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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


FIRST JUDICIAL REGION
BRANCH ____
BAGUIO CITY

Y
Plaintiff,
Civil Case No. _____
-versusFor: Collection of Sum of Money,
Attorneys Fees and Other Reliefs
X
Defendant.
x------------------------------x

COMPLAINT
PLAINTIFF, by and through the undersigned counsel and unto this
Honorable Court, most respectfully state that:

PARTIES
1. Plaintiff is a Filipino, of legal age, single and a residing at #07
Bakakeng Norte, Baguio City. He may be served with notices, orders
and processes of this Honorable Court though undersigned counsel;
2. Defendant is Filipino, of legal age, single and residing at #38
Bakakeng Norte, Baguio City, where he may be served with summons
and other court processes;
FIRST CAUSE OF ACTION
3. On June 30, 2014, for value received, the defendant executed and
delivered to plaintiff a promissory note in the amount of EIGHTY
THOUSAND PESOS (Php80, 000.00) to be fully paid on or before
August 8, 2014. A copy of the promissory note is hereto attached as
Annex A;
4. That despite the lapse of the period, the defendant failed to pay the
amount subject of the promissory note nor any part thereof;

SECOND CAUSE OF ACTION


5. On July 15, 2014, the plaintiff and the defendant entered into a loan
agreement whereby the defendant borrowed from the plaintiff the sum
of THREE HUNDRED THOUSAND PESOS (Php300, 000.00)
which became due on September 15, 2014. A copy of the notarized
acknowledgement of debt by the defendant is hereto attached as
Annex B;
6. That the defendant has not paid the amount subject of the contract of
loan or any part thereof on the date it became due;
7. The plaintiff sent separate demand letters to the defendant on October
30, 2015 and December 1, 2015 for the fulfillment of the obligations
subject of the promissory and loan contract. However, these demands
were unheeded. A copy of said demand letters are hereto attached as
Annex C and Annex C-1;
8. That the continued refusal of the defendant to settle his account
prompted the plaintiff to lodge a complaint with the barangay officials
of Barangay Bakakeng Norte, Baguio City. A Certificate to File
Action, copy of which is hereto attached as Annex D, was issued on
January 5, 2015 for failure of the parties to come to an amicable
settlement;
9. On February 5, 2015, defendant left the Philippines for the United
States of America;
10. Defendant owns the following properties in the Philippines:
a) Mercedes Benz car, 2010 model; and
b) A parcel of land located in Baguio City having an assessed value
of Php200,000.00;
11. That by virtue of the defendants unwarranted and malicious acts, the
plaintiff has been compelled to litigate and to engage the services of a
counsel.

PRAYER
WHEREFORE, it is most respectfully prayed that after due hearing,
judgment be rendered in favor of the Plaintiff and against the Defendant in
this manner:
1) That the amount of THREE HUNDRED EIGHTY THOUSAND
(Php380, 000.00) be paid to the plaintiff by the defendant representing

2)

3)
4)
5)

the total amount of the promissory note and the loan contract, with
interest thereon at the legal rate of 6% per annum from the time of the
filing of the complaint and until the same is fully paid;
That a writ of preliminary attachment be issued to place in custodia
legis and attach as security for the satisfaction of any judgment the
properties of the Defendant above-mentioned;
Attorneys fees equivalent to the 10% of the principal amount;
Php10,000.00 as litigation expenses; and
Other reliefs as this Honorable Court may deem appropriate and
equitable are likewise prayed for.

Baguio City, Philippines, September 10, 2015.

_____________________________
JOSIE P. RIZAL
Attorney for Plaintiff
No. 311 Vath Building, Baguio City
Roll No.: 508128
PTR No.: 1112345 01-18-2015 Baguio City
IBP No.: 176184 01-18-2015 Baguio City
MCLE Compliance No.: 455813 08-05-2015

Copy furnished: (by registered mail due to distance)

VERIFICATION AND CERTIFICATION


I, Y, Filipino, of legal age, single and resident of #07 Bakakeng Norte,
Baguio City is the plaintiff in the foregoing case, after having been duly
sworn to in accordance with law, depose and say that:
I have caused the preparation of the foregoing pleading, the
contents of which I have read and understood and know to be true
to the best of my knowledge and belief;
I have not filed any other action or proceeding involving the
same parties and issues nor is there any pending before the
Supreme Court, Court of Appeals or any other tribunal or agency;
that should I thereafter learn that a similar action or proceeding has
been filed or is pending before any other court, I undertake to
report the same within five (5) days from the knowledge thereof to
this court where this certification is filed.

