Republic of the Philippines 6TH JUDICIAL REGION Regional Trial Court Branch _____ Iloilo City MIA C. SANCHEZ, Plaintiff
Civil Case No. _____________ FOR: COLLECTION FOR A SUM OF MONEY WITH DAMAGES
- versus PAOLO D. CRUZ, Defendant x -----------------------x COMPLAINT Plaintiff, through the undersigned counsel unto this Honorable Court, hereby respectfully avers: 1. That plaintiff is of legal age, Filipino, married, and a resident of Alta Tierra Village, Jaro, Iloilo City, Philippines while the defendant is also of legal age, married, Filipino and a resident of Brgy. Dungon A., Jaro, Iloilo City, Philippines where summons and court processes may be served; 2. That on February 14, 2013, the defendant borrowed from the plaintiff a sum of money amounting to One Million Pesos (PhP1,000,000.00) with an agreed interest of five percent (5%) per month as evidenced by a promissory note herein attached as Annex “A” and form an integral part of this complaint; 3. That as shown in the attached promissory note, the indebtedness of the defendant has become due and demandable on February 14, 2014; 4. That despite plaintiff's repeated demands, both written and verbal, defendant failed, neglected and refused to fulfill obligations without just and valid grounds to the continued damage and prejudice of plaintiff, as evidenced by Annex “B” – Demand Letters; 5. 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 One Hundred Thousand Pesos (PhP 100,000.00) and an appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing as evidenced by Annex “C” – Contract for Legal Services;
6. That the plaintiff has paid for litigation expenses amounting to Twenty Thousand Pesos (PhP 20,000.00) as evidenced by Annex “D” – Official Receipt; 7. That the plaintiff has suffered moral damages at the sum discretion of the Honorable Court; WHEREFORE, premises considered, it is hereby respectfully prayed before the Honorable Court to render decision in favor of the plaintiff and order the defendant to pay the following: a. the sum of One Million Pesos (PhP 1,000,000.00) plus interest at the rate of five percent (5%) per month as stipulated in the promissory note; b. moral damages, exemplary damages at the sum discretion of the court; c. attorney’s fees amounting to One Hundred Thousand Pesos (PhP 100,000.00) and an appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing d. litigation expenses amounting to Twenty Thousand Pesos (PhP 20,000.00). Other reliefs and remedies deemed just and equitable under the foregoing premises are likewise prayed for. Iloilo City, December 6, 2014.
ATTY. VINCENT ENRIQUE A. VARONA Counsel for Petitioner Varona Law Office, Alta Tierra Village, Jaro, Iloilo City Roll of Attorneys No. 54321 PTR NO. 654321, 01/06/14, Iloilo City IBP NO. 123456, 01/04/14, Iloilo City MCLE Comp. No. IV-0009876, 01/02/14
REPUBLIC OF THE PHILIPPINES) PROVINCE OF ILOILO ) SS. x----------------------------x VERIFICATION AND CERTIFICATION I, MIA C. SANCHEZ, of legal age, Filipino, married, and a resident of Alta Tierra Village, Jaro, Iloilo City, Philippines, after being sworn in accordance with law, hereby depose and say: (1) That I am the Plaintiff in the above-entitled case; (2) That I have caused the preparation of the above Complaint and I have read the same and understood the contents thereof; (3) That the allegations contained therein are true and correct of my own personal knowledge and based on authentic records. (4) That I further certify that: I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is pending therein; if I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of December 2014 at Iloilo City, Philippines.
MIA C. SANCHEZ Affiant TIN 98765-003; Iloilo City
SUBSCRIBED AND SWORN to before me, this 6th day of December 2014, affiant exhibiting to me his Tax Identification Card as shown above below his name as competent evidence of his identity.
ATTY. VINCENT ENRIQUE A. VARONA My Commission No. is 58 Expires on December 31, 2015 Varona Law Office, Alta Tierra Village, Jaro, Iloilo City Roll of Attorneys No. 54321 PTR NO. 654321, 01/06/14, Iloilo City IBP NO. 123456, 01/04/14, Iloilo City MCLE Comp. No. IV-0009876, 01/02/14
Doc. No. 5; Page No. 2; Book No. 1; Series of 2014;
