FORM 3-SCC

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

counterclaims:
(Sa dahilang walang basehan ang Habla ng Pagsingil, ang Hinahabla ay may Karapatan sa
mga ganiting-habol na sumusuond.)

________ Actual Damages for the value of the loss suffered by the filing of the case P______
(Bayad para sa aktwal na pinsalang idinulot ng pagsampa ng kaso)
________Moral Damages for wounded feelings, mental anguish, serious anxiety, besmirched
reputation and other inconviniences the plaintiff caused you by the filing of this case P______
(Bayad pinsalang Moral para sa nasaktang damdamin/sama ng loob, lubhang pag-iisip,
nabahirang reputasyon at iba pang pinsala na idinulot ng pagsampa ng kaso.)
________Exemplary Damages to teach plaintiff a lesson P_________________.
(Bayad Pinsalang panghalimbawa para sa maturuan ng aral ang Naghahabla.)

________Cost of suit for the money defendant spent in filing a countercharge against plaintiff
P___________. (Kabayaran.Gastos sa kasong isinampa.)

5. While it is true that I am indebted to Plaintiff in the amount of Php 120,000.00 the same is
paid by now as I have already paid Plaintiff a total amount of Php 244, 000.00 evidenced by the
documents hereby attached as Annexes A, B, C, and D. Any demand for payment
whether it is of the principal amount or of the interest shall be superfluous, oppressive and void.

6. The Supreme Court in so many cases have held that although the contracting parties to a loan
agreement have wide latitude to stipulate on any interest rate in view of the Central Bank
Circular No. 905 s. 1982 which suspended the Usury Law ceiling on interest, interest rates
whenever unconscionable may still be declared illegal. There is certainly nothing in said circular
which grants lenders carte blanche authority to raise interest rates to levels which will either
enslave their borrowers or lead to a haemorrhaging of their assets.

Thus, in Medel v. Court of Appeals and Ruiz v. Court of Appeals the Court annulled a stipulated
5.5% per month or 66% per annum interest on P 500, 000.00 loan and 6% per month or 72% per
annum interest on a P 60,000.00 loan and 3% monthly interest, respectively for being exorbitant,
unconscionable, unreasonable, inequitable, illegal, immoral or void. In both cases, the interest
rates were reduced to 12% per annum.

The imposition of an unconscionable rate of interest on a money debt, even if knowingly and
voluntarily assumed, is immoral and unjust. It is tantamount to a repugnant spoliation and an
iniquitous deprivation of property, repulsive to the common sense of man and contrary to the
Civil Code provision found in Article 1306 which allows the contracting parties to establish such
stipulations, clauses terms and conditions, provided they are not contrary to law, moral, good
customs, public order or public policy.

In this case, the interest rate of 8% per month or 96% per annum is clearly exorbitant,
unconscionable, unreasonable, inequitable, illegal, immoral and therefore void

With all these, it is respectfully prayed of this Honorable Court, that my indebtedness be declared
paid as I have already paid P 240,000.00.
Other relief and remedies as may be deemed just and equitable under the premises are likewise
prayed for.

DARLYN PALADIN BUENAVISTA

DEFENDANT
(Hinahabla)

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF LANAO DEL SUR) S.S.
MUNICIPALITY OF WAO)

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, DARLYN PALADIN BUENAVISTA, Filipino, of legal age, married, and a resident

of Brgy. Eastern, Wao, Lanao del Sur, Philippines, after having been duly sworn according to law
do hereby depose and say:

1. That I am the defendant in the above-entitled case;

2. That I have caused the preparation of the foregoing response;
3. That all the contents thereof are true and correct of my own knowledge; and
4. That I hereby certify that I have not initiated any similar action either terminated or
pending before the Court of Appeals, Supreme Court or any other forum whatsoever
involving the same parties, the same subject matter, and for the same cause; and that
should I discover later on any of said similar action of whatever status, I obligate
myself to report the same to this Honorable Court within 5 days from discovery
thereof.

DARLYN PALADIN BUENAVISTA

DEFENDANT
(Hinahabla)