A.M. No.

08-8-7-SC
FORM 3-SCC

REPUBLIC OF THE PHILIPPINES

TH
5 MUNICIPAL CIRCUIT TRIAL COURT
Pangil, Laguna

TURUMBA RURAL BANK, INC.

rep. by SAMSON CASTILLO, Civil Case No. SCC-095-04-14
Plaintiff, For: Collection of Sum of Money
vs.

EMMANUEL E. SANDICHO,
Defendant.
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RESPONSE

Defendant respectfully alleges:

1. Defendant admits the allegations pertaining to the personal

circumstances and residence addresses of the parties.

2. Defendant specifically denies that he still owes the plaintiff any sum of
money as he has already paid all obligations to the plaintiff by way of
payroll deductions collected by a designated “Pay Master” who served as
“collection agent” of the plaintiff. The said “Pay Master” issued post-
dated checks to the plaintiff to cover the payments made by defendant as
well as group co-borrowers. NOTABLY IN THE PREVIOUS ACTIONS FILED
BY PLAINTIFF, IT HAS ATTACHED PERTINENT DOCUMENTS SHOWING
THAT THE CHECKS ISSUED BY ITS PAY MASTER AND/OR COLLECTING
AGENT PERTAIN TO THE ALREADY COLLECTED LOAN AMORTIZATIONS
OF DEFENDANT AND HIS CO-BORROWERS.

3. Defendant opposes the grant of the prayer in the Statement of Claim for
the following reasons, as supported by the attached documentary proofs:
PAGE 1 OF 3 - RESPONSE (EMMANUEL SANDICHO)

3.1. Plaintiff has already previously instituted multiple actions to

recover the payments of the loans, not only of herein defendant,
but also other co-borrowers who have already paid by way of
salary deductions collected on-behalf of plaintiff by its designated
“pay master” and/or “collecting agent”.

3.2. Plaintiff is guilty of forum-shopping and perjury as it has already

commenced prior actions against its designated “pay master”
and/or “collecting agent” for recovery of the loan proceeds by
instituting multiple criminal complaints for violation of B.P. Blg. 22
before this very same Honorable Court.
 3.3. Attached hereto as Annexes “1” to “26” are copies of the pertinent
documents which show that plaintiff already instituted prior to this
case, actions against its designated “pay master” and/or “collecting
agent” for recovery of the proceeds of the loan amortizations
collected from defendant and his co-borrowers. NOTABLY IN THE
PREVIOUS ACTIONS FILED BY PLAINTIFF, IT HAS ATTACHED
PERTINENT DOCUMENTS SHOWING THAT THE CHECKS ISSUED BY
ITS PAY MASTER AND/OR COLLECTING AGENT PERTAIN TO THE
ALREADY COLLECTED LOAN AMORTIZATIONS OF DEFENDANT
AND HIS CO-BORROWERS. Thus, plaintiff admitted that it’s cause
of action or appropriate recourse is already against its designated
“pay master” and/or “collecting agent” and not against defendant
and his co-borrowers.

4. As the Statement of Claim is baseless, defendant is entitled to the

following counterclaims:
_____ Actual Damages of PHP 5,000.00
_____ Moral Damages of PHP 50,000.00
_____ Exemplary Damages of PHP 25,000.00
_____ Costs of suit

PRAYER

WHEREFORE, defendant respectfully prays for judgment to be

rendered dismissing the Statement of Claim, and granting the
counterclaims, ordering plaintiff to pay defendant the following sums:

_____ Actual Damages of PHP 5,000.00

_____ Moral Damages of PHP 15,000.00
_____ Exemplary Damages of PHP 10,000.00
_____ Costs of suit

EMMANUEL E. SANDICHO
DEFENDANT
PAGE 2 OF 3 - RESPONSE (EMMANUEL SANDICHO)

REPUBLIC OF THE PHILIPPINES)

SANTA CRUZ, LAGUNA ) ss.

VERIFICATION & CERTIFICATION

I, EMMANUEL E. SANDICHO, of legal age, Filipino, married and resident of

6870 Palasan, Santa Cruz, Laguna under oath, depose and state that –

 I am the defendant in the above captioned case; I caused the

preparation and filing of the foregoing Response with counter-claim; I
read and understood the same; I certify that the declarations are true
 and correct of my own personal knowledge and on the basis of
authentic records.

 I have not commenced any action or proceeding involving the same

issues before any other court, agency or tribunal. To my personal
knowledge, except for those previously commenced by Turumba Rural
Bank before this same Honorable Court, no such action or proceeding is
pending before any other court, agency or tribunal. If I come to know
of any other pending action to that effect, I will inform this Honorable
Court within five [5] days thereafter.

IN WITNESS WHEREFORE, I affixed my signature this 4 th day of June

2014 in Santa Cruz, Laguna.

EMMANUEL E. SANDICHO
Affiant

SUBSCRIBED AND SWORN to before me this 04 June 2014 in Santa

Cruz, Laguna by affiant with Driver’s License No. N26-01056314 issued at
LTO Pila Ditrict Office, Laguna; valid until 11 December 2016.

Doc. No. _____;

Page No._____;
Book No._____;
Series of 2014
PAGE 3 OF 3 - RESPONSE (EMMANUEL SANDICHO)