Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch ____
Fourth Judicial Region
Lipa City, Batangas

LIMCOMA MULTI-PURPOSE
COOPERATIVE,
Represented by William M. Amazona
Or Caroline M. Montante,
Plaintiff,
CIVIL CASE NO. _____
- versus- For: Collection of Sum of
Money and Damages

SPS. MARIA CRUZ and

JUAN CRUZ
Defendants.

X------------------------------------------------X

COMPLAINT

PLAINTIFF, through counsel, most respectfully alleges that:

1. Plaintiff, LIMCOMA MULTI-PURPOSE COOPERATIVE, is a

cooperative duly organized and existing under the laws of the Republic of
the Philippines, with business address at Sabang, Lipa City, represented
herein by William M. Amazona and/or Caroline M. Montante are Filipinos,
both of legal age, married and with business address at Limcoma Multi-
Purpose Cooperative, Sabang, Lipa City. Copy of the Secretary Certificate is
attached hereto as Annex “A” and made an integral part hereof;

2. Defendants Maria Cruz and Juan Cruz are Filipinos, both of legal
age, married and residents of Sinisian East, Lemery, Batangas, where they
may be served with summons, notices, orders and other legal processes of
the Honorable Court;
 3. Plaintiff, as a cooperative, is engaged in the production and sale of
animal feed products to its members. It launched a feed subsidy program
wherein it will provide swine feeds on account to qualified members, the
payment of which is subject to the terms and condition embodied in an
Agreement, to be executed after the approval of the application for feed
subsidy by the member. Defendant Maria Cruz is a member of plaintiff
cooperative with Member ID No. M-10392 and is engaged in the business of
growing fattener hogs together with her husband, defendant Juan Cruz;

4. As of March 2011, defendant Maria Cruz had an existing Feed

Subsidy Agreement under Batch 11-4076, with the plaintiff and with an
outstanding balance of P 5,189.92;

5. On March 27, 2011, defendant Maria Cruz, applied for another feed
subsidy for 64 heads. The application was approved for 41 heads on April 5,
2011. Copy of the Feed Subsidy Application Form is attached hereto as
Annex “B” and made an integral part hereof;

6. Subsequently, an Agreement under Feed Subsidy Batch No. 11-

4077 and schedule of feeds withdrawal was prepared wherein a total of 186
bags of swine feeds can be withdrawn by the defendant from April 11, 2011
to July 25, 2011, who in turn will deliver to plaintiff post-dated checks every
withdrawal, as security for the payment. The total amount of swine feeds
shall be paid by the defendant on August 1, 2011 or else the post-dated
checks placed as security will be deposited. The amount of swine feeds
withdrawn shall have an interest of 1.5% per month from the time of
withdrawal. Copy of the Agreement under Feed Subsidy Batch No. 11-4077
and Feed Allocation Program are attached hereto as Annexes “C” and “D”
respectively and made integral parts hereof;

7. Defendant Maria Cruz, under Feed Subsidy Batch 11-4077 made

feeds withdrawals on account on June 25, 2011 and July 19, 2011 as follows:
 Date Invoice No. Amount
June 25, 11 48862 P 71,080.00
July19, 11 48939 71,960.00
Total Principal Amount of Purchases P 143,040.00

Copies of the Invoices are attached hereto as Annexes “E” and “F”
respectively and made integral parts hereof;

8. As security for the payment of feeds withdrawals, defendant Maria

Cruz issued two post-dated checks in the amounts of P71,080.00 and
P71,960.00, respectively;

9. On August 1, 2011, defendant Maria Cruz failed to pay the total

amount of her obligations under Feed Subsidy Batch 11-4076 and 11-4077
in the total principal amount of P 148,229,92. She requested the plaintiff to
allow her to pay on September 30, 2011, which the latter accommodated.
Copy of the letter request dated August 20, 2011 sent by the defendant Maria
Cruz to the plaintiff is attached hereto as Annex “G” and made integral part
hereof;

10. Defendant Maria Cruz sometime September 2011 again requested

for extension to pay her obligations under Feed Subsidy Batch 11-4077 by
replacing her two (2) post-dated checks previously issued as security for the
payment. The plaintiff again accommodated the defendant and the following
checks were issued as replacements:
Check No. Bank Date Amount
0103239 Landbank Oct. 30, 2011 P71,080.00
0103240 Landbank Nov. 30, 2011 P71,960.00
Total Amount P143,040.00

