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REPUBLIC OF THE PHILIPPINES

Central Visayas
REGIONAL TRIAL COURT
7th Judicial Region
Branch 28
Mandaue City

BANCO DE ORO
Plaintiff,

-versus- CIVIL CASE NO. 2017-02


FOR SUM OF MONEY

RODRIGO DELIMA
Customer No. XXXXXXXXXXXXX
Defendant
X-------------------------------X

COMPLAINT

PLAINTIFF, BANCO DE ORO (herein after referred to as BDO) by


counsel to this Honorable Court respectfully states that:

1. Plaintiff BDO is a domestic corporation duly organized and


existing under and by virtue of Philippine laws, with principal
business address at 5th floor, BDO Card Center Building, 8753
Paseo de Roxas, Mandaue City. It is represented by the affiant
signatory to the verification and certification who has been
appointed by the Board of Directors as its duly authorized
representative to the file this case and to represent it in all court
proceedings. Hereto attached as Annex A is the Secretarys
Certificate incorporating the Board Resolution passed to that
effect.

2. Defendant RODRIGO DELIMA is Filipino, of legal age, whose


addresses are at 1). Apple Village Banilad, Mandaue City, 2)
Banana Leaf Corp., 5/F Legaspi Tower 400 V. Cruz Street cor
Osmena Blvd., Cebu City, where he may be served with
summons and other court process.

3. Plaintiff BDO issues credit cards using a card operating system


that is both information security and quality management
compliant as certified by the British Standard Information
Security Management System and International Standard
Organization for Quality Management System.

4. Through its credit card system, plaintiff extends credit


accommodations to its cardholders for the purchase of goods
and other services from accredited establishments and
availment of cash advance/s from authorized branches or
Automated Teller Machines (ATMs) to be paid later on by the
cardholders;

5. Defendant was issued BDO Credit Card under Customer No.


XXXXXXXXXXXXXXXXX upon his acceptance of the terms and
conditions governing the issuance and use of the BL credit card.
Certified Xerox copies of the signed Cardholder Information
Sheet and BDO Delivery Receipt are hereto attached as
Annexes B and C

6. By the terms and conditions governing the issuance and use of


a BL Card, defendant undertook to pay all changes incurred
through the use of the aforesaid card within the period of twenty
(20) calendar days from the defendants assigned cut-off date
without the necessity of demand. The cardholder is given the
option to pay the amount billed in full or the minimum payment
required in the statement of account. Should the cardholder opt
to pay the minimum payment, a finance charge of 3.25% based
on the average balance is added to the account. Additionally, in
case of defendants failure to pay on the due date indicated in
the billing statement, the unpaid balance shall be subject to late
payment charge at the rate of 6% for every month or a fraction of
a months delay;

7. Defendant availed himself of such credit accommodation by


using the said BDO Card issued to him.

8. Through the use of his aforesaid credit card, defendant had


incurred credit charges, with Total Outstanding Balance (TOB) of
P263,817.11 per Statement of Account (SOA) dated February 6,
2017, hereto attached as Annex D.

9. Defendant failed to comply with his obligation based on the


amount demanded as may be gleaned from the SOAs dated
December 2016 to January 2017, which are attached hereto as
Annexes D-1 to D-14. The SOAs represent faithful records of
the defendants account with plaintiff as there was no protest
whatsoever, notwithstanding receipts hereof by the defendant

10. The plaintiff made several verbal and written demands on


the defendant for the payment of his credit card, by sending him
demand letters and also the pertinent statements of account
showing the amount owed and the date required payment is due
from him. Notwithstanding the defendants receipt of these
demands, he unjustifiably refused and failed, as he unjustifiably
continues to refuse and fail to pay his plainly just, valid,
outstanding and overdue obligation to the plaintiff. Photocopies
of the demand letters sent by personal delivery are hereto
attached as Annexes E and F.

11. In view of the defendants willful, unjustified and continued


failure and/or refusal to pay his outstanding, overdue and unpaid
obligation, the plaintiff was constrained to engage the services of
the undersigned counsel to protect its interests for an agreed
attorneys fees equivalent to 25% of the total amount due,
exclusive of appearance fee, for every court hearing, which
expenses should be reimbursed by the defendant to plaintiff.

PRAYER

WHEREFORE, plaintiff respectfully prays that judgment be


rendered against defendant ordering him to pay plaintiff, as follows:

1. The amount of PhP 263,817.11 as of February 6, 2017 plus


finance charge at the rate of 3.25% and late payment charge at
the rate of 6% per month from March 5, 2017 until the total
obligation is fully paid;

2. Attorneys fee equivalent to twenty five percent (25%) of the total


obligation due and demandable exclusive of appearance fee for
every court hearing; and

3. The costs of suit.

Further, plaintiff prays for other just and equitable relief.

Mandaue City, February 15, 2017

DANN MARR P. ANDRINO


Counsel for the Plaintiff
5 Zamora St. Banilad, Mandaue City
IBP No. XXXXX-Cebu City-1/12/17
PTR No. XXXXXX-Cebu City-1/12/17
MCLE Compliance No. II-XXXXXX-08/26/08
Roll No. 33453
VERIFICATION AND CERTIFICATION

I, LENI BORDADO, of legal age, Filipino with office and postal address
at 5TH floor BDO Card Center, 8753 Paseo de Roxas, Mandaue City,
after having been sworn in accordance with law, hereby depose and
say that:

1. I am a Manager of plaintiff-corporation in the above-entitled case


and am authorized by plaintiff corporation to file this compliant; I
caused the preparation of the foregoing Complaint for Sum of
Money and I have read and understood the contents thereof and
the allegations contained therein are true and correct based on
authentic records in our possession

2. pursuant to Supreme Court Administrative Circular No. 04-94, I


hereby certify that Plaintiff has not therefore commenced any
other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or
agency, and to the best of my knowledge, no such action or
processing is pending in the Supreme Court, the Court of
Appeals or any tribunal or agency, and if I should thereafter learn
that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals; or any other
tribunal or agency, I undertake to report that within five (5) days
therefrom;

LENI BORDADO
Affiant

SUBSCRIBED AND SWORN to before me this 22NDday of February 2017, at Mandaue


City, affiant exhibiting to me her CTC No. 03861181 issued at Mandaue City on January 22, 2017
and Passport No. UU670597, thus satisfactorily having proven her identity to me.