REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY BRANCH ___139__

Vincent Verzosa
Plaintiff, CIVIL CASE NO. 100991

- versus – FOR: SUM OF MONEY

John Mark,
Defendant.

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

COMPLAINT

Plaintiff, by counsel, respectfully states that:

THE PARTIES

1. Plaintiff is a Filipino, of legal age, and resident of 101 Padre Zamora Street Ayala
Heights Quezon City;

2. Defendant is also a Filipino, of legal age, and resident of 72 Mt. Vernon Street
Filinvest 1 Quezon City where he may be served with summons and other court
processes.
THE FACTS
3. Sometime in October 15, 2016 and over a period of one (1) year, Defendant
borrowed money from Plaintiff worth Five Hundred Thousand Pesos ( P 500,000).
Defendant promised to pay this amount with Twelve Percent interest per annum
( 12% ).

4. Despite repeated demands, both oral and written, defendant failed or has refused to
pay the amount plus interest to plaintiff. A copy of plaintiff's demand letter is attached
as ANNEX “A” and made an integral part of this complaint.

5. Since both parties live in different Barangay, no barangay conciliation was needed
and parties did not agree to submit it thereto.

6. Defendant's obligation is due and demandable and plaintiff is entitled to the payment
of the entire amount of Five Hundred Thousand Pesos (P 500,000) plus Twelve
Percent interest per annum ( 12% ).

7. By reason of defendant's failure or refusal to pay his due and demandable obligation,
plaintiff was forced to engage the services of counsel to vindicate his rights thereby
commiting himself to pay legal expenses amounting to Ninety Thousand Pesos
(P90,000)
 PRAYER

WHEREFORE, plaintiff respectfully prays for judgment in his favor through a

Decision directing defendant to pay him Five Hundred Thousand Pesos (P500,000)
with Twelve Percent interest per annum ( 12% ) and Ninety Thousand Pesos
(P90,000) as Attorney's Fees.

Plaintiff prays for such other and further reliefs as may be deemed just and
equitable in the premises.

Quezon City, October 20, 2017

George Garcia
Counsel for Plaintiff
3 Ilagan Street San Francisco Del Monte Quezon City
Attorney's Roll No. 36589
IBP No. 23455-01/03/18-Quezon City
PTR No. 12345-01/03/18-Quezon City
MCLE Compliance No. II-0001236- Nov.17,2018

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Vincent Verzosa, of legal age, after having been duly sworn, depose and state that:
I am the Plaintiff in the foregoing Complaint for Sum of Money.
I caused the preparation of the Complaint, which I have fully read and understood.

I Hereby affirm that all factual allegations contained in said Complaint are true
and correct of my own personal knowledge and belief, as well as true and correct on
the basis of authentic documents and records in my possession.
I certify that I have not heretofore commenced any action or filed any claim
involving the same issues in ay court, tribunal, or quasi-judicial agency.
If I should hereafter learn that any other similar action or claim has been filed or is
pending I shall reporst the fact within five (5) days from knowledge thereof to this
Honorable Court.

Vincent Verzosa
 SUBSCRIBED AND SWORN to before me, this 20th day of October 2018 at
Quezon City. Affiant exhibited to me his governemnt issued identification.

NOTARY PUBLIC

Atty. Jose Santos

NOTARY PUBLIC
VALID UNTIL JANUEARY 20,2020
COMMISSION NO. 2018-127
UNIT 4 AVIDA TOWER
ROLL OF ATTORNEY NO. 371000
TIN 119-852-401-000
IBP NO. 9310014
PTR NO. 9323146
MCLE NO. 1A456

Doc No. _____

Page No. ______
Book No. ______
Series of 2018
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY BRANCH ___139__

Vincent Verzosa
Plaintiff, CIVIL CASE NO. 100991

- versus – FOR: SUM OF MONEY

John Mark,
Defendant.

ANSWER
(WITH COUNTER CLAIM)

DEFENDANT, through counsel, by way of answer to plaintiff's complaint,

respectfully states that:

Admissions/Denials

1. He admits the allegations in paragraph 2 of the Complaint regarding his personal

circumstances;

2. He is without knowledge or information to form a belief as to the truth of the

allegations in paragraphs 1, 4, 5, and 6 of the Complaint;

3. He specifically denies each and every material allegation in paragraph 3 of the

Complaint, since such a allegations are maliciously false and meant only to unjustly
enrich Plaintiff at Defendant's expense. The truth is the principal obligation amounts to
only Two Hundred Thousand Pesos (P200,000), but due to unconscionable interests
and other charges, Defendant was deceived into signing a receipt that showed, as
Defendant much later learned, the aggregate amount of the indebtedness to be Five
Hundred Thousand Pesos (P500,000) with Twelve Percent interest per annum ( 12% )
and other charges;

Special and Affirmative Defenses

4. The complaint does not state a cause of action and is a sham pleading;

4.1 On or about October 15, 2016, Defendant incurred and indebtedness of Two
Hundred Thousand Pesos (P200,000) with Plaintiff.

