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Republic of the Philippines

REGIONAL TRIAL COURT


9th Judicial Region
Branch 14, Zamboanga City
AMERKHAN SABDULA
Plaintiff,
-versus-

Civil Case No. _______________


For: Collection of a Sum of Money

RALPH JOSEPH ZERNA


Defendant.
x-------------------------------------x

COMPLAINT
Plaintiff, thru the undersigned Counsel, unto this Honorable Court,
respectfully alleges:

1. That Plaintiff is of legal age, Filipino, single and with residence at


Guiwan, Zamboanga City. Plaintiff may be served with notices,
orders and processes of this Honorable Court through the
undersigned counsel;
2. That Defendant is likewise of legal age, Filipino, single and with
residence at San Roque, Zamboanga City, where he may be
served with summons;
3. The plaintiff and the defendant have capacity to sue and be sued.
4. That sometime, January 5, 2014, in the city of Zamboanga, for
value received, the defendant executed a promissory note in favor
of the plaintiff AmerkhanSabdula in the sum of One Million Pesos
(P1, 000,000.00) to be fully paid on or before November 5, 2014
plus an interest of Three Percent (3%) every month, commencing
from the month of February 2015 until fully paid and Five Percent
(5%) penalty every month on the total amount due and
demandable until fully paid.

5. That a photocopy of the said promissory note is hereto attached as


ANNEX A and made an integral part hereof.
6. That defendant was able to pay only the amount of Three Hundred
Thousand Pesos (P300, 000.00) from the principal and despite the
lapse of the period to pay the obligation, defendant failed to pay
her total obligations thereby entitling the plaintiff to be paid of the
unpaid principal in the addition to the agreed 3% per month by way
of interest.
7. That said loan now long overdue despite of repeated demands,
the defendant failed and refused to settle the same as evidenced
by the Demand Letter send by the plaintiffs Counsel demanding
the defendant to pay the unpaid principal amount of Seven
Hundred Thousand Pesos (P700, 000.00) plus Twenty One
Thousand Pesos (P21, 000.00) representing the total unpaid
monthly interest and Seventy Thousand Pesos (P70, 000.00)
representing the penalty. A photocopy of which is hereto attached
as Annex B and made an integral part hereof.
8. That all succeeding demands made by the plaintiff were all met by
unyielding refusal by the defendant.

PRAYER
WHEREFORE, after hearing and trial, judgment is rendered in favor
of the plaintiff and against the defendant, ordering the latter the following
1. To pay the plaintiff the unpaid principal amount of Seven Hundred
Thousand Pesos (P700, 000.00) plus Twenty One Thousand
Pesos (P21, 000.00) representing the total unpaid monthly
interestand Seventy Thousand Pesos (P70, 000.00) representing
the penalty.
2. Attorneys fees equivalent to Ten Percent (10%) of the total
amount claimed.
3. Costs of litigation.
4. Other just and equitable relief.

Zamboanga City, Philippines, January 19, 2015.

ATTY. NORBRYAN B. EDDING


Counsel for the Plaintiff
4A Macrohon Building
Campaner Street, Zamboanga City
PTR No. 141414, 01-14-10
IBP OR. No. 141414, 01-14-10
Roll No. 141414
MCLE Cert. No. 14141414
(062)955-0683/09177091484
jan.edding87@gmail.com
VERIFICATION AND CERTIFICATE
Republic of the Philippines
City of Zamboanga

)
) S.S.

I, AMERKHAN SABDULA, Filipino, of legal age residing at Guiwan,


Zamboanga City, after being sworn to in accordance with law, deposes and
say:
1. That I am the Plaintiff in the above-entitled case;
2. The facts stated in the above complaint are true and correct to the
best of my knowledge, belief and authentic records;
3. I have not commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to
the best of my knowledge, no such other action or claim is pending
in them.
4. If I should learn that the same or similar action or claim has been
filed or is pending after its filing, I shall report that fact within five
(5) days from notice to the court or where the complaint or
initiatory pleading has been filed.
Zamboanga City, Philippines, January 19, 2015.

AMERKHAN SABDULA
Affiant

SUBSCRIBED and SWORN to before me, this 19thof January 2015 in


the city of Zamboanga, Philippines. Affiant exhibiting to me his Drivers
License 1234567890 issued in Zamboanga City on September 12, 2014.

Doc No.
____
Page No. ____
Book No. ____
Series of 2015

ATTY. NORBRYAN B. EDDING


Notary Public
Commission Serial No. 1414141414
Until December 31, 2015
PTR No. 141414, 01-14-10
IBP OR. No. 141414, 01-14-10
Roll No. 141414
MCLE Cert. No. 14141414
09177091484
jan.edding87@gmail.com

January 5, 2014
Zamboanga City
P1,000,000.00
FOR VALUE RECEIVED, I promise to pay without need of demand to the
order of AMERKHAN SABDULA, at his residence in Guiwan, Zamboanga City
Philippines, the principal amount of One Million Pesos (P1,000,000.00), Philippine
Currency, on or before November 5, 2014. In addition to the foregoing, I promise
to pay an interest rate of Three Percent (3%) every month, commencing from
February 5, 2014 until this note is fully paid.
In case of default of payment, I agree to pay a penalty equivalent to Five Percent
(5%) every month based on the total amount due and demandable until fully paid.
Should it become necessary to collect this note with the services of a lawyer, I shall

pay an amount equivalent to Ten Percent (10%) of the amount claimed in the
complaint as attorneys fees, exclusive of costs of litigation and other expenses.
January 5, 2014 at Edding and Associates Law Office, Zamboanga City,
Philippines.

RALPH JOSEPH ZERNA

Edding and Associates


4A Macrohon Building, Campaner Street, Zamboanga City
Tel No. (062) 955-0683

November 14, 2014


RALPH JOSEPH ZERNA
San Roque, Zamboanga City
Dear Mr. Zerna,
We are writing you in behalf of our client, Mr. AmerkhanSabdula. It appears that sometime on
January 5, 2014, you executed a promissory note in favor of our client AmerkhanSabdula,
promising to pay the unpaid principal amount of Seven Hundred Thousand Pesos (P700,000.00),

Philippine Currency, on or before November 5, 2014 plus a monthly interest of Three Percent
(3%) amounting to Twenty One Thousand Pesos (P21,000.00).
However, up to the present, you have not acted on our clients demand to pay him the
aforementioned amount. Hence, we are giving you a period of Five (5) days from receipt hereof
to pay him the amount Seven Hundred Thousand Pesos (P700, 000.00) representing the unpaid
principal amount and Twenty One Thousand Pesos (P21, 000.00) representing the unpaid
monthly interest. Please deliver the amount in our office anytime between 9:00 AM-5:00 PM
located at 4A Macrohon Building, Campaner Street, Zamboanga City.
If you still fail and/or refuse to settle the same, we will be constrained to resort to legal action to
protect the interest of our above-named client.
Hoping that you will give this matter your favorable attention and immediate action.
Truly yours,
ATTY. NORBRYAN B. EDDING

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