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Republic of the Philippines

REGIONAL TRIAL COURT


6TH Judicial Region
Iloilo City

DYARD MAGSIPOC,
Plaintiff,
CIVIL CASE NO. 2016-1
-versus- FOR COLLECTION OF SUM
OF MONEY
JEREMIA PICCIO,
Defendant.

/------------------------------------------------/

COMPLAINT
COMES NOW THE plaintiff, through undersigned counsel and
to this Most Honorable Court, respectfully avers THAT:

1. Plaintiff DYARD MAGSIPOC is of legal age, married, and


a resident of Brgy. TABUC SUBA, Iloilo City where he
may also be served with all orders, notices and other
processes of this Honorable Court or that of the office
address of undersigned counsel indicated below;

2. Defendant JEREMIA PICCIO is also of legal age, married


and a resident of TABUC SAPA, Iloilo City where he may
be served with summons and processes of the Court;

3. Sometime on MAY 25, 2014, Defendant obtained and was


granted a loan by the Plaintiff in the principal amount of
ONE HUNDRED THOUSAND PESOS ( 100,000),
Philippine Currency. A true and faithful machine
reproduction of the Promissory Note made by the defendant
is hereto attached as ANNEX "A" and made an integral part
hereof;

4. As of October 2014, Defendant still has an Outstanding


Balance amounting to TWENTY FIVE (25,000)
Philippine Currency, and has failed and neglected to pay,
without just and valid grounds, the said Outstanding Balance
for the aforementioned loan;
5. Despite Plaintiff's repeated demands, both written and
verbal, Defendant failed, neglected and refused, and
continues to fail and refuse to pay and to settle the said
Outstanding Balance, without just and valid grounds, to the
continued damage and prejudice of Plaintiff. A true and
faithful machine reproduction of the Plaintiff's demand
letters to defendant dated November 10, 2014; November
28, 2014 and December19, 2014 hereto attached as
ANNEXES "B", "C" AND "D" respectively and made an
integral part hereof;

6. Plaintiff likewise initiated proceedings before the Lupong


Tagapamayapa of Brgy. TABUC SAPA, Iloilo City,
however, defendant failed to appear during the scheduled
mediation proceedings despite proper notice, prompting the
Lupong Tagapamayapa to issue a Certificate to File Action.
A copy of the Notice of Hearing and the Certificate to File
Action are hereto attached as ANNEXES "E" AND "F"
and made an integral part hereof;

7. Consequently, in order to protect the interests and livelihood


of herein Plaintiff, the latter was forced to engage the
services of counsel and thus incurred Attorney's Fees in the
amount of FIVE THOUSAND PESOS ( 5,000),
Philippine Currency and litigation expenses in the amount of
FIVE THOUSAND PESOS ( 5,000), Philippine
Currency.

PRAYER

WHEREFORE, premises considered, it is most respectfully


prayed of the Honorable Court that judgment be rendered in favor of the
plaintiff:

1. Ordering the Defendant to pay the Plaintiff the following


sums:

a. The amount of TWENTY FIVE THOUSAND


PESOS ( 25,000), Philippine Currency, representing
Defendant's Outstanding Balance, plus interest at the
rate of two percent (2%) per month as stipulated in the
Promissory Note;
b. FIVE THOUSAND PESOS ( 5,000), Philippine
Currency as Attorney's Fees;

c. Two percent (2%) of the total amount due as


Collection Charges/Liquidated Damages;

d. The cost of the suit.

2. Plaintiff likewise prays for other reliefs deemed just and


equitable in the premises are similarly prayed for.

Iloulo City, Philippines. 12th January 2016.

FUENTES LUY LUMAMPAO Law and Accounting Offices


Counsel for Plaintiff
ROOM 2, 32nd Floor, Ramos Tower
MEGAWORLD, Iloilo City
Tel. No. (053) 321-5180/09399267777
E-mail: iwincases@gmail.com

BY

ATTY. EDUARDO S. LUY, JR.

Counsel for Plaintiff

Roll No. 821069

IBP No. 08251 Lifetime

PTR No. 70 - 1/2/16 Iloilo

MCLE Compliance IV No. 123456

Issued on November 12, 2015


VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

I, Aling E. Dingdong, of legal age, after having been duly sworn,


deposes and states that:

1. I am the plaintiff in the above stated case;

2. I have caused the preparation of the said complaint for collection


of sum of money with damages;

3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of the
documents and records in my possession;

4. I have not commenced any other action or proceeding involving


the same issues in the any tribunal, agency or body;

5. To the best of my knowledge and belief, no such action or


proceeding is pending before any tribunal, agency or body;

6. If I should thereafter learn that a similar action has been filed


before any tribunal, agency or body, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

Executed this 12th day of January 2016 at Iloilo City,


Philippines.

Aling E. Dingdong
Affiant
T.I.N. 216-777-222, Iloilo City
SUBSCRIBED AND SWORN to before me, this 12th day of January
2016, affiant exhibiting to me his Tax Identification Card as shown above
below her name as competent evidence of his identity.

ATTY. NONITO Q. PASUELO, JR.


Counsel for Plaintiff
Roll No. 66199
IBP No. 011 Lifetime
PTR No. 70 - 1/2/16 Iloilo
MCLE Compliance IV No. 001234
Issued on January 12, 2015

Doc. No. 1;
Page No. 2;
Book No. II;
Series of 2016.