REPUBLIC OF THE PHILIPPINES
National Capital Region
METROPOLITAN TRIAL COURT
Makati City, Branch x
BANK OF LUZON
Plaintiff,
-versus-
CIVIL CASE NO. ____
FOR SUM OF MONEY
JOSE REYES
Customer No. XXXXXXXXXXXXX
Defendant
X-------------------------------X
COMPLAINT
PLAINTIFF, BANK OF LUZON (herein after referred to as “BL”) by counsel to
this Honorable Court respectfully states that:
1. Plaintiff BL is a domestic corporation duly organized and existing under
and by virtue of Philippine laws, with principal business address at 5th
floor, BL Card Center Building, 8753 Paseo de Roxas, Makati City. It is
represented by the affiant signatory to the verification and certification who
has been appointed by the Board of Directors as its duly authorized
representative to the file this case and to represent it in all court
proceedings. Hereto attached as Annex “A” is the Secretary’s Certificate
incorporating the Board Resolution passed to that effect.
2. Defendant JOSE REYES is Filipino, of legal age, whose addresses are at
1). Apple Village Talisayan 4 Dasmariñas Cavite, 2) Banana & Visitors
Corp., 5/F Legaspi Tower 400 V. Cruz Street cor Roxas Blvd., Manila,
where he may be served with summons and other court process.
3. Plaintiff BL issues credit cards using a card operating system that is both
information security and quality management compliant as certified by the
British Standard Information Security Management System and
International Standard Organization for Quality Management System.
4. Through its credit card system, plaintiff extends credit accommodations to
its cardholders for the purchase of goods and other services from
accredited establishments and availment of cash advance/s from
authorized branches or Automated Teller Machines (ATMs) to be paid
later on by the cardholders;
5. Defendant was issued BL Credit Card under Customer No.
XXXXXXXXXXXXXXXXX upon his acceptance of the terms and
conditions governing the issuance and use of the BL credit card. Certified
Xerox copies of the signed Cardholder Information Sheet and BL Delivery
Receipt are hereto attached as Annexes “B” and “C”
6. By the terms and conditions governing the issuance and use of a BL Card,
defendant undertook to pay all changes incurred through the use of the
aforesaid card within the period of twenty (20) calendar days from the
defendant’s assigned cut-off date without the necessity of demand. The
cardholder is given the option to pay the amount billed in full or the
minimum payment required in the statement of account. Should the
cardholder opt to pay the minimum payment, a finance charge of 3.25%
based on the average balance is added to the account. Additionally, in
case of defendant’s failure to pay on the due date indicated in the billing
statement, the unpaid balance shall be subject to late payment charge at
the rate of 6% for every month or a fraction of a month’s delay;
7. Defendant availed himself of such credit accommodation by using the said
BL Card issued to him.
8. Through the use of his aforesaid credit card, defendant had incurred credit
charges, with Total Outstanding Balance (TOB) of P263,817.11 per
Statement of Account (SOA) dated September 6, 2009, hereto attached
as Annex “D”.
9. Defendant failed to comply with his obligation based on the amount
demanded as may be gleaned from the SOAs dated July 2008 to August
2009, which are attached hereto as Annexes “D-1” to “D-14”. The SOAs
represent faithful records of the defendant’s account with plaintiff as there
was no protest whatsoever, notwithstanding receipts hereof by the
defendant
10. The plaintiff made several verbal and written demands on the defendant
for the payment of his credit card, by sending him demand letters and also
the pertinent statements of account showing the amount owed and the
date required payment is due from him. Notwithstanding the defendant’s
receipt of these demands, he unjustifiably refused and failed, as he
unjustifiably continues to refuse and fail to pay his plainly just, valid,
outstanding and overdue obligation to the plaintiff. Photocopies of the
demand letters sent by personal delivery are hereto attached as Annexes
“E” and “F”.
