Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
Branch ____
Baguio City

JUAN DELA CRUZ,

Plaintiff, Civil Case No. ____________

- versus - For: Sum of Money

RICARDO DALISAY,
Defendant.
x -------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff, Juan Dela Cruz, is a Filipino, of legal age, and

resident of #1 ABC Condominium, T. Alonzo, Baguio
City. For purposes of this action, copies of Honorable
Court’s processes may be served at the office address of
the undersigned counsel indicated below;

2. Defendant, Ricardo Dalisay is also a Filipino, of legal age

and resident of #10 DEF Condominium, Upper General
Luna, Baguio City where he may be served with
summons and other processes;

3. On January 15, 2017, defendant and plaintiff executed

a loan agreement in view of value receive in the sum of
one million five hundred thousand pesos (P
1,500,000.00) in twelve (12) monthly installment
starting from February 1, 2017 and to be fully paid
January 15, 2018. A copy of the agreement is hereto
attached as Annex “A”;

4. The Parties stipulated that the interest shall be pegged

at 10% per annum;

5. The defendant issued a post-dated check hereto

attached as Annex “D”;
6. In contravention however of their agreement, defendant
was remiss in her duties since defendant failed to tender
or pay the agreed amortization since February 1, 2017
and as per section 3 of the Loan Agreement (Annex A)
which states: “the Lender may at anytime declare the
outstanding balance of any and all of the Borrower’s load
due and payable immediately”;

7. Therefore, the total loaned amount is now due and

payable immediately;

8. Demand was made to defendant but despite receipt of

which, defendant failed and refused and still continue to
fail to pay the same. A copy of the letter is hereto
attached as Annex “B”;

9. Plaintiff brought the matter before the Lupon of Upper

General Luna, Baguio City for dialogue or confrontation
but the defendant refused to obey the summons or
appear for hearing and therefore a certification to file
action was issued by the Office of the Lupong
Tagapamayapa, a copy of which is attached as Annex
“C”;

10. There is no sufficient security for the claim sought to

be recovered from the defendant in the instant action,
and the amount due to plaintiff is as much as the sum
for which the order of attachment may be granted above
all legal counterclaims;

11. Plaintiff is willing to put up a bond for the issuance of

the preliminary attachment in an amount fixed by court,
which is not exceeding the amount of plaintiff’s claim;

12. By reason of defendant’s unreasonable failure or

refusal to pay his due and demandable obligation,
plaintiff was forced to engage the services of counsel to
vindicate his rights thereby committing himself to pay
legal expenses amounting to Fifty Thousand Pesos
(P50,000.00); and

13. Thus, this action.

 PRAYERS
WHEREFORE, it is respectfully prayed that, pending the
hearing of the case, a writ of preliminary attachment be issued
against the property of the defendant to serve as security for the
satisfaction of any judgment that may be recovered herein, and
after due hearing on the principal cause of this action, judgment
be rendered against the defendant for the sum of ONE MILLION
FIVE HUNDRED THOUSAND (P 1,500,000.00), with legal
interest, as ACTUAL DAMAGES, FIFTY THOUSAND PESOS
(P50,000.00) as Attorney’s Fees and with interest at the
stipulated rate of twelve per centum per annum (12%) from
January 20, 2010 plus cost of the suit.

Other just and equitable reliefs are also prayed for.

Respectfully submitted on this 18th day of August 2018 in

Baguio City, Philippines.

Page 1
Doc. 1 Atty. John Lester M. Balagot
Book 1 IBP No 990000
Series of 2018 Roll No. 909000/March 2022
PTR No. 182
MCLE Compliance No. 1938
lmbalagot@gmail.com
Room #19 ABC Building,
Upper General Luna, Baguio
Republic of the Philippines)
Baguio City) S.S.

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, JUAN DELA CRUZ, of legal age and with residence at #1

ABC Condominium, T. Alonzo, Baguio City, after having been
duly sworn, depose and say:

1. That I am the plaintiff in the above entitled complaint.

2. That I have caused the preparation by my counsel of said

complaint.

3. That I have read the allegations therein contained, and

that the same are true and correct of my personal knowledge or
based on authentic records.

4. That I have not theretofore commenced any action or filed

any claim involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein; and if I should thereafter
learn that the same or similar action or claim has been filed or is
pending to the court wherein the aforesaid complaint or initiatory
pleading has been filed.

Witness my hand this 18th day of August 2018 at Baguio

City.

JUAN DELA CRUZ

Affiant
ID # 123846

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary

public in and for the City of Baguio this 18th day of August, 2018.
Affiant personally came and appeared with Driver’s License ID
No. issued by the Land Transportation Office and valid until May
1, 2019, AT Baguio City, bearing his photograph and signature,
known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.
Page 1 Atty. John Lester M. Balagot
Doc. 1 IBP No 990000
Book 1 Roll No. 909000/March 2022
Series of 2018 PTR No. 182
MCLE Compliance No. 1938
lmbalagot@gmail.com
Room #19 ABC Building,
Upper General Luna, Baguio
 EXPLANATION

This Complaint has been furnished to defendant’s counsel

by registered mail due to lack of messengerial services

Atty. John Lester M. Balagot

 FORM NO. 989

REGISTRY RECEIPT

Received from the postmaster at #10 DEF Condominium,

Upper General Luna, Baguio City registered letter No. 1010
Posted at Baguio City, Philippines addressed to Mr. Ricardo
Dalisay.