4.2 Due to a close and long relationship with Plaintiff, Defendant was deceived into
4.3 Upon securing the receipt much later, Defendant discovered to his utter surprise
that the rate of interest indicated on the receipt is twenty (20%) percent per month, or
two hundred forty (240%) percent per annum;

4.4 Defendant was perplexed that their plaintiff demanded payment of the debt despite
the fact that he already paid the plaintiff P300,000, more than the principal obligation of
P200,000. ( Photocopies of payment receipts are hereto attached as Annex “A” and are
made an integral part of this Answer )

Counterclaim

5. Defendant additionally submits that he is entitlted to relief arising from the filing of
this malicious and baseless suit, as follows:

5.1 Moral Damages amounting to Fifty Thousand Pesos (P50,000) because his name
and reputation were besmirched by this malicious and baseless suit.

5.2 Despite full payment by Defendant of the principal obligaiton, Plaintiff has instituted
the instant malicious suit which compelled Defendant to engage the services of
counsel, in order to protect Defendant's interest, for and agreed professional fee of
P200,000, plus an appearance fee of P5,000 per hearing

5.3 Defendant also incurred other litigation expenses in the sum of P50,000. For all of
said fee and litigation expenses, Plaintiff should be adjudged liable to Defendant.

WHEREFORE, Defendant respectfully prays that judgment be rendered in his

favor by dismissing the complaint and grating defendant's counterclaim by awarding
defendant; (a) Fifty Thousand Pesos ( P50,000 ) as Moral Damages, and (b) Two
Hundred Thousand Pesos ( P200,000 ) plus Five Thousand Pesos ( P5,000 ) for every
hearing attended by Defendant's counsel as Attorney's Fees.

Other just and equitable reliefs are prayed for.

Quezon City, October 27, 2017

 Salvador Panalo
Counsel for Defendant
6-E Baguio Road Philam Homes Quezon City
Attorney's Roll No. 56247
IBP No. 313456/January 19,2017/Quezon City
PTR No. 012346/January 22, 2017/Quezon City
MCLE No. 261778/April 8 2017

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, JOHN MARK, of legal age, after having been duly sworn, depose and state that:
I am the Plaintiff in the foregoing Complaint for Sum of Money.
I caused the preparation of the Complaint, which I have fully read and understood.

I Hereby affirm that all factual allegations contained in said Complaint are true
and correct of my own personal knowledge and belief, as well as true and correct on
the basis of authentic documents and records in my possession.
I certify that I have not heretofore commenced any action or filed any claim
involving the same issues in ay court, tribunal, or quasi-judicial agency.
If I should hereafter learn that any other similar action or claim has been filed or is
pending I shall reporst the fact within five (5) days from knowledge thereof to this
Honorable Court.

JOHN MARK

Copy furnished through personal service:

Atty. George Garcia

Counsel for Plaintiff
3 Ilagan Street San Francisco Del Monte Quezon City
Attorney's Roll No. 36589
IBP No. 23455-01/03/18-Quezon City
PTR No. 12345-01/03/18-Quezon City
MCLE Compliance No. II-0001236- Nov.17,2018
 PROOF OF SERVICE

I, Bong Blanco, messenger of Atty. Salvador Panalo, herein counsel for Defendant
John Mark, hereby certify that I personally delivered Defendant's Answer dated October
28, 2017 to Plaintiff Vincent Verzosa with address at 101 Padre Zamora Street Ayala
Heights Quezon City. The Answer was received by plaintiff himself.

Bong Blanco
SUBSCRIBED AND SWORN to before me, this 27th day of October 2017 at Quezon
City. Affiant exhibited to me his governemnt issued identification.

NOTARY PUBLIC

Atty. Jose Santos

NOTARY PUBLIC
VALID UNTIL JANUEARY 20,2020
COMMISSION NO. 2018-127
UNIT 4 AVIDA TOWER
ROLL OF ATTORNEY NO. 371000
TIN 119-852-401-000
IBP NO. 9310014
PTR NO. 9323146
MCLE NO. 1A456

Doc No. _____

Page No. ______
Book No. ______
Series of 2018

Copy furnished through personal service:

Atty. George Garcia

Counsel for Plaintiff
3 Ilagan Street San Francisco Del Monte Quezon City
Attorney's Roll No. 36589
IBP No. 23455-01/03/18-Quezon City
PTR No. 12345-01/03/18-Quezon City
MCLE Compliance No. II-0001236- Nov.17,2018