REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SIXTH JUDICIAL REGION
BRANCH _____,
PROVINCE ILOILO
REY S. JALLORINA,
Plaintiff,
Civil Case No. _____________
- versus EFREN C. MIRANDILLA,
Defendant,
x - - - - - - - - - - - - - - - - - - - -x

FOR: Collection of Sum of Money

With Damages

COMPLAINT
PLAINTIFF, through the undersigned counsel and to this Honorable
Court, respectfully avers that:
1.
Plaintiff REY J. JALLORINA is of legal age, Filipino, single,
and a resident of #67 Lopez Jaena Street, Pototan, Iloilo. For purposes of
this action, plaintiff may be served with all orders, notices, and other
processes of this Honorable Court through the office address of the
undersigned counsel indicated below;
2.
Defendant EFREN C. MIRANDILLA is of legal age, Filipino,
married, and may be served with summons and other process of this
Honorable Court at his residence address at #125 Ledesma Street, Jaro,
Iloilo City;
3.
Sometime on May 25, 2014, Defendant obtained from and was
granted a loan accommodation by the Plaintiff in the principal amount of
THREE HUNDRED FIFTY THOUSAND (PhP 350, 000.00), Philippine
Currency. A true and faithful machine reproduction of the Promissory Note
made by the Defendant on the said date is hereto attached as Annex A and
made an integral part hereof;
4.
As shown in the attached promissory note, Defendant promised
to pay the said loan on or before October 30, 2014. However, Defendant
failed to pay it on such time and as of November 30, 2013, Defendant still
has an Outstanding Balance to Plaintiff amounting to THREE HUNDRED
FIFTY THOUSAND PESOS (PhP 350, 000.00), Philippine Currency, and

has failed and neglected to pay, without just and valid grounds, the said
Outstanding Balance for the aforementioned loan accommodation;
5.
Despite Plaintiff's repeated demands, both written and verbal,
Defendant failed, neglected and refused, and continues to fail and refuse to
pay and to settle the said Outstanding Balance, without just and valid
grounds, to the continued damage and prejudice of Plaintiff. A true and
faithful machine reproduction of the Plaintiff's demand letter to Defendant
dated December 05, 2014 is hereto attached as Annex B and made an
integral part hereof;
6.
Consequently, Plaintiff was constrained to engage the services
of counsel to whom she has paid as Attorney's Fees the amount equivalent to
THIRTY THOUSAND PESOS (PhP 30, 000.00), ten percent (10%) of the
total amount due from Defendant to Plaintiff as evidenced by Annex COfficial Receipt.

PRAYER
WHEREFORE, premises considered, after due notice and hearing,
Plaintiff respectfully prays that judgment be rendered against the Defendant
as follows:
1.

Ordering the Defendant to pay Plaintiff the sums of:

a.

The amount of THREE HUNDRED THOUSAND

PESOS (PhP 300, 000.00), representing Defendant's
Outstanding Balance, plus interest at the rate of three
percent (3%) per month as stipulated upon in the
Promissory Note;

b.

FORTY THOUSAND PESOS (PhP 30, 000.00), ten

percent (10%) of the total amount due as Attorney's Fees
plus Appearance Fee at the rate of PhP 3, 000.00 per
court hearing / conference;

c.

Five percent (5 %) of the total amount due as Collection

Charges / Liquidated Damages;

d.

The costs of suit.

2.

Plaintiff likewise prays for such other reliefs as may be just and
equitable under the circumstances.

Pototan, Iloilo, December 16, 2014.

ATTY. RIZALEE J. PEREZ

Counsel for Complainant
#051 Lopez Jaena Street, Pototan, Iloilo
Roll of Attorney No. 54236
PTR No. 25643, Iloilo City, January 10, 2014
IBP No. 24358, Iloilo City, January 4, 2014
MCLE Compliance No. IV-000698

Republic of the Philippines)

Province of Iloilo
) SS.
x---------------------x
VERIFICATION AND CERTIFICATION
I, REY S. JALLORINA, of legal age, Filipino, single, and a resident
of #67 Lopez Jaena Street, Pototan, Iloilo, after being sworn in accordance
with law, hereby depose and say:
That I am the Plaintiff in the above-entitled case; That I have caused
the preparation of the above Complaint and I have read the same and
understood the contents thereof; That the allegations contained therein are
true and correct of my own personal knowledge and based on authentic
records.
That I further certify that: (a) 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; (c) 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 16th
day of December 2014 at Iloilo City, Philippines.

REY S. JALLORINA
Affiant
TIN 98765-003; Iloilo City

SUBSCRIBED AND SWORN to before me, this 16th 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. RIZALEE J. PEREZ

Notary Public for and in the City and
Province of Iloilo
Commission Serial. No. 5689
Valid until December 31, 2015
#051 Lopez Jaena Street, Pototan, Iloilo
Roll of Attorney No. 54236
PTR No. 25643, Iloilo City, January 10, 2014
IBP No. 24358, Iloilo City, January 4, 2014
MCLE Compliance No. IV-000698

Doc. No. 5;
Page No. 1;
Book No. I;
Series of 2014.
December 16, 2014, 9:25 A.M.

Annex A

PROMISSORY NOTE
Php 350,000

FOR VALUE RECEIVED, I promise to pay without need of demand

to the order of Rey S. Jallorina, at his residence at #67 Lopez Jaena Street,
Pototan, Iloilo, the principal amount of : THREE HUNDRED FIFITY
THOUSAND PESOS (P 500 000), on or before October 30, 2014.
May 25, 2014, Pototan, Iloilo, Philippines.

EFREN C. MIRANDILLA

Annex B
Date: December 5, 2014
To:

Efren C. Mirandilla
#125 Ledesma Street
Jaro, Iloilo City
DEMAND LETTER

Mr. Mirandilla,
Good day!
I, Rey S Mirandilla, write to you today to remind you of the loan
agreement we entered into on May 25, 2014, in the amount of
Php350,000,000. According to the terms of the promissory note you
executed, payment would be made on or before October 30, 2014. I have
only received Php 50, 000 from you on October 5, 2014.
Consider this correspondence as a formal demand for your
compliance with the abovementioned loan agreement. Please make the
payment of the outstanding balance of Php 300,000,000 not later than one
week from the receipt of this letter. You may pay the amount to me
personally, or thru bank deposit at Metrobank Savings Account No. 8888888-888-8 under the name Rey S. Jallorina.
I hope for your swift compliance. If not, I regret to say that I would be
forced to take legal action in order to protect my own interests. You may
disregard this letter if payment has been tendered at the time of receipt of the
same.
Thank you.

Respectfully,
REY S. JALLORINA

Annex C
OFFICIAL RECEIPT
15TH December, 2014
This is to certify that I, Ms. Josan F. Baron, has received an amount
of Thirty Thousand Pesos ( Php 30,000) from Rey S. Jallorina as payment
for the legal services to be rendered by Atty, Rizalee J. Perez.

JOSAN F. BARON
Secretary
Perez Law Office