11. In view of the defendant’s willful, unjustified and continued failure and/or
refusal to pay his outstanding, overdue and unpaid obligation, the plaintiff
was constrained to engage the services of the undersigned counsel to
protect its interests for an agreed attorney’s fees equivalent to 25% of the
total amount due, exclusive of appearance fee, for every court hearing,
which expenses should be reimbursed by the defendant to plaintiff.
PRAYER
WHEREFORE, plaintiff respectfully prays that judgment be rendered
against defendant ordering him to pay plaintiff, as follows:
1. The amount of PhP 263,817.11 as of September 6, 2009 plus finance
charge at the rate of 3.25% and late payment charge at the rate of 6% per
month from October 5, 2009 until the total obligation is fully paid;
2. Attorney’s fee equivalent to twenty five percent (25%) of the total
obligation due and demandable exclusive of appearance fee for every
court hearing; and
3. The costs of suit
Further, plaintiff prays for other just and equitable relief.
Makati City, September 15, 2009
FE LAUREL
Counsel for the Plaintiff
5 Zamora St. Pasay City
IBP No. XXXXX-Pasay City-1/12/09
PTR No. XXXXXX-Pasay City-1/12/09
MCLE Compliance No. II-XXXXXX-08/26/08
Roll No. 33453
VERIFICATION AND CERTIFICATION
I, MEL VELEZ, of legal age, Filipino with office and postal address at 5TH floor BL
Card Center, 8753 Paseo de Roxas, Makati City, after having been sworn in
accordance with law, hereby depose and say that:
1. I am a Manager of plaintiff-corporation in the above-entitled case and am
authorized by plaintiff corporation to file this compliant; I caused the
preparation of the foregoing Complaint for Sum of Money and I have read
and understood the contents thereof and the allegations contained therein
are true and correct based on authentic records in our possession
2. pursuant to Supreme Court Administrative Circular No. 04-94, I hereby
certify that Plaintiff has not therefore commenced any other action or
proceeding involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency, and to the best of mu
knowledge, no such action or processing is pending in the Supreme Court,
the Court of Appeals or any tribunal or agency, and if I should thereafter
learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals; or any other tribunal or
agency, I undertake to report that within five (5) days therefrom;
MEL VELEZ
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of ____ 2009, at
_____________, affiant exhibiting to me her CTC No. 03861181 issued at Manila on March 6,
2009 and Passport No. UU670597, thus satisfactorily having proven her identity to me.
Doc No. ____
Page No. _____
Book No. _____
Series of 2009
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
MAKATI CITY, BRANCH x
BANK OF LUZON
Plaintiff,
-versus-
CIVIL CASE NO. xxxx
For: SUM OF MONEY
JOSE REYES
Customer No. xxxxxxxxxx
Defendant,
x---------------------------------------------------x
AFFIDAVIT
I, MARIBEL A. CRUZ, of legal age, and resident of 20 Altura St., Sta.
Mesa Manila, after having duly sworn to in accordance with law, hereby depose
and say that:
1.
I am an Account Specialist of Bank of Luzon, (hereafter referred to
as “BL”) a corporation engaged in the credit card business under the name and
style “BL Card” and with principal office at Paseo de Roxas, Makati City.
2.
As Account Officer presently assigned with the Collection/Legal
Department of the corporation, I handle the records and monitor payments of
delinquent cardholders, send demand letters to them, and actively participate in
the collection of the obligations of the cardholders. I have also been authorized to
represent the corporation in court cases involving collections as may be gleaned
from by Special Power of Attorney issued by the said corporation, which is hereto
attached as Exhibit “A” and Corporate Secretary’s Certificate as Exhibit “A-1”.
3.
In the course of the performance of my duties, functions and
responsibilities as Account Officer of the corporation, I came to know that Jose
Reyes applied with the corporation for the issuance of BL Card under Customer
Number xxxx-xxxx, became some of the delinquent accounts that I am handing
and monitoring.
