Republic of the Philippines

5th Judicial Region

REGIONAL TRIAL COURT
Branch 4, Legazpi City

CRISTINA OLARITA
Plaintiff,
Civil Case No. 1000
-versus- For: Collection of Sum of Money

SHAIRA MAE M. CUEVILLAS

Defendant
x------------------------------------------x

COMPLAINT

PLAINTIFF, through the undersigned counsel and unto the Honorable Court, most
respectfully sets forth that:

THE PARTIES

1. The Plaintiff is of legal age, Filipino citizen, single and a resident of RedLanch
Business Park Homelots Avenue, Dona Maria Subdivion, Tagas, Daraga, Albay and she is herein
represented by her counsel, the Law and Notarial Office of Tan Reyes and Associates, Daraga,
Albay where she may be served with summons and other notices of the Honorable court;
2. The Defendant is of legal age, Filipino citizen, single and a resident of Velasco
Street Dona Maria Subdivision, Daraga, Albay where she may be served with summons and
other notices of the Honorable court;

THE CAUSE OF ACTION

3. On January 15, 2014 Defendant obtained a loan from the Plaintiff an amount of
Five Hundred Thousand Pesos (Php 500,000.00). A copy of the Loan agreement is hereto
attached as Annex A with the following terms and conditions among others:
a. The principal loan obligation shall be payable in Three years (3) from time of
execution of the agreement
b. The principal loan obligation shall incur a simple interest of 10% per annum.
c. The loan was to mature on January 15, 2017.
4. On January 10, 2017, the Defendant issued a promissory note pleading for a
consideration to extend the maturity of the loan (January 15, 2017) until January 31, 2017 which
the plaintiff confirmed her approval through a phone call. A copy of the promissory note is
hereto attached as Annex B
5. On January 31, 2017, the Plaintiff did not receive any payment from the
Defendant.
6. Despite of the efforts of the Plaintiff to contact the Defendant on his personal and
business contact number, the latter cannot be reached.
7. On February 3, 2017, the Plaintiff issued a demand letter. A copy of the written
demand is hereto attached as Annex C
 8. Unfortunately despite the knowledge of the Defendant of the demand letter, still
the Defendant refused to settle its obligation with the Plaintiff.
9. Thus with the foregoing, the principal obligation of Five Hundred Thousand
Pesos (PhP 500,000.00) remains to be unpaid including the accused interest thereon at ten per
cent (10) per annum.
10. Moreover, as a result of Defendants refusal to settle his obligation, the Plaintiff
was compelled to initiate this suit and was constrained to secure the services of counsel for sum
representing TEN Per cent (10%) of the amount due as Attorneys Fees and will incur expenses
of litigation at not less than TWENTY THOUSAND PESOS (Php 20,000.00) for which it should
be reimbursed by the defendant and TWO THOUSAND PESOS (Php 2,000.00) per appearance
of counsel in court as Appearance Fees plus the cost of this suit.

PRAYER

WHEREFORE, premises considered, it is more respectfully prayed of the Honorable

Court that after trial that:

1. Judgement be rendered directing the Defendant to pay the Plaintiff the principal
amount of of Five Hundred Thousand Pesos (Php 500,000.00) plus 10% yearly
interest with legal interest computed from the date of the filing until such amount is
fully paid by the defendant;
2. Further, ordering Defendant to reimburse the Plaintiff, by way of Attorneys fees,
TEN Percent (10%) of the amount due plus expenses of litigation at not less than
TWENTY THOUSAND PESOS (Php 20,000.00) and to pay the cost of the suit.

The Plaintiff prays for such other relief and remedies just and equitable under the
premises.

Daraga, Albay, for Legazpi City, February 10, 2017.

