Republic of the Philippines REGIONAL TRIAL COURT 5th Judicial Region Branch___ NAGA CITY ____________________ ____________________ Plaintiff, -vs-
Civil Case No. __________ For: Collection of Sum of Money With Damages
____________________ _____________________ _ Defendant. x--------------------------------------------x
COMPLAINT COMES NOW plaintiff, through the undersigned counsel and unto this Honourable Court most respectfully avers: 1. Plaintiffs Plaintiff s is of legal age, Filipino, married and with residence at No. _____________________ _______________________. __. Both have capacity to sue and be sued; 2. Defendant __________________ of legal age, Filipino, married and with residence at No. _______________________. Both have capacity to sue and be sued;
3. Plaintiff is the owner/manager of ____________________ _______________ _____ services operating in the _______________ with Office ___________________ _____________________________ ____________________ __________;; 4. That on __________________ ______________ ____ the defendant secured the services of the plaintiff’s _______ plaintiff’s _________________ ______________ ____ at the place of business of the defendant; 5. Defendant then was required to pay the plaintiff to pay the amount of _____________ for the salaries of the _________ assigned to the office of the defendant as evidence by the Contact of Services and promissory note; 6. That in the beginning, the defendant religiously religiousl y paid the salaries of the assigned ___________________ to them by delivering the amount to the plaintiff;
7. That however however sometime in ____________________ ____________________ the defendant began to fail in the payment of the salaries of the ___________________ _____________________ __ assigned to it by the plaintiff; plaintiff; 8. That because of that the plaintiff sent a demand letter ( Annex ----) to the defendant requesting payment of the unpaid salaries of the ___________________ ______________________ ___ assigned to it by the plaintiff; plaintiff; 9. That the defendant failed to settle the obligation which prompted the plaintiff to send two more demand letters (Annexes -----) but the plea went to deaf ears; 10. That the plaintiff again let some time to pass before he again personally asked the defendant to settle its obligation but the defendant stubbornly failed to oblige; 11. That by reason of the unjustified unjustifi ed refusal of the defendant to pay the plaintiff its obligation, plaintiff suffered actual damages in the amount of _________________________ as transportation and representation expenses in trying to extract payment from the defendant to avoid litigation to which he was unsuccessful; 12. In addition, plaintiffs suffered sleepless nights, wounded wounded feelings and serious anxiety which if would be quantified would amount to ________________;
PRAYER WHEREFORE, after due notice and hearing, plaintiffs pray that judgment be rendered ordering ordering defendants defendants to: A. Pay the plaintiff the amount of ------------------------- representing representing the unpaid obligation of the defendant to the plaintiff in providing _________________ _________________ to the defendant; defendant; B. Order defendants to pay plaintiffs the amount of ________________ ________________ as actual damages and ________________ ________________ as moral damages; Other relief just and equitable under the premises are likewise prayed for. __________________, __________________, Naga Naga City Philippines. Philippines.
___________________ ____________________ _
VERIFICATION/CERTIFICATION VERIFICATION/CE RTIFICATION I, __________________, __________________, under oath deposes and states:
1. That I am the plaintiff in this case; 2. That I have caused the the preparation of this complaint; complaint; 3. That the contents stated therein are true and correct of my own knowledge; 4. That I do hereby certify that I have not commenced any any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; that if I should thereafter learn that similar action has been filed filed or pending pending before the Supreme Court, Court, the Court of Appeals, or any other tribunal tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this _______ day of ________ ________ 2017 at Naga City, City, Philippines. _______________
SUBSCRIBED AND SWORN to before me this _______ day of _______ 2017 2017 at Naga City, Philippines. Philippines.
Copy furnished: ________________ ______________ __________________ ____ ______________ __________________ ____
Republic of the Philippines MUNICIPAL TRIAL COURT Fifth Judicial Region ________, Camarines Sur
______________________________ _______________________ _______ , Plaintiff, CIVIL CASE No. _________ For: Collection of Sum of Money
-versus ________________________________ _______________________ _________ , Defendant. X ------------------------------------------------------ X
ANSWER DEFENDANT, DEFENDANT, through undersigned counsel, before this Honorable Court, most respectfully states THAT: 1.
Paragraph 1 of the complaint is denied because defendant has no present knowledge of the personal circumstance of ___________________, but admits that of ______________, and does not likewise admit the genuineness and authenticity of the alleged Special Power of Attorney executed by _________________;
2.
Paragraph 2 of the complaint is admitted;
3.
