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Republic of the Philippines

REGIONAL TRIAL COURT


6th Judicial Region
Branch ___
Makati City

__________, Plaintiff, CIVIL CASE No. 16-0956-2341

- versus – FOR: COLLECTION OF SUM OF


MONEY.

____________,
Defendant.
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COMPLAINT
PLAINTIFF, by counsel, respectfully alleges, :

1. Plaintiff is a Filipino, of legal age, single, and residing at BLK


288 L 4 Paboreal ST. Bgy. Rizal Makati city, where she may be
served with summons, papers and other process of this
Honorable Court.

2. Defendant _____ is a Filipino, of legal age, single, and


residing at ________, where he may be served with summons,
papers and other process of this Honorable Court.

3. For value received the defendant executed and


delivered to RX Motor’s Phil. INC – Rey Charles (Dealer) a
promissory notes (Annex A) dated on January 10 2016 with the
amount of P500, 000.00 payable in 50 months at a monthly
installments of P10,000 beginning February 15 2016 and on the
15th day of every month from the due date until the entire
obligation has been paid.

4. To secure the payment for the promissory note, the


defendant also executed in favor of the dealer a Chattel
Mortgage dated January 10 2016 over the motor vehicle
describe below
MAKE/TYPE: 2014 Honda Shine
MOTOR NO. 4A5UBH4520
SERIAL NO. MMBSNA13DEHT14217

Together with the body built or may be built thereon and all the
equipment and attachments and accessories which may now
from time to time be used with added or attach to the motor
vehicle.

5. On June 18, 2016 the dealer assigned to the plaintiff all it’s
rights, title and interest over the Promisory note with
Chattel Mortgage through a deed of Assignement (Annex
B) dated June 18, 2016

6. In the Promissory note with Chattel Mortgage, it is


stipulated among others that the default on payment of
any installment/other stipulated charges due and/or the
violation of other terms and conditions shall make the
unpaid balance and the time of default, immediately due
and payable and shall entitle the plaintiff to obtain
possession of the mortgaged motor vehicle from the
defendant who are bound on demand to deliver the
same to the plaintiff for purposes of foreclosure, and who
may foreclose such mortgage motor vehicle at any place
where may it be found or situated or where the paintiff
may have it principal or branch office.

7. Defendants violated the terms and conditions of the


Promissory note with Chattel Mortgage when they failed
at least three monthly installments from January to March
this year.

8. Notwithstanding the waiver of the defendant in the


Promissory note with Chattel Mortgage to receive
demand letter before filing and complaint the plaintiff still
issue a demand letter to surrender the subject vehicle or
to pay for the obligation under terms of the Promissory
note with Chattel Mortgage. However despite the
repeated demand, written and oral, defendant still failed
and continue to refuse to pay his obligation, a copy of the
demand letter dated May 3 2017 is hereto attached as
Annex C the total obligation as of June 1 2018 is at
P200,000 excluding penalties and legal fees as per
statement account date June 19, 2017.
PRAYER

WHEREFORE, the above premises considered, it is


respectfully prayed of this Honorable Court after hearing on the
merits, that:

a. Defendant be ordered to pay for actual damages in


the amount of ONE HUNDRED SEVENTY-ONE
THOUSAND PESOS (Php 171, 000.00);

b. Defendant be ordered to pay moral damages in the


amount of THREE HUNDRED THOUSAND PESOS (Php
300,000.00);

c. Defendant be ordered to pay attorney’s fees in an


amount equivalent to TWENTY FIVE PERCENT (25%) of
the total amount to be adjudged in favor of
plaintiffs;

d. Defendant be ordered to pay the costs of this suit.

Other reliefs just and equitable under the premises are


likewise prayed for.

For the Plaintiff

By

ATTY. HAZELMER SALES FERNANDEZ


HF Law Firm, Suite 704, Hi-Residences Bldg.,
Luzuriaga Street, Bacolod City
PTR No. 1247838 1-20-2017 Bacolod City
IBP No. 911117 1-21-2017 Bacolod City
Roll No. 89994
MCLE Ex. No. 111-000748 1-13-2017
For 3rd compliance
Republic of the Philippines )
Bacolod City )s.s
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VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

I, Clare Benitez, Filipino, of legal age, single and residing at


Door No. 42, Gumamela Road, 16th Street, Bacolod City, after
having been duly sworn to in accordance with law depose
and say, THAT:

That I am the Plaintiff in the above-entitled case; That I


have caused the preparation of the above Complaint and I
have read the same and knows the contents thereof; That the
allegations contained therein are true and correct of my own
personal knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this


19th day of June, 2016 at Bacolod City, Philippines.

SUBSCRIBED AND SWORN to before me this 19th day of


June, 2016 by Clare Benitez, who exhibited to me her Voter’s ID
No. 12345 issued at Bacolod City, Philippines on May 12, 2010.

WITNESS MY HAND AND SEAL.

Doc. No. 0012;


Page No. 003;
Book No. 001;
Series of 2016.