Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial RegionBranch ___Legazpi City
MR. X,
Petitioner,
-versus- CIVIL CASE NO. 123 For:
Sum of Money with prayer for the issuance
of writ of preliminary attachment
MR. Y,
Respondent

x-----------------------------------x

COMPLAINTCOMES NOW , the plaintiff, through the undersigned counsel, and unto this
honorable court, most respectfully avers:

1. That plaintiff is of legal age, Filipino Citizen, with postal address at#1136-A A. Maceda
Street, Legazpi City;
2. That Defendant Y, is of legal age, Filipino Citizen, with postal address at No. 24
Evangelista Street, Santolan, Pasig City, where he may be served with summons and
other processes by this Honorable Court;
3. That sometime in January 2005, defendant obtained several construction materials from
the plaintiff in the total amount of P5,000,000.00 as evidenced by the Purchase Order,
Delivery receipt which are hereto attached as Annexes A D hereof;
4. That as payment of the said constriction materials, defendant issuedseveral postdated
checks and represented that the same will be coveredby sufficient funds on its maturity
dates. Copies of the checks are hereto attached as Annexes E G hereof;
5. That on its maturity date, the said checks was dishonored by the draweebaks upon
presentment for payment for reason ACCOUNT CLOSED, asevidenced by the notice of
dishonor issued by the bank which is hereto attached as Annex H hereof;
6. That despite repeated demands orally and in writing, defendantsrefused and continously
refusing to make good the said bounced checksor pay the construction materials to the
damage and prejudice of herein plaintiff. Copy of the demand letter is hereto attached as Annex
I hereof;
7. That as a result of the unwarranted and unjustifiable refusal of the defendants to pay the
said construction materials or make good said checks, plaintiff suffered sleepless nights,
serious anxiety in which he should be awarded the amount of P100,000.00 as moral
damages, and to set an example to the public, plaintiff should be awarded exemplary
damages un the amount of P100,000.00;

ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OFPRELIMINARY

ATTACHMENT
Plaintiff re-pleads all the foregoing averments by way of reference and in so far as they are
relevant and material to its application for the issuance of a writ of Preliminary Attachment;

8. A sufficient cause of action exists against the defendant;

 9. The defendant are guilty of fraud in contracting and in the performance of their obligation
as manifested by defendant, Mr. Y, who represented himself as a credible businessman
and financially capable of paying his obligation, when in truth and in fact, he is not, and
the fraudulent scheme becoming more evident when despite demands, he failed and
refused to settle without justifiable ground his just and demandable obligation;
10. There is no sufficient security for the claim sought to be enforced by the present action;

11. The amount due to the plaintiff in the above-entitled case isP5,000,000.00, excluding
legal fees and other charges as of to date for which amount, an order of attachment is
being sought above all legal counterclaims against the Defendants;

12. Plaintiff is ready and willing to give a bond to be fixed by this Honorable Court, executed
to the defendant, to answer for all costs which may be adjudged to the latter, and all
damages which defendant may sustain by reason of the attachment prayed for, if the court
shall finally adjudge that Plaintiff is not entitled thereto; In support of the foregoing
allegations, the Plaintiff has attached hereto his affidavit.

WHEREFORE , premises considered, it is most respectfully prayed unto this Honorable Court
that, after hearing, judgment be rendered as follows:
1. An order of attachment be immediately issued by this Honorable Court, requiring the
sheriff to attach properties of the Defendants which are not exempt from execution or so
much thereof as may be sufficient to satisfy Plaintiffs demand which is in the total amount of
P5,000,000.00; and after hearing;
2. Judgment be rendered ordering the defendant to pay plaintiff theamount of
P5,000,000.00, representing unpaid account excludinglegal fees and other charges as of
to date;
3. Ordering the defendants to pay the plaintiff the amount of P100,000.00 as moral
damages, and P100,000.00 as exemplarydamages;
4. P50,000.00 by way of Attorneys fees and P2,500.00 as per appearance fee and costs of suit;
5. Ordering the defendants to pay the costs of suit.Other reliefs which are just and
equitable are likewise prayed for.

Legazpi City, Philippines, March 31, 2005.

ABOGADO LAW OFFICE

Counsel for the Petitioner
Rasi Bldg., Legazpi City

By:
ABOGADO A. ABOGADO
IBP No. 1231231/2-5-05
PTRNo.123/10-2203/Leg.
Roll No. 123123
VERIFICATION/CERTIFICATION AGAINSTFORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF LEGAZPI )S.S.

I, MR. X, of legal age, Filipino Citizen, married, after having been duly sworn to in
accordance with law, hereby depose and say:

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

2. That I have cause the preparation of the foregoing Complaint/Petitionand have read the
allegations contained therein;
3. That the allegations in the said complaint/petition are true and correctof my own
knowledge and authentic records;
4. I hereby certify that I have not commenced any other action orproceeding involving the
same issued in the Supreme Court, Court of Appeals, or any other tribunal or agency;
5. That if I should thereafter learned that a similar action or proceeding hasbeen filed or is
pending before the Supreme Court, court of Appeals orany other tribunal agency, I
hereby imdertake to report that fact withinfive (5) days therefrom to the court or agency
wherein the originalpleading and sworn certification contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of theforegoing facts and to
comply with the provision of Adm. Circular No.04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of March
2005, in Legazpi City, Philippines.

MR. X
Affiant

SUBSCRIBED AND SWORN to before me this __ day of March 2005, in the City of
Legazpi, with affiant exhibits to me his SSS ID, with ID No. 1234issued at Legazpi City on
April 2001.
Notary Public
Doc. No.____;
Page No.____;
Book No.____;
Series of 2014.

REPUBLIC OF THE PHILIPPINES )

CITY OF LEGAZPI )S.S.

AFFIDAVIT OF GOOD FAITH

I, MR. X, Filipino, of legal age, and with office address at No. 1136-A, A. Maceda Street,
Legazpi City, after having been duly sworn to in accordance with law, do hereby depose and say:

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

2. That I have a good and sufficient cause of action against the defendant;
3. That this action is one of those specifically mentioned in Sec. 1 of Rule57 of the Rules of
Court, namely that Defendant was guilty of fraud in contracting the debt or incurring the
obligation upon which the action is brought, as he convinced plaintiff that he was a
financially capable businessman;
4. That the amount due to the plaintiff in this case is P5,000,000.00,excluding legal fees and
other charges, above all legal counterclaims;
5. That there is no sufficient security for the claim sought to be enforced by the present
action.

IN WITNESS WHEREOF, I have hereunto set my hands this 31st day of March
2005, at Legazpi City.

MR. X
Affiant
SUBSCRIBED AND SWORN TO before me this ___ day of March, 2005 in the
city of Legazpi.
Notary Public
Doc No.____;
Page No._____;
Book No._____;
Series of 2005.