REPUBLIC OF THE PHILIPPINES

7th JUDICIA
JUDICIAL
L REGION
REGION
MUNI
MUNICI
CIPA
PAL
L TRIA
TRIAL
L CO
COUR
URT
T IN CITI
CITIES
ES
City of Cebu, Branch ____ 

JUAN A. DELA CRUZ,

Plaintiff,

- versus - CIVIL CASE NO. ________________  

For: Collection of a sum of money and
Damages

PEDRO A. SANTOS,
Defendant.
x---------------------------/

COMPLAINT

PLAI
PLAINT
NTIFIFF,
F, by unde
unders
rsig
igne
ned
d coun
counse
sel,
l, unto
unto the
the Hono
Honora
rabl
blee Cour
Court,
t,
respectfully alleges THAT:

1. PLAI
PLAINTNTIF
IFFF is a a Filip
Filipin
ino
o citiz
citizen
en,, of legal
legal age,
age, marri
married
ed and with
with
residence
residence at No. 38, Gorordo
Gorordo Avenue,
Avenue, Barangay
Barangay Kamputhaw,
Kamputhaw, Cebu
City, where he may be served with orders and processes of this
Honorable Court;

2. DEFEND
FENDAN ANTT is a Filip
ilipiino citi
citize
zen,
n, of lega
legall age
age, marri
arried
ed and
and
residing at No. 826-C, D. Jakosalem Street, Barangay Parian, Cebu
City, where he may be served with orders and processes of this
Honorable Court;

3. On Sept
Septem ember
ber 15,
15, 2016,
2016, the Defe
Defend
ndan
antt obtai
obtaine
nedd a loan
loan from
from the
the
Plain
lainttiff
iff in the
the sum
sum of One
One Hundr
undred
ed Fift
Fifty
y Thous
housan
and
d Peso
Pesoss
(Php150,000.00), as evidenced by a Promissory Note of the same
date, a copy of which is hereto attached as Annex “A”, with the
 below terms and conditions:

a. The princi
principal
pal loan obliga
obligatio
tion
n shall
shall be payabl
payablee in three
three monthly
monthly
instal
installm
lments
ents,, with
with each
each instal
installm
lment
ent of Fifty
Fifty Thousa
Thousandnd Pesos
Pesos
(Php50,000.00) payable on the 15th day of the month following
the execution of the promissory note;

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  b. Each installment shall earn an interest of 2.5% or One
Thousand Two Hundred and Fifty Pesos (Php1,250.00), which
shall be paid together with the monthly installment on the 15 th
day of the month following the execution of the promissory
note;

c. Failure to pay at least one monthly installment, together with its

interest, will render the remaining balance of the loan
obligation immediately due and demandable.

4. On October 15, 2016, the Defendant was able to pay the first
monthly installment of Fifty Thousand Pesos (Php50,000.00)
together with an interest of One Thousand Two Hundred and Fifty
Pesos (Php1,250.00), or a total of Fifty-One Thousand Two
Hundred and Fifty Pesos (Php51,250.00), as evidenced by a receipt
of the same date issued by the Plaintiff. A copy of which is hereto
attached as Annex “B”;

5. On November 15, 2016, when the second monthly installment

 became due and demandable, the Defendant was unable to pay the
monthly installment and its corresponding interest;

6. Upon the Defendant’s failure to pay, a demand letter dated

 November 22, 2016 for the payment of the second monthly
installment and its corresponding interest was sent by the Plaintiff 
on the same date; however, the Plaintiff’s demand went unheeded.
A copy of the first demand letter is hereto attached as Annex “C”;

7. On December 9, 2016, the Plaintiff sent another letter to the

Defendant informing the latter that the remaining balance of One
Hundred Thousand Pesos (Php100,000.00) and an interest of Two
Thousand Five and Hundred Pesos (Php2,500.00) or a total amount
of One Hundred Two Thousand and Five Hundred Pesos
(Php102,500.00) is already immediately due and demandable. A
copy of the second demand letter is hereto attached as Annex “D”;

8. On December 23, 2016, a final demand letter was sent by the

Plaintiff for the payment of the remaining principal obligation and
interest due; however, the same was ignored by the Defendant. A
copy of the final demand letter is hereto attached as Annex “E”;

9. Notwithstanding the Plaintiff’s repeated demands, the Defendant

failed and refused and still fails and refuses to heed to the former’s

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  just and valid demands, leaving the Plaintiff no other recourse but
to litigate and file this action;

10. By virtue of this action, the Plaintiff was constrained to engage the
services of counsel to whom he is bound to remunerate by way of 
attorney’s fees in the sum of Twenty Five Thousand Pesos
(Php25,000.00);

11. The unjust and intentional refusal of the Defendant to pay his
overdue obligation resulted in Plaintiff’s failure to comply with his
own obligations, causing serious anxiety and besmirched reputation
on the part of the Plaintiff; thus, the Plaintiff is entitled to an award
of moral damages in the amount of Twenty Thousand Pesos
(Php20,000.00);

12. By reason of the Defendant’s violation and disregard of the

Plaintiff’s rights, the award of exemplary damages in the amount of 
Twenty Thousand Pesos (Php20,000.00) is likewise warrant to
serve as a deterrent to the commission by the Defendant, and to
others similarly-minded, of similar acts in the future.

PRAYER 

WHEREFORE, premises considered, it is most respectfully prayed of 

this Honorable Court that, after due hearing, judgment be rendered in favor 
of the Plaintiff and against the Defendant in this manner:

1. Ordering the Defendant to immediately pay the Plaintiff the

amount of One Hundred Thousand Pesos (Php100,000.00) and an
interest of Two Thousand Five and Hundred Pesos (Php2,500.00)
or a total amount of One Hundred Two Thousand and Five
Hundred Pesos (Php102,500.00);

2. Ordering the Defendant to pay a Ordering the Defendant to pay

Attorney’s fees of not less than Twenty Five Thousand Pesos
(Php25,000.00);

3. Ordering the Defendant to pay moral damages in the amount of 

Twenty Thousand Pesos (Php20,000.00);

4. Ordering the Defendant to pay exemplary damages in the amount

of Twenty Thousand Pesos (Php20,000.00); and

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5. Ordering the Defendant to pay the cost of suit.

Other just and equitable reliefs are also prayed for.

Cebu City, January 18, 2017.

PABUAYA & SANTOS LAW OFFICE

Counsel for the Plaintiff  
Room 204, CRM Building,
Escario cor. Molave Sts., Lahug,
Cebu City 6000
Telephone Number: (032) 253-1890 to 91
Fax Number: (032) 253-1892
E-mail Address: inquiry@pslawoffice.com

By:

ATTY. CRISTIE PEARL O. PABUAYA

Roll No. 374435
IBP No. 827847, 01/04/17, Cebu City
PTR No. 576784, 01/04/17, Cebu City
MCLE Compliance No. V-0008811
Telephone No. (032) 253-1890 local 101
E-mail Address: cpopabuaya@pslawoffice.com

ATTY. MARIA EMMA C. SANTOS

Roll No. 383325
IBP No. 8448436, 01/05/17, Cebu City
PTR No. 599013, 01/05/17, Cebu City
MCLE Compliance No. V-0008815
Telephone No. (032) 253-1890 local 102
E-mail Address: emecsantos@pslawoffice.com