Republic of the Philippines

REGIONAL TRIAL COURT

6TH Judicial Region
Iloilo City

DYARD MAGSIPOC, BARBIE G. SUYO,

Plaintiff,
CIVIL CASE NO. 2018-1
-versus- FOR COLLECTION OF SUM
OF MONEY
JEREMIA PICCIOBELEN G. PACANA,
Defendant.

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

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

1. Plaintiff DYARD MAGSIPOCBARBIE G. SUYO is of

legal age, married, and a resident of Brgy. TABUC SUBA,
Jaro, 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 PICCIOBELEN PACANA is also of

legal age, married and a resident of TABUC SAPAQUINTIN
SALAS, Jaro, Iloilo City where he may be served with
summons and processes of the Court;

3. Sometime on MAYDECEMBER 25, 20142016, 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 20142017, 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, 20142017; November 28, 20142017 and
December 19, 20142017 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 SUBA, 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.

IlouloIloilo City, Philippines. 12th9th January 20162018. Formatted: Superscript

FUENTES LUY LUMAMPAO Law and Accounting Offices

GENEVIEVE S. TERSOL
Counsel for Plaintiff Formatted: Normal, Indent: Left: 1.25", First line: 0", Tab
stops: 2.7", Left + 3.38", Centered
ROOM 2, 32nd Floor, Ramos Tower
MEGAWORLD, TERSOL - TERSOL LAW OFFICE
Lopez Jaena Street, Jaro
Iloilo City 5000 Formatted: Normal, Indent: Left: 1.25", First line: 0", Tab
stops: 2.7", Left + 3.38", Centered
Tel. No. (053) 321-5180/09399267777
E-mail: iwincases@gmail.com

BY

ATTY. EDUARDO S. LUY, JR.

Roll No. 821069103092 Formatted: Font: Times New Roman, 14 pt

MCLE Compliance No.: III-0007418
PTR No 928888, May 25, 2017
IBP No. 08251 –9191 Lifetime Iloilo City
PTR No. 70 - 1/2/16 Iloilo
MCLE Compliance IV No. 123456
Formatted: Normal, Centered, Indent: Left: 1.25", First
line: 0", Tab stops: 2.7", Left + 3.38", Centered
Formatted: Font: 14 pt
Formatted: Font: Times New Roman, 14 pt
Formatted: Normal, Centered, Indent: Left: 1.25", First
line: 0", Tab stops: 2.7", Left + 3.38", Centered

Issued on November 12, 2015 Formatted: Font: Times New Roman, 14 pt

Formatted: Font: 14 pt
 Formatted: Font: Not Bold
Formatted: Indent: Left: 1.25"

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, Aling E. DingdongBARBIE SUYO, 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 12th9th day of January 20162017 at Iloilo City, Formatted: Indent: First line: 0.5"

Philippines.

Aling E. Dingdong
BARBIE G. SUYO
Affiant
T.I.N. 216-777-222523-775-444, Iloilo City Formatted: Font: Not Bold
Formatted: Font: Not Bold
 Formatted: No Spacing, Centered, Indent: First line: 0",
Adjust space between Latin and Asian text, Adjust space
between Asian text and numbers

SUBSCRIBED AND SWORN to before me, this 12th9th day of

January 20162017, affiant exhibiting to me his Tax Identification Card as
shown above below her name as competent evidence of his identity.

GENEVIEVE S. TERSOL
Counsel for Plaintiff Formatted: Font: Times New Roman, 14 pt

ATTY. NONITO Q. PASUELO, JR. Formatted: Font: 14 pt

Formatted: Normal, Centered, Indent: Left: 1.25", First
Counsel for Plaintiff line: 0", Tab stops: 2.7", Left + 3.38", Centered
TERSOL - TERSOL LAW OFFICE
Lopez Jaena Street, Jaro
Iloilo City 5000
Roll No. 66199103092 Formatted: Normal, Centered, Indent: Left: 1.25", First
line: 0", Tab stops: 2.7", Left + 3.38", Centered
MCLE Compliance No.: III-0007418
PTR No 928888, May 25, 2017
IBP No. 011 –9191 Lifetime Iloilo City Formatted: Normal, Indent: Left: 1.25", First line: 0", Tab
stops: 2.7", Left + 3.38", Centered
PTR No. 70 - 1/2/16 Iloilo
MCLE Compliance IV No. 001234
Issued on January 12, 2015

Doc. No. 1 ; Formatted: Font: Times New Roman

Formatted: Font: Times New Roman
Page No. 2 ;
Formatted: Font: Times New Roman
Book No. II ; Formatted: Font: Times New Roman, Underline

Series of 20162018. Formatted: Font: Times New Roman

Formatted: Font: Times New Roman