Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 26, Cebu City

JUAN T. AMAD, JR.

Plaintiff
CIVIL CASE NO. 45678
-versus- For: Collection of a Sum of Money
with Damages
RACHEL SANTOS

Defendant
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X

COMPLAINT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,

respectfully alleges:

1. That Plaintiff is of legal age, Filipino, a resident of 1016

Condominium, Luzon Avenue, Cebu Business Park, Cebu City, Philippines;

2. That Defendant, Rachel Santos, is likewise of legal age, single,

Filipino, and a resident of #8 Sampaguita St., Welcome Subdivision, Cebu
City Philippines, where summons and court processes may be served;

3. That the plaintiff is a creditor of the defendant for a sum of

money amounting to One Million Five Hundred Thousand Pesos (PhP
1,500,000.00), evidenced by a Promissory Note dated September 25, 2017,
made in favor of the plaintiff executed by the herein defendant, stating, among
others, that payment of the above stated sum shall be due one (1) year
subsequent to the execution of the aforementioned Promissory Note, or on
September 25, 2018, with a monthly interest of 10% based on the above stated
principal amount which shall fall due on the 25th day of every month,
reckoned from the date of execution of the Promissory Note. The true and
original copy of said Promissory Note is hereto attached as Annex “A”;

4. That after the lapse of the due date as stated above, no payment
was made to the plaintiff;

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 5. That plaintiff, through counsel, sent a Letter of Demand dated
September 26, 2018 to the defendant for the payment of her obligation, stating
that the same should be paid within five days from receipt of the aforesaid
letter, the true and original copy of which is hereto attached as Annex “B”;

6. That despite receipt of the above stated letter, evidence by a

Registry Receipt dated September 27, 2018, hereto attached as Annex “C”,
and after the lapse of the five (5) day period as provided in the aforementioned
Letter, coupled with the plaintiff's repeated verbal demands, the defendant
failed, neglected and refused to fulfil her obligation without just and valid
grounds to the continued damage and prejudice of plaintiff, leaving no other
recourse but to litigate and file this action;

7. That the defendant has, as of this date, defaulted in the payment

of an aggregate amount of Three Million Nine Hundred Thousand Pesos
(P3,900,000.00), inclusive of interest, as evidenced by an Independent Audit
, attached herein as Annex “D” ;

8. That the plaintiff in order to enforce his rights and interests, has
sought the services of a legal counsel with attorney’s fees amounting to Three
Hundred Thousand Pesos (PhP 300,000.00) and an appearance fee of
Twenty Five Thousand Pesos (PhP 25,000.00) per hearing, evidenced by the
true and original receipts thereof attached hereto as Annex “E-1” and Annex
“E-2”;

9. That the plaintiff has paid for litigation expenses amounting

already to Two Million Three Hundred Twenty Thousand Pesos (PhP
2,320,000.00), as evidenced by the true and original receipts thereof, attached
hereto as Annexes “F-1 to F-5”;

10. That by reason of defendant’s unjustified acts which ultimately

resulted to the plaintiff’s physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social
humiliation, and similar injury, plaintiff seeks the recovery of moral damages
in the amount of One Million (P1,000,000.00);

11. That by reason of defendant’s violation and disregard of

Plaintiff’s rights, the award of exemplary damages in the amount of One
Million (P1,000,000.00) should likewise be granted as a means to serve as a
deterrent to the commission of any acts similar to that as displayed by the
defendant and of others similarly-minded.

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 PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully

prayed of this Honorable Court that, after due hearing, judgment be rendered
against the defendant ordering the latter to pay the plaintiff as follows:

1. The amount of THREE MILLION NINE HUNDRED

THOUSAND PESOS (P3,900,000.00) representing the unpaid obligation
inclusive of interest as evidenced by the Promissory Note duly executed dated
September 25, 2017;

2. The amount of ONE MILLION PESOS (P1,000,000.00) as and

by way of moral damages;

3. The amount of ONE MILLION PESOS (P1,000,000.00) as and

by way of exemplary damages;

4. Litigation Expenses amounting to FIVE HUNDRED

THOUSAND PESOS (500,000.00)

Other reliefs just and equitable under the premises are likewise prayed
for.

Cebu City, February 11, 2019

EARL B. VELASCO
Counsel for the Plaintiff
VELASCO TOWER, Cebu Business Park (Ayala), 6000, Cebu City
PTR No. 1231261-12.08.2017 (for 2018) Cebu City
Roll of Attorneys No. 52321; IBP LRN 02222
MCLE Compliance No. V-0005221 (Issued 12.18.14)
Telephone No. : (032) 253-4990, Fax No. : (032) 254-3497
Email-address: VELASCOLAW@gmail.com

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 VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING

I, , JUAN T. AMAD, JR., Filipino, single and a resident of 1016

Condominium, Luzon Avenue, Cebu Business Park, Cebu City, Philippines,
after having been duly sworn in accordance with law depose and say:

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

2. That I caused the preparation of the foregoing Complaint and I

have read the allegations therein and certify that the same are true and
correct of my own personal knowledge;

3. That I further certify that I have not commenced any other action
involving the same issues before the Supreme Court, Court of Appeals
or any division thereof or any tribunal or agency; and to the best of my
knowledge no such action is pending before the Supreme Court, Court
of Appeals or any division thereof or any tribunal or agency;

4. That in the event that any action involving the same should be
made known, I hereby bind myself to report the same within five (5)
days from knowledge thereof to this Honorable Court.

WITNESS WHEREOF, I hereunto set my hand this __11th _ day of

February, 2019 at Cebu City, Cebu, Philippines.

JUAN T. AMAD, JR.

Plaintiff/Affiant

SUBSCRIBED AND SWORN TO before me this __11th_ day of

February, 2019 at Cebu City, affiant having exhibited to me his Social
Security Service identification card with No. 14389047 issued on 04-21-15 at
Cebu City.

PABLO ESCOBAR

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 Notary Public
For Cebu City, Carcar City and Municipality of San Fernando
Notarial Commission No. 051-01 (Until Dec. 31, 2019)
Suite No. 21, 15th Floor, Calyx Building
Lahug, Cebu City, Philippines
PTR No. 1231261-12.08.2017 (for 2018) Cebu City
Roll of Attorneys No. 52321; IBP LRN 02222
MCLE Compliance No. V-0005221 (Issued 12.18.14)

Doc. No._____
Page No. ____
Book No. _____
Series of _____

Copy Furnish:

Rachel Santos
Defendant
#8 Sampaguita St.,
Welcome Subdivision,
Cebu City, Philippines

Lamak Approbar
Counsel for Defendant
Suite No. 3, ALP Bldg.,
Guadalupe, Cebu City, Philippines

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