A copy of the BL signed Application Form is hereto and made an integral
part hereof and marked as Exhibit “B” and signature of the defendant Jose Reyes
who applied for BL Credit Card is bracketed and marked as Exhibit “B-1”.
A copy of the BL Credit card package delivery receipt is hereto attached
and made an integral part hereof and marked as Exhibit “C” and the name and
signature of the defendant Jose Reyes marked the said Delivery Receipt is
attached and marked as Exhibit “C-1” and the terms and conditions for the
issuance and use of the BL card issued to the defendant is marked as Exhibit “C2”.
4.
As part of the terms and conditions for the issuance and use or
availment of the BL card issued to the defendant, the latter expressly agreed that
she will keep track of her total obligations with the plaintiff so as not to exceed
the approved credit limit. In addition, he also expressly agreed to pay the
plaintiff, without necessity of demand, on the date indicated in the monthly
statement of account containing a summary of all purchase/charges made
through the use of said credit card. He further expressly agreed that the said
charges or balance thereof, remaining unpaid after the due date indicated in the
statement of account shall bear a finance charge at the rate of 3.5% based on
the average balance and a late payment charge at the rate of 6% for every
month or a fraction of a month’s delay.
5.
On several occasions, the defendant through the use of his BL
card, purchased goods and/or services on credit as shown by the
Ledgers/Monthly Statements of Account sent to her which are hereto attached
and made integral parts hereof as follows:
The Ledger of Account dated September 06, 2009 with total amount due in the
sum of P263,817.11 marked as Exhibit “D”.
The Ledger/Statement of Account dated July 06, 2008 with total amount due in
the sum of P100,150.88 marked as Exhibit “D-1”.
The Ledger/Statement of Account dated August 08, 2008 with total amount due
in the sum of P104, 902.87 marked as Exhibit “D-2”.
The Ledger/ Statement of Account dated September 07, 2008 with total amount
due in the sum of P100,518.27 marked as Exhibit “D-3”.
The Ledger/ Statement of Account dated October 05, 2008 with total amount due
in the sum of P103,438.53 marked as Exhibit “D-4”.
The Ledger/ Statement of Account dated November 05, 2008 with total amount
due in the sum of P109,413.11 marked as Exhibit “D-5”.
The Ledger/ Statement of Account dated December 07, 2008 with total amount
due in the sum of P116,131.47 marked as Exhibit “D-6”.
The Ledger/ Statement of Account dated January 05, 2009 with total amount due
in the sum of P121,543.86 marked as Exhibit “D-7”.
The Ledger/ Statement of Account dated February 05, 2009 with total amount
due in the sum of P156,607.37 marked as Exhibit “D-8”.
The Ledger/ Statement of Account dated March 06, 2009 with total amount due
in the sum of P169,259.02 marked as Exhibit “D-9”.
The Ledger/ Statement of Account dated April 06, 2009 with total amount due in
the sum of P182,954.60 marked as Exhibit “D-10”.
The Ledger/ Statement of Account dated May 05, 2009 with total amount due in
the sum of P195,661.68 marked as Exhibit “D-11”.
The Ledger/ Statement of Account dated June 07, 2009 with total amount due in
the sum of P211,588.04 marked as Exhibit “D-12”.
The Ledger/ Statement of Account dated July 05, 2009 with total amount due in
the sum of P227,776.30 marked as Exhibit “D-13”.
The Ledger/ Statement of Account dated August 05, 2009 with total amount due
in the sum of P244,804.24 marked as Exhibit “D-14”.
6.
Because the defendant defaulted on his obligation for the use of his
credit card, demands were made for his to failure to pay his obligation, a copy of
demand letter dated August 17, 2009 addressed to defendant Jose Reyes and
received by guard Ruel and August 26, 2009 addressed to defendant Jose
Reyes and received by Defendant himself are hereto attached and made an
integral part hereof as Exhibit “E”,”E-1,”E-2” and “E-3” respectively.
