REPUBLIC OF THE PHILIPPINESNational Capital Judicial RegionMETROPOLITAN TRIAL COURT

Branch 66, Makati

BANK OF THE PHILIPPINE ISLANDS,Plaintiff,

-versus- Civil Case No. 93619 For: SUM OF MONEY

MANUEL LUIS M. NEPOMUCENOAND PERCY NEPOMUCENO,

Defendants.x-------------------------------------------------x

A N S W E R

COMES NOW, defendants MANEUL LUIS M. NEPOMUCENO AND

PERCY NEPOMUCENO, by themselves and unto this Honorable Court, by

way of answer to the plaintiff’s 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

1

latter, 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 A Y 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

2

VERIFICATION AND CERTIFICATIONOF 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 OFFICERDoc. No. ______;Page No. ______;Book No. _____ ;Series of 2004.

Copy furnished:

ATTY. PAULINO E. CASES, JR.CASES CORPUS and ASSOCIATESLAW OFFICE RM 1407 Cityland Condominium 10 Tower II6817 Ayala Avenue corner H. V. dela Costa StreetSalcedo Village, Makati

3