August 24, 2018

Signature of the addressee

 AFFIDAVIT OF SERVICE

I, Miguel T. Reyes, a Filipino, of legal age, and resident of

#1 GHI Condominium, Mabini, Baguio City respectfully depose
and states that:

1. On August 20, 2018, I went to the residential address of

Ricardo Dalisay with the Complaint at #10 DEF
Condominium, Upper General Luna, Baguio City;

2. Upon arriving at the said address, I looked for Ricardo

Dalisay but he was not present;

3. No other persons were present at that time;

4. Thus, no personal service of the said complaint was

effected.

On the 21st day of August 2018 at Baguio City.

Miguel T. Reyes
Affiant
TIN # 2133

SUBSCRIBED AND SWORN to before me this 21st day of August

2018 at Baguio City affiant exhibiting to me his Tax Identification
(TIN) No. 2133 issued on March 20, 2016 at Baguio City.

Doc. No. ; Atty. John Lester M. Balagot

Page No. ; IBP No 990000
Book No. ; Roll No. 909000/March 2022
Series of 2018. PTR No. 182
MCLE Compliance No. 1938
lmbalagot@gmail.com
Room #19 ABC Building,
Upper General Luna, Baguio
 LOAN AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

ANNEX “A”
Parties

THE LENDER, Juan Dela Cruz, is a Filipino, of legal age, and

resident of #1 ABC Condominium, T. Alonzo, Baguio City.

and

THE BORROWER, #10 DEF Condominium, Upper General

Luna, Baguio City.

Witnesseth

Both parties have agreed upon the following terms and

conditions:

First, that the LENDER will extend a loan for the

BORROWER in the amount of ONE MILLION FIVE HUNDRED
THOUSAND PESOS (P 1,500,000.00);

Second, that the BORROWER is required to pay the said

amount in twelve (12) monthly installment starting from
February 1, 2017 and to be fully paid January 15, 2018.

Third, the Lender may, after January 15, 2018, declare the
outstanding balance of any and all of the Borrower’s loan due
and payable immediately;

Lastly, that the interest of said loan will be pegged at 10%

per annum.

In witness whereof, the parties have hereunto affixed their

signature this 15th day of January, 2017 at Room #19 ABC
Building, Upper General Luna, Baguio.

Juan Dela Cruz Ricardo Dalisay

Lender Borrower
TIN # 1239 TIN # 1238
 In the presence of:

John Dela Cruz Karding Dalisay

TIN #1237 TIN # 1236
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF ______) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Baguio

this 18th day of August, 201, personally appeared the lender with
Tax Identification (TIN) No. 1239 issued on March 20, 2016 at
Baguio City and the defendant with Tax Identification (TIN) No.
1238 issued on March 20, 2016 at Baguio City, known to me and
to me known to be the same person who executed the foregoing
instrument which they acknowledged to me as their free and
voluntary act and deed, consisting of only three (3) pages,
including this page in which this Acknowledgement is written,
duly signed by them and their instrumental witnesses on each
and every page hereof.

WITNESS MY HAND AND SEAL this 15th day of January,

2017 at Baguio City, Philippines.

Page 1
Doc. 1 Atty. John Lester M. Balagot
Book 1 IBP No 990000
Series of 2018 Roll No. 909000/March 2022
PTR No. 182
MCLE Compliance No. 1938
lmbalagot@gmail.com
Room #19 ABC Building,
Upper General Luna, Baguio
Atty. John Lester M. Balagot
Room #19 ABC Building,
Upper General Luna, Baguio
Telephone No: 074-444-1234
Email:lmbalagot@gmail.com ANNEX “B”

February 15, 2018

Mr. Ricardo Dalisay

#10 DEF Condominium,
Upper General Luna,
Baguio City

Dear Mr. Ricardo Dalisay,

We write for and in behalf of my client, Mr. Juan Dela Cruz,

regarding your obligation to pay the amount you borrowed from
the latter in the amount of One Million Five Hundred Thousand
Pesos (P 1,500,000.00) which became due on January 15, 2018
as shown in the Loan Agreement which you both executed in
January 20, 2017.

A final demand is made upon you to pay the said amount. You
are given 30 days from receipt of this letter to comply with the
demands. Otherwise, we will be constrained to file the necessary
legal action against you to protect the interest of our client. We
hope that you will address thus matter promptly to avoid the
expense and inconvenience of litigation.

Sincerely,

Atty. John Lester M. Balagot

 Republic of the Philippines
Baguio City
Upper General Luna Rd.

ANNEX “C”
JUAN DELA CRUZ,
Plaintiff, Barangay Case No.

- versus - For: Collection of Sum of

Money

RICARDO DALISAY,
Defendant.
x -------------------------- x

CERTIFICATE TO FILE ACTION

This is to certify that:

1. There was a personal confrontation between the paries

before the Punong Barangay but mediation failed;

2. The Punong Barangay set the meeting of the parties for the
constitution of the Pangkat;

3. The respondent failed or refused to appear without

justifiable reason at the conciliation proceedings before the
Pangkat; and

4. Therefore, the corresponding complaint for the dispute may

now be filed in court.

Arianne Javier
Pangkat Secretary

Attested by:

Jessa Bontagen
Pangkat Chairman
 ANNEX “D”

ACCOUNT NO. ACCOUNT NAME 01233456789

001-234-56789-0 RICARDO DALISAY

DATE: MARCH 08, 2018

PAY TO THE ORDER OF RICARDO DALISAY the amount of one million pesos
(P 1,000,000.00)

BANK OF THE
PHILIPPINE ISLANDS

1213143345-3453-64767-86786