7.
As a consequence thereof, plaintiff engaged the services of its
external counsel, Atty. Fe Laurel, for which the plaintiff agreed to pay 25% of the
total amount due as and by way of attorney’s fees for the purpose of enforcing its
claim against the defendant.
8.
Thus, the plaintiff through the above-mentioned counsel, filed
complaint against Jose Reyes, and docketed as Civil Case No. xxxx which is
pending before Metropolitan Trial Court in Makati City, Branch x.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of
____ 2010 at Makati City.
MARIBEL CRUZ
Affiant
SUBSCRIBED AND SWORN to before me in the City of Makati this ____
day of ____ 2010, affiant exhibited to me her Comm. Certificate No. 03861183
issued at Manila on March 4, 2009.
Doc. No. ____
Page No. ____
Book No. ____
Series of 2010.
REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati City, Branch 61
BANK OF LUZON
Plaintiff,
-versus-
CIVIL CASE NO. XXXXX
FOR SUM OF MONEY
JOSE REYES
Customer No. XXXXXXXXXXXXXXXXX
Defendant
X-------------------------------X
JUDICIAL AFFIDAVIT
Purpose of the testimony: Plaintiff, BANK OF LUZON is presenting the
testimony of MIKE SANTOS, to prove that defendant Jose Reyes personally
received the demand letter sent by FE LAUREL & ASSOCIATES on behalf of
plaintiff bank sometime last 29 August 2009.
MIKE SANTOS, of legal age, Filipino, a Liaison staff at FE LAUREL &
ASSOCIATES, with office address at 5 Zamora Street, Pasay City, after having
been sworn in accordance with law and fully conscious that I do so under oath
and that I may face criminal liability for false testimony or perjury nu way of
answers to the questions propounded to be by Atty. Marian Elena C. Ramiro,
with office address at 5 Zamora Street, Pasay City, do hereby depose and state:
Q1:
Mr. Witness, you mentioned that you are Liaison staff at FE
LAUREL & ASSOCIATES; as such, what your duties and
responsibilities?
A:
I am assigned to coordinate with various private companies and as
well as government agencies and undertake the delivery of demand
letter delinquent credit cardholders of Bank of Luzon. In addition, I
also monitor the results of the delivery of letters to said cardholders
and our office maintains records thereof.
Q2:
In the course of your monitoring letters delivered to delinquent
cardholders and maintaining records thereof, do you recall the
name of Jose Reyes in your records?
A:
Yes, Ma’am.
Q3:
What information do you have in your records regarding said Jose
Reyes?
A:
According to our records, by personal service I served a demand
letter to Jose Reyes sometimes last August 29, 2009. I have the
Field Visit Checklist which was filled up at the end of the day and I
request that it be marked as Exhibit “G”
Q4:
I am showing to you a demand letter dated August 26, 2009
addressed to Jose Reyes of Dasmariñas Cavite marked as Exh. “F2”. Are you familiar with this letter?
A:
Yes Ma’am, that’s the receiving copy of the letter which was
delivered to Jose Reyes.
Q5:
In the receiving copy a, name J Reyes and signature are indicated
herein. Do you know whose name and signature this belongs to?
A:
Yes Ma’am,
Q6:
How did you know that he is Jose Reyes?
A:
When he received the said letter and he signed in front of me.
IN WITNESS WHEREOF, I have hereunto set my hand this ________ of
February 2013 at Pasay City.
MIKE SANTOS
Affiant
ATTESTATION
I, ATTY. FE LAUREL, of legal age, with office address at 5 Zamora St.,
Pasay City, do hereby certify that:
I propounded question to MIKE SANTOS and faithfully recorded or caused
to be recorded the questions I asked and the corresponding answers that MIKE
SANTOS gave, as above stated.
Neither I nor any other person then present or assisting him coached him
regarding the latter’s answers.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of
February 2013 at Pasay City.
