REPUBLIC OF THE PHILIPPINES FOURTH JUDICIAL REGION REGIONAL TRIAL COURT IMUS, CAVITE JOCELYN KUDERA, Plainti , "#$%&'&"

(ILLA E. PAGULAYAN, D$ $n)ant. *""""""""""""""""""""""""""""""""""* COMPLAINT COMES NO+, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully alleges; 1. That Plaintiff is of legal age, married, Filipino citizen and a resident of B 1! " # Plaza $e %an &arino, %ala'ag, $asmari(as City, Ca)ite 'here she may be ser)ed 'ith summons and other court processes; #. That $efendant is li*e'ise of legal age, married, Filipino citizen and a resident of B 1+1 " 1# P ,,,, Paliparan %ite $asmari(as City, Ca)ite 'here she may be ser)ed 'ith summons and process of this Honorable Court; -. That on #+ &ay #!!. , recei)ed /0T,C1 T0 23C3T1 from 4egional Trial Court &ultiple %ala of ,mus, Ca)ite duly signed by %heriff ,2 415/3"$0 4. C3&14,/0 dated &ay 1+, #!!. directing me to )acate our house and lot located in B 1! " # Plaza $e %an &arino, %ala'ag, $asmari(as City, Ca)ite 'ithin the period of three 6-7 days; +. That on #+ 8une #!!. around 9:!! 3.&. Plaintiff borro'ed money to the herein $efendant in the amount of TH411 H;/$41$ T<1/T5 TH0;%3/$ 6Php-#!,!!!.!!7 P1%0% including my pre)ious debt for flour in the sum of TH,4T5 %121/ TH0;%3/$ 6Php-=,!!!.!!7 and the transfer fee; >. A. That herein $efendant re?uested that herein Plaintiff should e@ecute $eed of Transfer in fa)or of the former for security that her loan money be returned; That 'hen they e@ecuted said $eed of Transfer the herein Plaintiff ne)er recei)ed any amount for consideration the same 'as e@ecuted for the sole purpose of security for the payment of PlaintiffBs loan; CIVIL CASE NO. _____________________ FOR! SPECIFIC PERFORMANCE

# =. That both parties agreed that all e@penses incurred in the transfer, payments to the Household $e)eloper and personal debts of the Plaintiff shall be included for the paymentCreimbursement; .. That $efendant re?uired the Plaintiff that should she failed to pay or return all the abo)e mentioned amountCobligation she 'ill rent in the subDect premises in the sum of %121/ TH0;%3/$ 6Php=,!!!.!!7 P1%0% per month; 3ttached here'ith is the photo copy of the monthly rentals paid by Plaintiff and mar*ed as 3nne@ E3F; 9. That 'hen the Plaintiff decided to pay the $efendant she failed and refused to accept the payments tendered that they agreed and $efendant is as*ing for the amount that they ne)er agreed upon, hence, Plaintiff failed to concede to the 'himsical and capricious demand of the $efendant; 1!. That $efendant aside from the agreed amount to be returned, insisted the F,21 6>G7 P14C1/T interest monthly aside from the abo)e mentioned monthly rentals; >. That $efendant only pay the monthly interest for the months of 8une 9, #!!9 and 8uly =, #!!9 and no other payment has been made;

# A. That despite repeated )erbal demands made by herein Plaintiff to the $efendant she failed and refused to pay the Plaintiff and the 'orst $efendant starting to e)ade the Plaintiff; =. That in fact, the matter has been referred to the Barangay for possible settlementC or conciliation of the dispute, but to no a)ail; 3ttached here'ith is the photo copy of 1/$04%1&1/T "1TT14 and made an integral part hereof and mar*ed as 3//1H EBF. =. That as of $ecember 1+, #!!9 the total obligation of the $efendant is /,/1T11/ TH0;%3/$ 6Php19,!!!.!!7 P1%0% including the interest.

.. That by reason of $efendantBs unDustified failure to pay the Plaintiff, despite repeated )erbal demands, Plaintiff 'as constrained to engage the ser)ices of counsel for a fee of T1/ TH0;%3/$ 6Php1!,!!!.!!7 P1%0% plus 0/1 TH0;%3/$ F,21 H;/$41$ 6Php1,>!!.!!7 P1%0% per court appearance as actual damages; 9. That Plaintiff suffered moral damages due to sleepless nights and an@iety in the amount of T1/ TH0;%3/$ 6Php1!,!!!.!!7 P1%0%; 1!. That in order to ser)e as an e@ample andCor lesson to the $efendant, the Plaintiff is also praying for e@emplary damages in the sum of F,21 TH0;%3/$ 6Php>,!!!.!!7 P1%0%. PRAYER IN LIGHT OF THE FOREGOING, it is most respectfully prayed of this Honorable Court that after due notice and hearing, Dudgment be rendered in fa)or of Plaintiff and against defendant ordering the latter, as follo's: 1. To pay the Plaintiff the sum of /,/1T11/ TH0;%3/$ 6Php19,!!!.!!7 P1%0%; #. To pay moral damages in the amount of T1/ TH0;%3/$ 6Php1!,!!!.!!7 P1%0%;

-. To pay 3ttorneyBs fees T1/ TH0;%3/$ 6Php1!,!!!.!!7 P1%0% plus 0/1 TH0;%3/$ F,21 H;/$41$ 6Php1,>!!.!!7 per court appearance; +. To pay e@emplary damages in the amount of F,21 TH0;%3/$ 6Php>,!!!.!!7 P1%0%; and >. To pay cost of the suit.

0ther relief and remedies that are Dust and e?uitable under the premises are li*e'ise prayed for. $asmarinas, Ca)ite. 1= $ecember #!!9.

ATTY. BONIFACIO G. CABOBOY, JR. Counsel for the Plaintiff #/$ Floor 3lmasora Bldg., corner 1d Bautista, &alihan %t., Ione ,2, $asmari(as, Ca)ite. PT4 /0. A#!9A11C$asma.,Ca)ite ,BP /0. =1.->1 Ca)ite Chapter 3ttorneyBs 4oll /o. >+-#1

VERIFICATION AND CERTIFICATION OF NON"FORUM SHOPPING ,, &34,"0; 3. 0",234,0, of legal age, married, Filipino and the plaintiff in the abo)e entitled case, after being duly s'orn to in accordance 'ith la' do hereby depose and say; 1. That , am the plaintiff in the abo)e entitled case; #. That , caused the preparation of the complaint and , read the allegations contained therein and understood each of them to be true and correct of my o'n personal *no'ledge and beliefs and based on authentic documents.

+ -. That , further certify that , ha)e not commenced any action or proceeding in)ol)ing the same issues in the %upreme Court, the Court of 3ppeals or different di)isions thereof, or any court, tribunal or agency. +. That should , learn hereafter of the filing or pendency of such actionCs, , underta*e to inform this Honorable Court of said fact 'ithin fi)e 6>7 days from *no'ledge therefrom. IN +ITNESS +HEREOF, , ha)e hereunto affi@ed my signature this JJJJJJJJ of $ecember, #!!9 at $asmari(as, Ca)ite.

MARILOU A. OLIVARIO

Plaintiff

SUBSCRIBED AND S+ORN TO BEFORE ME, this JJJJJJ of $ecember, #!!9 at $asmari(as, Ca)ite.