Paragraphs 3 and 4 are denied for lack of knowledge to form a


reasonable belief as to the truth thereof;

4.

Paragraph 5, 6, 7, 8 and 9 are likewise specifically denied, the


truth are outlined and stated in the affirmative defenses.

5.

Defendants likewise DENY specifically each and every


material allegation made in Paragraphs 10 and 11 for being a
mere recitation of claims or a conclusion of facts absence of
legal anchorage to support either legally or factually.
SPECIAL AND AFFIRMATIVE DEFENSES

6.

The complaint fails to sufficiently state a case of action. All the


elements of a right on the part of the plaintiff, duty which
corresponds to the defendant. Breach thereof by the latter,
1

and damage or injury to the former, as against the


defendants, are not materially and ultimately averred with
definiteness;
7.

Herein defendants Manuel Luis Nepomuceno and Percy


Nepomuceno never received any demand letter from Bank of
the Philippine Island;

8.

Assuming without admitting that the unpaid loan blossomed to


almost

Php283,956.94,

the

interest

charged

by

the

Complainant is unconscionable considering that the interest


charged is 9.25% per month;
9.

That the agreement is in the nature of contract of adhesion


hence, the same should interpreted against the plaintiff.
Considering that plaintiff was the one who prepared the
contract and the defendant was only made to sign on the
document;
Assuming without admitting that the defendants applied for a
credit card, defendant Percy Nepomuceno is a mere extension
of the credit card and not prevy to the credit agreement.
Hence, the case against Percy Nepomuceno be dismissed.
P R AY E R

WHEREFORE, premises considered, it is respectfully prayed that


the complaint be DISMISSED en toto.
Other reliefs are similarly prayed for.
RESPECTFULLY SUBMITTED.
Manila, July 19, 2007.

MANUEL LUIS M. NEPOMUCENO

PERCY NEPOMUCENO

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING
I, MANUEL LUIS M. NEPOMUCENO AND PERCY NEPOMUCENO,
after having been sworn to in accordance with law hereby depose and say:
1.

That I the defendants in the above-entitled case;

2.
That I have caused the preparation of the foregoing ANSWER
and that the contents thereof are true and correct of my own personal
knowledge and based authentic documents;
3.
That I have not commenced any other action or proceeding
involving the same issues in this Honorable Court, in the Supreme Court or
in any other tribunal or agency, that to the best of my knowledge, no such
action or proceeding is pending in this Honorable Court, in the Supreme
Court or in any other tribunal or agency, and should I learn that a similar
action or proceeding has been filed or is pending in this Honorable Court,
in the Supreme Court or in any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.
In witness whereof, we have hereunto set my hand this 27th day of
September, 2004.

MANUEL LUIS M. NEPOMUCENO

PERCY NEPOMUCENO

SUBSCRIBED AND SWORN to before me this 27th day of


September, 2004, at Manila, Philippines.
ADMINISTERING OFFICER
Doc. No. ______;
Page No. ______;
Book No. _____ ;
Series of 2004.
Copy furnished:
ATTY. PAULINO E. CASES, JR.
CASES CORPUS and ASSOCIATES
LAW OFFICE
RM 1407 Cityland Condominium 10 Tower II
6817 Ayala Avenue corner H. V. dela Costa Street
Salcedo Village, Makati