ATTY. FE LAUREL
SUBCRIBED AND SWORN to before me this ____ day of ______ 2013,
at ______, affiants exhibiting to me their respective competent evidences of
identity: MIKE SANTOS, his SSS No. XXXXXXXX and FE LAUREL, her Driver’s
License No. XXXXXXXXX, thus satisfactorily having proven their identities to me.
DOC NO: _____
PAGE NO: _____
BOOK NO: _____
SERIES OF 2013
METROPOLITAN TRIAL COURT
Makati City, Branch x
BANK OF LUZON
Plaintiff,
-versus-
CIVIL CASE NO. xxxxx
JOSE REYES
Defendant
X-------------------------------X
ANSWER
DEFENDANT, thru the undersigned counsel and unto this Honorable
Court, most respectfully avers that:
1. The allegations in paragraphs 1, 2, 3, 4, 5 and 7 of the Complaint in so far
as it pertains to his personal circumstances and the fact the defendant
applied for and was issued a credit card by the complainant are hereby
ADMITTED.
2. Paragraphs 6, 8, 9, and 10 are specifically DENIED, the truth of the matter
being those stated in the special and affirmative defenses indicated below.
3. The rest of the averments, are DENIED for lack of knowledge or
information sufficient to form a belief as to their truth of falsity.
SPECIAL and AFFIRMATIVE DEFENSES
4. The Terms and Conditions for the use and availment of BL Credit Card
was never fully explained by the complainant to the defendant considering
that the provisions are difficult to read and understand.
5. the defendant denies having received and demand letter from the
complainant and as such, he should not be considered to have defaulted
in payment.
6. The amount of Two Hundred Sixty Three Thousand Eight Hundred
Seventeen Pesos and Eleven Centavos (P263,817.11) being claimed by
the plaintiff is being disputed by the defendant considering that his credit
card limit is only P90,000 and the defendant did not utilize the credit card
to its maximum limit. Thus, the accrued interest and penalties of around
P180,000.00 is excessive and unconscionable under the circumstances.
7. Defendant has been making payments on his obligations with the plaintiff.
However, considering the financial difficulties by the defendant at present,
he was expecting a restructuring of his unpaid balances since he had
already approached the plaintiff to ask for assistance to settle his
obligations.
8. Defendant does not have the slightest intention of evading whatsoever his
obligation to the plaintiff. It is a matter of simple accounting of records
between his and the plaintiff and a restructuring of the loan if possible.
Hence, the instant case, should the same push through, may be coursed
through mediation proceedings for the purpose.
PRAYER
WHEREFORE, considering the precipitate filing of this case, defendant
respectfully moves for the dismissal of the complaint.
Defendant further prays for such other relief just and equitable in the
premises.
Makati City, 28 May 2010.
ANTHONY CRUZ
Counsel for the Defendant/s
Roll of Attorney’s No. 57359
IBP No. 810801/01-09 10/RSM
MCLE Compliance number (N/A)
Compliance period up to April 2010 per
MCLE Governing Board No. 1, s. 2008
VERIFICATION
I, JOSE REYES, after being sworn in accordance with law, depose and
say: that I am the defendant in the above-entitled case; that I have caused the
above Answer to be prepared and I have read and know the contents thereof and
the allegation therein are true of my personal knowledge
SUBSCRIBED and sworn to before me in Makati City, this 28th day of May
2010 by JOSE REYES with HDMF Transaction Card No. 1040-0021-5864 issued
at Makati City on October 11, 2008.
