REPUBLIC OF THE PHIPIPPINES

First Judicial Region

Regional Trial Court
Baguio City, Branch___

Professor Baguio, Civil case no. ___

Plaintiff, For: Collection of

sum of money
--versus--

Doctor Benguet,
Defendant,

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

COMPLAINT

With all due respect to this most honorable court, plaintiff

through the undersigned counsel, respectfully alleges that:
1. Plaintiff, Professor Baguio, a professor of SLU Baguio City,
and a manager of lending company, is a resident of #44,
Military Cut-Off St., Baguio City of legal age, Filipino and
Single;

2. Defendant Doctor B, is a citizen of the Philipines, of legal

age, single and a resident of #32 Purok 5, Kias, Baguio City;

3. On January 18, 2017, Professor Baguio and Doctor Benguet

entered a loan agreement in which the former agreed to
lend an amount of ONE MILLION, FIVE HUNDRED PESOS
(Php 1,500,000.00);

4. The loan agreement had a period of 1 year from the date

of agreement or until January 19, 2018 with 10% interest per
 annum. A copy of the Loan Agreement between the
parties is hereto attached as Annex “A”;

5. On February 18, 2017 Doctor Benguet issued in favor of the

Plaintiff a postdated check in the amount of ONE MILLION,
SIX HUNDRED FIFTY THOUSAND PESOS (P 1,650,000.00)
representing the principal amount of the loan and the 10%
previously agreed upon in the Loan Agreement. A copy of
the post-dated check is hereto attached as Annex “B”;

6. The above described post-dated check was supposed to

be encashed when the loan became due and
demandable on January 19, 2018. However, when the due
date came and the check was encashed the bank
dishonored the check by reason of insufficiency of funds.
Such dishonor was represented through a Notice of
Dishonor. A copy of the Notice of Dishonor is hereto
attached as Annex “C”;

7. Upon knowledge of the dishonor Professor Baguio, sent a

demand letter to Doctor Benguet regarding said fact and
for him to make good of the check but despite repeated
demands he failed to do so;

8. Professor Baguio even saw Doctor Benguet while walking

down session road and asked for the payment of the loan
as well as the interest agreed upon, but to no avail;

9. The failure of Doctor Benguet to pay his obligation to

Professor Baguio prompted the latter to formally demand
from the former the fulfillment of the obligation, through a
demand letter. In said demand letter, Professor Baguio
being a good friend of Defendant gave Doctor Benguet
until March 20, 2018 to pay the whole amount of ONE
MILLION, SIX HUNDRED THOUSAND PESOS (P 1,650,000.00);
a copy of which is hereto attached as Annex “D”;
10. However, until now, the defendant has yet to fulfil his
obligation and has not even attempted to reach out to the
plaintiff;

11. By reason of the refusal of Doctor Benguet to make good

of his obligation despite several demands, Professor Baguio
was forced to pursue legal remedies to protect his rights and
interests.

PRAYER
Wherefore, we humbly ask this honorable court to hear and
decide the case in favor of the plaintiff and after due hearing
and legal processes, to order the defendant to comply with
the following:
1. To pay the amount of ONE MILLION, SIX HUNDRED FIFTY
THOUSAND PESOS P 1,650,000.00 related to unpaid loan
obligation with 10% interest counted from the first demand;
2. To order the defendant to pay moral damages amounting
to FIFTY THOUSAND PESOS (P 50,000.00) for the emotional
distress he cause to the plaintiff when he did not make
good of his commitments;

3. To order the payment of attorney’s fees and cost of

litigation amounting to FOURTY FIVE THOUSAND PESOS (P
45,000.00); and,
4. All other reliefs that the court may deem reasonable and
necessary.

Baguio City, Philippines, this 18th day of August 2018.

ATTY. MIKAEL LORENZO TABANDA
Roll No. 5551: 03-02-10
IBP Lifetime: 3356
MCLE Compliance: II 12345
PTR No. 86710
 VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

I, plaintiff, Professor Baguio, of legal age, Filipino, single

and a resident of #44, Military Cut-off St., Baguio City,
having been duly sworn to in accordance with law hereby
depose and state that:

1. I have caused the preparation and filing of the

foregoing complaint;
2. I have read the contents thereof and all allegations
therein are true and correct to the best of my own
personal knowledge;
3. I hereby certify that I have not commenced any other
action or proceedings involving the same issues and
parties in any court or tribunal within the Philippines and
that to the best of my knowledge and belief, no such
other action or proceeding is pending before any court,
and if I should thereafter learn of similar action before
any court, I will promptly inform the court within 5 days
from knowledge thereof.

In witness whereof, I have hereunto affixed my signature

this 18th day of August, 2018, in the City of Baguio,
Philippines.

Mr. Professor Baguio

#44 Military Cut-off rd., Baguio
Benguet Philippines
Driver’s License A404-123556-12354
Subscribed and sworn before me, this 18th day of August, 2018,
Baguio Philippines, affiant Professor Baguio exhibiting to me his
Driver’s License A404-123556-12354, as proof of his identity.

Doc. No. 28 ATTY. SAUL ARIES MARCK ORTIZ

Page No. 32 Roll No. 5551: 03-02-10
Book No. XVII IBP Lifetime: 3356
Series of 2018 MCLE Compliance: II 12345
PTR No. 86710
 ANNEX “A”

LOAN AGREEMENT
ANNEX “B”

CHECK
 ANNEX “C”

NOTICE OF DISHONOR
 ANNEX “D”

DEMAND LETTER