Paragraph 3 of the complaint more particularly the alleged “Promissory Note” is denied under oath, its due execution, the payment payment of interests, charges, Attorney’s Fees, etc., the truth being is what is stated hereunder in the Special Affirmative Defenses herein set forth;
4.
Paragraph 4, 5 and 6 of the complaint are denied for lack of knowledge as the truth and falsity thereof, the demands are too exorbitant, excessive, contrary to law, unjust and oppressive, and the truth of the matter is hereunder pleaded in the Special Affirmative Defenses herein set forth;
SPECIAL AND AFFIRMATIVE DEFENSES Defendant repleads by incorporation all the foregoing allegations and further states, THAT:
5.
Defendant is ___________________ friend and former classmate in high school at ____________________, Camarines Sur;
6.
Sometime in 2005, defendant defendant was in dire need of money and she communicated and offered to sell plaintiff, _______________, a parcel of agricultural land situated in ____________________, Camarines Sur, in the amount of ________________________ (P __________);
7.
______________________ who is working as caregiver in Canada gave defendant, through ____________________ , plaintiff’s sister the sum of money in the amount of ____________________ (P ______________) sometime in the year 20__;
8.
At first, defendant thought that the money given to her was was the partial payment for the parcel of land she offered to sell to to plaintiff. Hence, she was surprised when ____________________, handed to defendant a Promissory Note – Note – Annex Annex “B” of the complaint, co mplaint, sometime in _______________ for signature of defendant, but defendant hesitantly signed it because the stipulated 5% interest monthly and 20% Attorney’s fees was unconscionable. But then ____________________________ _________________________ ___ explained to defendant and in the presence of defendant’s _____________________ ____________________________ _______ assured them that defendant may just ignore the said stipulations, as the prime purpose of the Promissory Note is only to show that defendant is indebted in the sum of _____________________ _____________________.. At that time, _________________________ ______________________ ___ did not even possess any Special Power of Attorney executed by _______________________;
9.
Defendant admitted to be indebted to __________________ in the sum of ___________________, but the same is without any stipulation of interest much less payment for fo r Attorney’s fees, charges and expenses;
10. _____________________________ personally and/or her househelps would get ___________________________shop owner/marketvendor and assured defendant that she would just deduct the costs of the said items from the debts of ______________________. Defendant for several instances has actually given payment, in cash and in kind by installment to ____________________ ____________________.. The total amount defendant paid has reached more or less _____________________. copy of the Barangay Certification is hereto attached as Annex “1”; 11. Plaintiff and/or her alleged agent, ________________, is a bona fide resident of ___________________________, did not bring this matter first to the Barangay for settlement, contrary to the provisions of Section 408 of R.A. 7160, hence, no cause of action yet arose; 12. Defendant was in good faith and in order to buy peace and peaceful settlement with __________________________, she even went to
the office of _____________________________________ after she received a letter on ________________________;
COUNTERCLAIM ANSWERING defendant ANSWERING defendant repleads all the foregoing allegations and by way of counterclaim, further states THAT: 13. Plaintiff’s premature and unjustified suit against herein defendant caused her to suffer and continue to suffer mental anguish, moral shock, sleepless nights, wounded feelings and serious anxiety for which plaintiff should be made to pay _______________ as moral damages; 14. Likewise, plaintiff’s ruse and evident bad faith in compelling defendant to litigate and as corrective measure, so as to dissuade those who may emulate plaintiff’s fraudulent, reckless, oppressive and malevolent acts and manners, defendant prays for exemplary damages in the same amount of ____________________. WHEREFORE, premises considered, it is most respectfully prayed that a decision be issued dismissing the complaint and on the counterclaim, plaintiff be ordered to pay defendant damages in the amount of _____________________. Other reliefs and remedies are all prayed for in the premises. ________________________,, _______, 20__. ________________________
______________________ __________________________ ____ Defendant
VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING I, __________________ , under oath depose and state:
That I am the defendant in this case; That I have caused the preparation of this answer with counterclaim; That the contents stated therein are true and correct of my own personal knowledge;
That I deny the due execution and contents of the Promissory Note; That I do hereby certify that I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; that if I should thereafter learn that a similar action has been filed or pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that 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, WHEREOF , I have hereunto affixed my signature this _____day of ______ 20__ at ____________, ____________ , Philippines.
_______________________ ________ _______________________________ Defendant SUBSCRIBED AND SWORN to before me this _____ day of ______ 20__
in ___________, Philippines.
Copy furnished by registered mail: ______________ ____________________ ____________ ______ ______________ ____________________ ____________ ______ ______________ ____________________ ____________ ______