11. Again, defendant Maria Cruz failed to pay her obligations despite
repeated demands made by the plaintiff. Sensing that collecting the
obligations on cash from the defendant is futile, plaintiff on April 2, 2012,
presented for payment the two (2) Landbank checks placed as security for
the payment. But upon presentment for payment, both checks were
dishonored by non-payment for a common reason, “stop payment order”;
Copies of the two Landbank checks issued by the defendant that were
dishonored by non-payment are attached as Annexes “H” and “I”
respectively and made integral parts hereof;

12. Plaintiff again exerted efforts to collect extra-judicially from

defendant but she was only able to pay P15,063.00 on May 30, 2012 which
was applied to her unpaid obligation under Feed Subsidy Batch 11-4076 in
the amount of P 5,189.92. The rest was applied to her obligations under
Feed Subsidy Batch 11-4077, lowering the total principal amount to
P133,166.92. She promised to pay the balance, but since then, defendant
failed to pay the balance of the obligation despite repeated personal demands
made by the representatives of the plaintiff;

13. Plaintiff, through counsel, sent a demand letter to the defendant

demanding the payment of the amount of P241,291.89, inclusive of interest
and penalty as of October 18, 2013. Defendant just promised to pay but did
not make any as of present date. Copies of the Demand Letter and Statement
of Account as of October 18, 2013 are attached hereto as Annexes “J” and
“K” respectively and made integral parts hereof;

14. It appears that defendant Maria Cruz has no intention of paying

her obligation extra-judicially. Plaintiff has no more recourse but to
judicially demand from the defendant its payment and was constrained to
initiate the present suit to enforce and protect its rights, for which it engaged
the services of the undersigned law firm in an amount of P13,316.69 (10%
of the total principal amount of the obligation), by way of attorney’s fees
plus Php2,000.00 per court appearance;

15. As of May 16, 2014, defendant Maria Cruz has an outstanding

principal obligation of P133,166.92, unpaid interest of P69,960.17 and
penalty of P66,335.65, for a total amount of P269,462.75. Copy of the
Statement of Account as of May 16, 2014 is attached hereto as Annex “L”
and made integral part hereof.

PRAYER

WHEREFORE, premises considered, plaintiff most respectfully prays

of this Honorable Court that after due hearing, judgment issue be rendered in
favor of the plaintiff and against defendants, ordering them jointly and
severally as follows:

1. To pay the total outstanding principal amount of P133,166.92;

2. To pay the unpaid interest of P69,960.17 as of May 16, 2014, plus

interest from that date to the termination of this suit;

3. To pay penalty of P66,335.65 as of May 16, 2014, plus penalty

from that date to the termination of this suit;

4. To pay the amount of P11,183.28 as and by way of attorney’s fees

plus Php2,000.00 per court appearance;

5. To pay costs of suit.

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

Batangas City for Lipa City, _________________.

MANALO & CLEMENO

LAW OFFICES
Counsel for Plaintiff
st
1 Flr. N. Sangalang Bldg.
 C. Tirona St., Batangas City

By:

RICARDO B. MANALO II
Roll No. 43030
PTR No. 2124859 1/2/14 Batangas City
IBP No. 944738 1/9/14 Batangas City
Roll No. 43030
MCLE Exemption No. III-000657
December 16, 2009

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

WE, WILLIAM M. AMAZONA and CAROLINE M.

MONTANTE, both of legal age, married, Filipinos and a resident of Purok
2, Lodlod, Lipa City and Malainin, Ibaan, Batangas respectively, after
having been sworn to in accordance with law, hereby depose and state that:

We are the authorized representatives of plaintiff Limcoma Multi-

Purpose Cooperative in the above-entitled complaint.

We caused the above-complaint to be prepared, we read and know the

contents thereof and allegations therein are true and correct to the best of our
knowledge and belief and the authentic documents at hand;

We have not commenced any action or proceedings involving the

same issues in the Supreme Court, the Court of Appeals or any other tribunal
or agency;

Should we thereafter learn of any such action pending before any

court, tribunal or agency mentioned above, we undertake to report this fact
within five (5) days from my knowledge, to this Honorable Court.

IN WITNESS WHEREOF, we have hereunto set our hands this

_________________ at ______________________.

WILLIAM M. AMAZONA CAROLINE M. MONTANTE

SSS No. 04-0831056-7 SSS No. 09-2119930-4
 SUBSCRIBED AND SWORN to before me this _________________
at Batangas City, affiants exhibiting to me their Social Security System ID
stated above.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2014.