Atty. Joseph Zamoras
Registry Receipt
Post Office _____________________
Letter /Package No_____________________
Posted on _____________________
Preserve this receipt for reference in case on inquiry
Copy Furnished:
FE LAUREL
Counsel for the Plaintiff
5 Zamora St., Pasay City
SERVICE EXPLANATION
For lack of messenger, a copy of this Answer was sent by registered mail with
return card to Atty. FE LAUREL
TONY PEREZ
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL REGION
METROPOLITAN TRIAL COURT
BRANCH XX, MAKATI CITY
BANK OF LUZON,
Plaintiff,
- versus Civil Case No. ____________
JOSE REYES,
Defendant.
x-------------------------------------------------x
JUDICIAL AFFIDAVIT
Witness:
JOSE REYES, of legal age, Filipino, and resident of Apple Village, Dasmarinas Cavite.
Examining Lawyer:
MARIA R. DELA CRUZ
6th floor Makati City Hall Building,
Poblacion, Makati City
Place of Examination:
Public Attorney’s Office, Makati District
6th floor Makati City Hall Building,
Poblacion, Makati City
Formal Offer: Your Honor, we are offering the testimony of Defendant Jose
Reyes who will be testifying to refute the material allegations in the complaint of
Bank of Luzon (BL) against him. Defendant, in the course of his testimony, will
identify documents pertinent to this case and will also testify on other allied
matters.
I, JOSE REYES, of legal age, Filipino, married, and a resident of Apple
Village, Dasmarinas, Cavite, after having been duly sworn to in accordance with
law, hereby states that:
I am answering the questions propounded by my counsel, Atty. Maria R.
Dela Cruz of Public Attorney’s Office, Makati District, fully conscious that I am
under oath and that I may face criminal liability for false testimony or perjury;
This Judicial Affidavit is written in English, a language known and
understood by me, and the examination and execution thereof were done at the
Public Attorney’s Office, Makati District, 6th floor Makati City Hall Building,
Poblacion, Makati City; and
This Judicial Affidavit shall serve as my direct testimony in this case.
1. Q: Please state your name and other personal circumstances.
A: I am JOSE REYES, of legal age, Filipino, married, and a resident of
Apple Village, Dasmarinas, Cavite.
2. Q: Are you the same JOSE REYES, who is the defendant in civil case no.
xxxxx for collection of sum of money filed by the Bank of Luzon?
A: Yes, Ma’am.
3. Q: Why are you here in court today, Mr. Witness?
A: To give my testimony in connection with the instant case filed against
me by BL, Ma’am.
4. Q: Do you remember having been issued a credit card by the Bank of
Luzon?
A: Yes, Ma’am.
5. Q: When were you issued a credit card by the BL, if you could still recall?
A: Sometime in the late 90’s, Ma’am.
6. Q: When you were issued a credit card by BL, how much was your credit
limit, if you could still recall?
A: I can no longer remember the exact amount, but I am quite sure that
my credit limit increased from the time it was issued to me. The latest
being Ninety Thousand Pesos (P90,000).
7. Q: Why is your credit card limit increased?
A: Most likely because I am a good client.
8. Q: Now, what did you do with the BL credit card issued in your favor?
A: I used it in my purchases.
9. Q: And what did you do after you used said BL credit card issued in your
favor?
A: I religiously paid my obligation with BL on time.
10. Q: Would you recall an instance when you failed to religiously pay your
dues for having used your BL credit card in your purchases?
A: Only in 2009 when I began experiencing financial difficulty that I was
not able to pay my dues with BL. The factors that contributed thereto were
when my mother and two siblings fell ill and I had to finance their
medications. Notwithstanding the financial difficulty I experienced and
continue to experience at present, I made payment though not for the
whole amount in order to somehow reduce my obligation with BL.
11. Q: When was the last time you made payment in favor of BL?
A: Sometime in 2010. I made payments from time to time though as I
have said earlier, they are not in full as I really found it difficult to pay the
amount in full considering the financial quandary I am in, Ma’am.
12. Q: What is your proof that you made payments in favor of BL from time to
time?
