METROPOLITAN TRIAL COURT BRANCH 30, MANILA SALVADOR CHUA,
Civil Case No. 163661
Plaintiff,
- versus -
For: Collection of sum of money
RODRIGO RIVERA and SILVIA SANCHEZ,
Defendants. X ----------------------------- X COMPLAINT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff is a Filipino, of legal age, and resident of 123 Brgy. 456, Manila City; defendants are both Filipinos, of legal age and residents of 321 Brgy. 789, Manila City, where they may be served with summons and other processes. 2. On February 24, 1995, defendants jointly and severally obtained a loan from the plaintiff, in the amount of P120,000/00, with Promissory Note showing promise to pay on December 31, 1995, and with agreement of imposing a 5% monthly interest from the date of default until the entire obligation is fully paid for. 3. On December 21, 1998, the plaintiff received a check issued by Defendant Rivera, drawn against defendants PCIB current account, numbered 132224, duly signed and dated, but blank as to payee and amount. Ostensibly, as per understanding by the parties, PCIB Check No. 132224 was issued in the amount of P133,454.00/00 with "cash" as payee. Purportedly, the check was simply partial payment for defendants loan in the principal amount of P120,000.00/00. Upon presentment for payment, the check was dishonored for the reason "account closed." 4. Despite repeated demands, both oral and written, defendants failed or have refused to pay any amount to plaintiff. A copy each of plaintiffs two (2) demand letters is attached as ANNEX A and B. 5. As of 31 May 1999, the amount due and demandable was pegged at P366,000/00, covering the principal of P120,000/00, plus five percent (5%) interest per month, from 1 January 1996 to 31 May 1999.
6. Resort to the Barangay Conciliation process proved fruitless as defendant
failed to appear, despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as ANNEX C, was issued by the Barangay Chairman. 7. By reason of defendants unreasonable failure or refusal to pay his due and demandable obligation, plaintiff was forced to engage the services of counsel to vindicate his rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000/00). WHEREFORE, plaintiff respectfully prays for judgement in his favor through a Decision directing defendant to pay him Three Hundred Sixty-six Thousand Pesos (P366,000/00), with legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000/00) as Attorneys Fees. Other just and equitable reliefs are also prayed for. June 1, 1999, Manila City. MARIA LOPEZ Attorney for Plaintiff LOPEZ LAW OFFICES 2nd Floor RCBC Plaza, Ayala Avenue, Makati City Roll No. 123456 P.T.R. No. 1234567 / Manila / January 10, 1999 IBP No. 123456/ Manila / January 20, 1999 MCLE Compliance No. 123456
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, Salvador Chua, of legal age, do hereby state that: I caused this complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on ___________.
(Sgd.) S. CHUA
SUBSCRIBED AND SWORN TO before me in the City of
_________________ on this day of ____________, affiant exhibiting before me his community tax certificate no. _______________ issued on _________________ at _______________.
Sgd. N. O. Tario Notary Public Until ________________ PTR No. _____________ Issued at _____________ On __________________ Doc. No. Page No. Book No. Series of 2009.