REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT ILOILO CITY BRANCH _____ JOSE ABAD SANTOS, Plaintiff.

-versusJUAN DE LA CRUZ, Defendant. x--------------------------------x COMPLAINT CIVIL CASE NO. ______ Sum of Money

COMES NOW the plaintiff, through its undersigned counsel, and to this Honourable Court, respectfully states that:

1. That plaintiff is of legal age, married and residing at Brgy. Tacas Jaro, Iloilo City, while defendant is of legal age, with postal address at Lot 6, Blk. 11 Lawaan Village, Jaro Iloilo City, where he may be served with summons; 2. That on November 8, 2008, defendant, borrowed from plaintiff the sum of FIFTY THOUSAND PESOS (PHP50,000) which indebtedness was to be paid on November 8,2009 with an interest rate of TEN (10%) percent per

annum in case of non-payment at maturity as evidenced by and in accordance with the promissory note executed by the defendant, copy of which is hereto attached as Annex A and made an integral part hereof as reference; 3. That of said principal obligation, defendant has not made any payment, and as of November 8, 2011, the total amount due is SIXTY FIVE THOUSAND PESOS (PHP65,000), including interest. 4. That payment of said obligation is long overdue, but defendant has failed and refused, and still fail and refuse to pay the same or any part thereof, notwithstanding repeated demands from the plaintiff;

5. That by reason of defendants unjustified refusal to satisfy plaintiffs plainly valid, just and demandable claim, the latter was compelled to engage the services of a counsel and incur litigation expenses of SIX THOUSAND FIVE HUNDRED PESOS (PHP6,500) equivalent to TEN PERCENT (10%) of the total amount due which defendant has expressly agreed to pay under the terms of the promissory note (Annex A) 6. That defendant has similarly waived all his rights under the provision of Rule 39, Section 12 of the Rules of Court in case of judicial execution of the aforesaid obligation. PRAYER

WHEREFORE, plaintiff respectfully prays of this Honourable Court that judgment be rendered, ordering defendant to pay the plaintiff: 1. The sum of SIXTY FIVE TTHOUSAND PESOS (PHP65,000), plus daily interest of .025% from November 8, 2011 until complete payment is made; 2. The sum of SIX THOUSAND FIVE HUNDRED (PHP6,500), as attorneys fee and expenses of litigation; and 3. The cost of this suit. Plaintiff also prays for such other reliefs or remedy as the Honorable Court may deem just and equitable in the premises. Iloilo City, January 17, 2012.

ATTY. SHIELLA PORAL OLID Counsel for the Plaintiff Lot 9, Blk 6, Rosario Subd. Tacas Jaro, Iloilo City ROA No. 86419 PTR No. 298409; Iloilo January 5, 2012

Republic of the Philippines} City of Iloilo } S.S I, JOSE ABAD SANTOS, Filipino, of legal age, married and residing at Brgy. Tacas Jaro, Iloilo City under oath, after being sworn to in accordance with law depose and say that: 1. I am the plaintiff in the above-entitled case; 2. The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records; 3. I have not 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 in them; and 4. If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within five (5) days from notice to the court or where the complaint or initiatory pleadings has been filed.

_________________________________ JOSE ABAD SANTOS Affiant SUBSCRIBED AND SWORN TO before me, this 17th day of January, 2012, in the City of Iloilo, Affiant exhibiting to me his Tax Identification ID with TIN No. 983364-676 issued at Iloilo City on February 13, 1999.

ATTY. SHIELLA PORAL OLID

Doc. No. ; Page No. ; Book No. ; Series of 20_: Date and Time : NOTARY PUBLIC Commission Serial No.______ Until December 31,_________ Roll of Attorney___________ IBP No. __________________ PTR No. __________________

REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT ILOILO CITY BRANCH 3 JOSE ABAD SANTOS, Plaintiff. -versusJUAN DE LA CRUZ, Defendant. x-----------------------------------x ANSWER COMES NOW, defendant by the undersigned counsel, and unto this Honourable Court most respectfully avers that: 1. That defendant admits the allegations sets forth in Paragraph 1,2 and 3 of the Complaint; 2. That he specifically denies specifically each and every material allegations made in paragraphs 4 and 5 of the complaint; and alleges that herein that, upon receipt of the demand letter from plaintiffs counsel, in truth and in fact, defendant scampered to look for funds in order the settle the amount owed to the plaintiff. On January 3, 2012, defendant went to the residence of the plaintiff in order to effect payment. However, the plaintiff was not physically around at that time. Defendant decided to tender the amount of Pesos: Sixty five thousand (P 65,000.00) demanded from him to the plaintiffs daughter, Ma. Cristina A. Santos, of legal age, and living with plaintiff within the same abode ; 3. And as an AFFIRMATIVE DEFENSE, the defendant alleges that his obligation to the plaintiff was already extinguished by payment or performance when defendant tendered the amount of Pesos: Sixty five thousand (P 65,000.00) demanded from him to the plaintiffs daughter, Ma. Cristina A. Santos, of legal age, and living with plaintiff within the same abode, on January 3,2012. CIVIL CASE NO. 12-012 Sum of Money

WHEREFORE, it is most respectfully prayed that judgement be rendered as follows: 1. Dismissing plaintiffs complaint for failure to state a cause of action, the obligation having been fully satisfied; 2. Defendant also prays for such other reliefs or remedy as the Honorable Court may deem just and equitable in the premises. Iloilo City, January 18, 2012.

ATTY. JOSEPH F. SALIDO Counsel for the Defendant SALIDO and Associates Law Office Sta. Isabel St. Jaro Iloilo City ROA No. 0123185 PTR No. 014512; Iloilo January 5, 2012

Republic of the Philippines} City of Iloilo } S.S I, JUAN DE LA CRUZ, Filipino, of legal age, married and residing at Lot 6, Blk. 11 Lawaan Village, Jaro, Iloilo City under oath, after being sworn to in accordance with law depose and say that: 1. I am the defendant in the above-entitled case; 2. The facts stated in the above answer are true and correct to the best of my knowledge and authentic records; 3. I have not 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 in them; and 4. If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within five (5) days from notice to the court or where the complaint or initiatory pleadings has been filed.

______________________________ JUAN DE LA CRUZ Affiant SUBSCRIBED AND SWORN TO before me, this 18th day of January, 2012, in the City of Iloilo, Affiant exhibiting to me his Tax Identification ID with TIN No. 934467-075 issued at Iloilo City on March 3, 2000.

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NOTARY PUBLIC Commission Serial No.______ Until December 31,_________ Roll of Attorney___________ IBP No. __________________ PTR No. __________________