A: I have here copies of bank validations which tend to show that I have
paid BL on various occasions, Ma’am
Manifestation: Witness at this juncture handed to this representation several
documents which appear to be copies of bank validations showing payment in
various amounts on various occasions. First is documentation which appears to
be part of a billing statement sent by BL to herein defendant, this document has a
bank validation which shows that Jose Reyes paid the amount of P1,000.00 on
29 December 2009 credit card number xxxxxxx. We would like to manifest Your
Honor that this document was marked during the Pre-Trial as Exhibit “1” for the
defense. Next is another document which has a bank validation which shows that
Jose Reyes paid the amount of P2,000.00 on 27 April 2009 for credit card
number xxxxxxxx. We would like to manifest Your Honor that this document was
marked during the Pre-Trial as Exhibit “2” for the defense. Next is another
document which has a bank validation which shows that Jose Reyes paid the
amount of P1,000.00 on 16 November 2009 for credit card number xxxxxxx. We
would like to manifest Your Honor that this document was marked during the PreTrial as Exhibit “3” for the defense. The fourth document contains a bank
validation which shows that Jose Reyes paid the amount of P1,500.00 on 10
March 2010 for credit card number xxxxxxx. We would like to manifest Your
Honor that this document was marked during the Pre-Trial as Exhibit “4” for the
defense. In view of the previous markings made o these documents as wel as
the identification of the same made by the defendant, may we move Your Honor
that the marking made on these documents be maintained as such.
13. Q: Considering that you were not able to pay the full amount of your
outstanding obligation with BL, what happened to it?
A: I noticed that it almost doubled due to the high amount of finance
charges and late payment charges BL imposed, Ma’am.
14. Q: How much finance charges and late payment charges did they impose
Mister Witness?
A: They imposed 3.25% financial charges on my unpaid account every
month plus late payment charge of 6% of the amount due for every month
or fraction of a month’s delay.
15. Q: What was your reaction when you learned that such amount of finance
charges and late payment charges were imposed by BL on your
obligation?
A: I was shocked, Ma’am.
16. Q: Why is that, Mr. Witness?
A: Because I did not know they would impose such excessive financial
charges and late payment charges.
17. Q: In their complaint-affidavit, BL alleged that you agreed to pay all
charges incurred through the use of your BL credit card within a period of
twenty days from your assigned cut-off date without necessity of demand
and that should you opt to pay the minimum payment required in the
statement of account, your unpaid account shall bear financial charges at
the rate of 3.25% per month and late payment charge of 6% of the amount
due for every month or fraction of a month’s delay whenever you would fail
to pay on your due date. What can you say about that?
A: That is not true, Ma’am, they did not tell me about it when they sent me
the credit card?
18. Q: But BL also claimed that the imposition of financial charges amounting
to 3.25% and late payment charge of 6% were expressly provided for in
the Terms and Conditions governing the Use and Issuance of the BL
credit card, which were printed a he back of the letter supposedly sent to
you together with the credit card, are you aware of that?
A: No, Ma’am, I am not aware of such terms and condition attached to the
card.
19. Q: Do you recall if there was anyone from BL who explained to you such
terms and conditions governing the use of BL credit card?
A: No Ma’am. I do not recall anyone from BL explaining to me said terms
and conditions governing the use of BL Credit Card.
20. Q: How about signing any document containing the terms and conditions
governing the use and issuance of the BL Credit Card, do you remember
having signed any such document?
A: No, Ma’am.
21. Q: But are you aware now of such terms and conditions governing the
use and issuance of the BL Credit Card?
A: Yes, Ma’am. I am made aware of such terms and conditions only now,
when this particular case was filed against me. To reiterate, no one from
BL explained to me the alleged terms and conditions. And even if the
same was written at the back of the letter supposedly delivered to me with
the credit card, the provisions therein are written in so fine prints and in
breathlessly long sentences perhaps for the purpose of being ignored
altogether.
22. Q: Now you said that you became aware of the terms and conditions
governing the use and issuance of the BL Credit Card only after this
particular case was filed against you, did you find any provision therein
with respect to payment charges?
