REPUBLIC OF THE PHILIPPINES

7th JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
City of Cebu, Branch ____

JUAN A. DELA CRUZ,

Plaintiff,

- versus - CIVIL CASE NO. ________________

For: Collection of a sum of money and
Damages

PEDRO A. SANTOS,
Defendant.
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COMPLAINT

PLAINTIFF, by undersigned counsel, unto the Honorable Court,

respectfully alleges THAT:

1. PLAINTIFF is a a Filipino citizen, of legal age, married and with

residence at No. 38, Gorordo Avenue, Barangay Kamputhaw, Cebu
City, where he may be served with orders and processes of this
Honorable Court;

2. DEFENDANT is a Filipino citizen, of legal age, married and

residing at No. 826-C, D. Jakosalem Street, Barangay Parian, Cebu
City, where he may be served with orders and processes of this
Honorable Court;

3. On September 15, 2016, the Defendant obtained a loan from the

Plaintiff in the sum of One Hundred Fifty Thousand Pesos
(Php150,000.00), as evidenced by a Promissory Note of the same
date, a copy of which is hereto attached as Annex A, with the
below terms and conditions:

a. The principal loan obligation shall be payable in three monthly

installments, with each installment of Fifty Thousand Pesos
(Php50,000.00) payable on the 15th day of the month following
the execution of the promissory note;

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 b. Each installment shall earn an interest of 2.5% or One
Thousand Two Hundred and Fifty Pesos (Php1,250.00), which
shall be paid together with the monthly installment on the 15th
day of the month following the execution of the promissory
note;

c. Failure to pay at least one monthly installment, together with its

interest, will render the remaining balance of the loan
obligation immediately due and demandable.

4. On October 15, 2016, the Defendant was able to pay the first
monthly installment of Fifty Thousand Pesos (Php50,000.00)
together with an interest of One Thousand Two Hundred and Fifty
Pesos (Php1,250.00), or a total of Fifty-One Thousand Two
Hundred and Fifty Pesos (Php51,250.00), as evidenced by a receipt
of the same date issued by the Plaintiff. A copy of which is hereto
attached as Annex B;

5. On November 15, 2016, when the second monthly installment

became due and demandable, the Defendant was unable to pay the
monthly installment and its corresponding interest;

6. Upon the Defendants failure to pay, a demand letter dated

November 22, 2016 for the payment of the second monthly
installment and its corresponding interest was sent by the Plaintiff
on the same date; however, the Plaintiffs demand went unheeded.
A copy of the first demand letter is hereto attached as Annex C;

7. On December 9, 2016, the Plaintiff sent another letter to the

Defendant informing the latter that the remaining balance of One
Hundred Thousand Pesos (Php100,000.00) and an interest of Two
Thousand Five and Hundred Pesos (Php2,500.00) or a total amount
of One Hundred Two Thousand and Five Hundred Pesos
(Php102,500.00) is already immediately due and demandable. A
copy of the second demand letter is hereto attached as Annex D;

8. On December 23, 2016, a final demand letter was sent by the

Plaintiff for the payment of the remaining principal obligation and
interest due; however, the same was ignored by the Defendant. A
copy of the final demand letter is hereto attached as Annex E;

9. Notwithstanding the Plaintiffs repeated demands, the Defendant

failed and refused and still fails and refuses to heed to the formers

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 just and valid demands, leaving the Plaintiff no other recourse but
to litigate and file this action;

10. By virtue of this action, the Plaintiff was constrained to engage the
services of counsel to whom he is bound to remunerate by way of
attorneys fees in the sum of Twenty Five Thousand Pesos
(Php25,000.00);

11. The unjust and intentional refusal of the Defendant to pay his
overdue obligation resulted in Plaintiffs failure to comply with his
own obligations, causing serious anxiety and besmirched reputation
on the part of the Plaintiff; thus, the Plaintiff is entitled to an award
of moral damages in the amount of Twenty Thousand Pesos
(Php20,000.00);

12. By reason of the Defendants violation and disregard of the

Plaintiffs rights, the award of exemplary damages in the amount of
Twenty Thousand Pesos (Php20,000.00) is likewise warrant to
serve as a deterrent to the commission by the Defendant, and to
others similarly-minded, of similar acts in the future.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that, after due hearing, judgment be rendered in favor
of the Plaintiff and against the Defendant in this manner:

1. Ordering the Defendant to immediately pay the Plaintiff the

amount of One Hundred Thousand Pesos (Php100,000.00) and an
interest of Two Thousand Five and Hundred Pesos (Php2,500.00)
or a total amount of One Hundred Two Thousand and Five
Hundred Pesos (Php102,500.00);

2. Ordering the Defendant to pay a Ordering the Defendant to pay

Attorneys fees of not less than Twenty Five Thousand Pesos
(Php25,000.00);

3. Ordering the Defendant to pay moral damages in the amount of

Twenty Thousand Pesos (Php20,000.00);

4. Ordering the Defendant to pay exemplary damages in the amount

of Twenty Thousand Pesos (Php20,000.00); and

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5. Ordering the Defendant to pay the cost of suit.

Other just and equitable reliefs are also prayed for.

Cebu City, January 18, 2017.

PABUAYA & SANTOS LAW OFFICE

Counsel for the Plaintiff
Room 204, CRM Building,
Escario cor. Molave Sts., Lahug,
Cebu City 6000
Telephone Number: (032) 253-1890 to 91
Fax Number: (032) 253-1892
E-mail Address: inquiry@pslawoffice.com

By:

ATTY. CRISTIE PEARL O. PABUAYA

Roll No. 374435
IBP No. 827847, 01/04/17, Cebu City
PTR No. 576784, 01/04/17, Cebu City
MCLE Compliance No. V-0008811
Telephone No. (032) 253-1890 local 101
E-mail Address: cpopabuaya@pslawoffice.com

ATTY. MARIA EMMA C. SANTOS

Roll No. 383325
IBP No. 8448436, 01/05/17, Cebu City
PTR No. 599013, 01/05/17, Cebu City
MCLE Compliance No. V-0008815
Telephone No. (032) 253-1890 local 102
E-mail Address: emecsantos@pslawoffice.com