Baguio City, Philippines, September 11, 2015.

____________________________
Y
Affiant
SUBSCRIBED AND SWORN to before me this 11th day of
September, 2015 in the City of Baguio, Philippines.

________________________
JERICHO ROSARIO
Notary Public
Doc. No. 05
Page No. 03
Book No. VI
Series of 2015

ANNEX A

PROMISSORY NOTE
Php80, 000.00

Baguio City, Philippines

June 30, 2014

FOR VALUE RECEIVED, I promise to pay to the order of Y eighty


thousand pesos (Php80, 000.00) at his residence at #07 Bakakeng Norte,
Baguio City on or before August 8, 2014.

______________________
X
Maker

ANNEX B
ACKNOWLEDGEMENT OF DEBT
KNOW ALL MEN BY THESE PRESENTS:
I, X, Filipino, of legal age, single, with postal address at #38 Bakakeng Norte, Baguio
City, witnesseth:
That I am indebted in the sum of THREE HUNDRED THOUSAND PESOS
(P300,000.000), Philippine Currency, to Y, also a Filipino, of legal age, single, with
postal address at #38 Bakakeng Norte, Baguio City;
That I shall pay the sum of THREE HUNDRED THOUSAND PESOS (Php 300,000.00)
unto Y on or before September 15, 2014.
IN WITNESS WHEREOF I have affixed my signature hereto this 15th day of July 2014
in Baguio City, Philippines.
_____________________________
X

WITNESSES:

______________________________
CHOLO PASCUAL

________________________________
RUBY ANN SANTOS

ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
_____________________________ ) SS.
BEFORE ME, a Notary Public, this ____________day of ________________, personally
appeared the following:
Name
(Name of Debtor)
(Name of Creditor)

CTC Number
10000000
10000000

Date/Place Issued
January 15, 20__ / Manila
February 24, 20__ / Pasig

IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above
written.

_______________________
BRYAN AGONCILLO
Notary Public

Doc. No. 11
Page No. 17
Book No. III
Series of 2014

ANNEX C
DEMAND LETTER
November 1, 2015
X
#38 Bakakeng Norte, Baguio City

Dear Mr. X,
On June 30, 2014 for value received, you have executed and delivered to me
a promissory note with an amount of eighty thousand pesos (Php80, 000.00)
that has become due on August 8, 2014. Also, on July 15, 2014 we have
executed a loan agreement with a principal amount of three hundred
thousand pesos (Php300, 000.00) that has become due on September 15,
2014. You have failed to pay both of these obligations on their respective
due dates.
I am sending you this letter to remind you of your due obligations. I demand
you to pay the full amount of your obligations and I will expect a response to
this letter within 30 days from receipt.
Sincerely,
Y

ANNEX C-1
DEMAND LETTER
December 1, 2015
X
#38 Bakakeng Norte, Baguio City

Dear Mr. X,
It has been 30 days since you received my letter dated October 30, 2015 and
still, you have failed to pay and still refuses to pay your obligations under
the promissory note and loan contract which amounts to a total of THREE
HUNDRED EIGHTY THOUSAND PESOS (Php380, 000.00).
Consider this then, as my last and final demand for you to pay your account
within five 30 days from receipt. Otherwise, I shall be constrained to
commence a complaint against you to protect my interests.

Very truly yours,


Y

ANNEX D
Republic of the Philippines
Barangay Bakakeng Norte
City of Baguio

OFFICE OF THE LUPONG TAGAPAMAYAPA

Barangay Case No. 224


For: Collection of Sum of Money
Y,
Complainant
-againstX,
Respondent

CERTIFICATION TO FILE ACTION


This is to certify that:
1. There has been no personal confrontation between the parties before
the Punong Barangay because the respondent was absent and that
mediation failed.
2. The Pangkat Tagapagkasundo was constituted but there has been no
personal confrontation before the Pangkat because the respondent
refused to appear during the hearing. Likewise it did not result into a
settlement.
3. Therefore, the corresponding complaint for the dispute may now be
filed in the appropriate court.
This 5th day of January 2015.

_________________________
JENNILYN MONCADO
Lupon Secretary
ATTESTED BY:
___________________
DENNIS PARILLO
Lupon Chairman

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