A: Yes Ma’am there exists a provision concerning payment charges but I
cannot find anything therein that states an imposition of financial charges
at the rate f 3.25% per month and the imposition of late payment charge of
6% of the amount due for every month or fraction of a month’s delay.
23. Q: Now Mr. Witness, had the imposition of financial charges amounting to
3.25% and late payment charges of 6% explained to you, would you have
agreed to the same?
A: No Ma’am because the 3.25% financial charge and 6% late payment
charge is just too much and I believe it’s illegal.
24. Q: Also in the statements of account attached by plaintiff on their
complaint-affidavit, there is an apparent compounding of interest. Do you
remember having agreed to such compounding interest of BL?
A: No Ma’am.
25. Q: Now you’re saying that the financial charges and late penalty charges
imposed by BL is too much, how much charges the do you consider
justified?
A: A total interest of 12% per annum is justified and there must be no
compounding interest because I believe BL has no basis for its imposition.
26. Q: What can you say now with respect to the allegation made by BL to the
effect that you have an outstanding, overdue and unpaid obligation with
them in the amount of two hundred sixty-three thousand, eight hundred
seventeen pesos and eleven centavos (P263,817.11)
A: That is way too excessive Ma’am. I acknowledge that I have an
outstanding obligation to BL but not to that extent
27. Q: Why do you say so?
A: My obligation reached that amount because of the excessive, iniquitous
and unconscionable interest and fine imposed by BL.
28. Q: BL also claims that by reason of your willful, unjustified and continued
failure and/or refusal to pay your outstanding, overdue and unpaid
obligation with them, they were constrained to engage the services of a
counsel to protect their interest, and they want you to pay the attorney’s
fees that is equivalent to 25% of the total amount due plus their counsel’s
appearance fee every Court Hearing. What can you say about that?
A: I should not be made to pay the fees of their counsel, Ma’am. If BL
incurred expenses in hiring a counsel for the purpose of filing the instant
case against me, they should be made to bear the consequence thereof. I
did not ask for this case, all I wanted is a simple accounting of records
between me and BL so that the real amount of my outstanding obligation
be reflected
29. Q: Considering what you have said Mister Witness, what do you want the
Honorable Court to do with the case filed against you?
A: I hope that this case will be decided with fairness. I acknowledge that I
have an obligation with BL, I just hope that my obligation be limited to my
principal obligation coupled with a reasonable amount of interest
30. Q: Do you affirm and confirm the truthfulness and veracity of all the
statements you stated in this judicial affidavit?
A: Yes Ma’am.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day of
February
2013 at Makati City
JOSE REYES
Affiant
SUBSCRIBED AND SWORN TO before me this 19th day of February,2013 at the Public
Attorney’s Office in Makati City, Philippines. Affiant exhibiting to me his GSIS
Multipurpose ID No. 123-1234-1234-1
NOTARY PBLIC
ATTESTATION OF COUNSEL
I, MARIA DELA CRUZ, single, Filipino, of legal age with office address at 5 th floor, new
Makati City Hall Building, JP Rizal St. Poblacion Makati City, after having been sworn to
in accordance with law, hereby attest that:
1. I am the examining lawyer in the foregoing Judicial Affidavit.
2. I faithfully recorded the questions that I asked and the corresponding answers that
the witness gave in his Judicial Affidavit.
3. Neither 1 nor any other peron then present r assisting me coached the witness
regarding the latter’s answer.
IN WITNESS WHEEOF, I have hereunto set my hand this 12 th day of February 2013 at
Makati Cty, Philippines
MARIA DELA CRUZ
Affiant
SUBCRIBED AND SWORN to me this 12th day of February 2013 at Makati City,
Philippines. Affiant exhibited to me here IBP ID with Lifetime Membership NO. 12345
FAY ABRENICA
Copy Furnished:
Atty Fe Laurel