THE LAW OFFICES OF

JUAN SANTOS and ASSOCIATES
Daraga, Albay

JUAN SANTOS
Admitted to the Bar July 2007
IBP No. 0123456/Albay/01-04-08
PTR No. 93784634-12-19
Roll No. 23873
Republic of the Philippines )
Province of Albay ) S.S
City of Legazpi )

VERIFICATION AND CERTIFICATIONAGAINST NON-FORUM

SHOPPING

I, Cristina Olarita, of legal age, Filipino, single, and a resident of of RedLanch

Business Park Homelots Avenue, Dona Maria Subdivion, Tagas, Daraga, Albay, after having
been sworn to in accordance with law hereby and say that:

1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation and filing of the foregoing complaint;
3. I have read and understood the contents thereof and that the allegations therein are
true and correct of my own personal knowledge and/or based on authentic records;
4. I certify that I have not commenced any action or proceeding involving the same
issue or subject matter in the Supreme Court, the Court of Appeals or different
Divisions thereof, or other tribunal or agency; that to the best of my knowledge, no
such action or proceeding is pending in the Supreme Court, the Court of Appeals or
different Divisions thereof, or any other tribunal or agency, and that, if I should learn
thereafter that a similar action or proceeding has been filed or is pending before these
courts or tribunal or agency, I shall undertake to inform this Honorable Court of the
same within five (5) days therefrom.

IN WITHNESS WHEREFORE, I have hereunto affixed my signature this 5 th day of April,

2017 at Daraga Albay, Philippines.

CRISTINA OLARITA
Affiant

SUBSCRIBED AND SWORN TO, before me this 5th day of April, 2017, at Daraga,
Albay, Philippines, by the above stated affiant who is known to me personally to be the
same person who executed the following Verification and Certification of Non-Forum
Shopping, Affiant further exhibited to me, as a competent proof of identitiy her LTO
Drivers License No. F12-111-223344 pursuant to Rule 2, Sec 12(a) of the 2004 Rules on
Notarial practice.

Doc No. 123;

Page No. 100; NOTARY PUBLIC
Book No. 3;
Series of 2017.
 February 3, 2017

From:
Cristina Olarita,
President
OLARITA Group of Companies

To:
Shaira Mae Cuevillas,
CEO
SMC Designs Co.

Dear Shaira,

Greetings! This is to remind you of your promissory note about extending the payment of
the principal interest Php 500,000 plus the 10 % interest per year until January 31, 2017 which
was originally due last January 15 2017. I and my secretary, despite of all the efforts to contact
you on your personal and business contact number, were unfortunate to reach you.

I am hoping to hear from you. Please contact me on my personal number so that I can
arrange my schedule to meet you personally.

Thank You!

Sincerely Yours,

Cristina Olarita
 Republic of the Philippines
5th Judicial Region
REGIONAL TRIAL COURT
Branch 4, Legazpi City

CRISTINA OLARITA
Plaintiff,
Civil Case No. 12345
versus- For: Collection of Sum of Money

SHAIRA MAE M. CUEVILLAS

Defendant.
x----------------------------------------x

ANSWER

Defendant through Counsel unto this Honorable Court respectfully avers:

1. Par. 1, 2, 3 and 4 of the complaint are admitted.

2. Par. 5 is denied. The truth of the matter is that the Defendant already fully paid her
obligation to the Plaintiff on January 27, 2017. The check payment was received by the
Plaintiffs secretary on the said date since the Plaintiff is on a vacation trip at that time.
The payment is evidenced by the acknowledgement receipt signed by the Plaintiffs
secretary named Agot M. Balasta, attached herewith as Annex A.

3. Par. 6 is denied. The Defendant did not receive any call or means of communication from
the Plaintiff.

4. Par. 7 & 8 is denied. Defendant did not receive and does not have the knowledge of the
said demand letter. The Defendant did not refuse but already paid her obligation to the
plaintiff, therefore is not liable for any expenses that may be incurred by the plaintiff in
maliciously filing this case without any factual or legal basis.

5. Under Article 1231 (1) of the Civil Code of the Philippines, an obligation is extinguished
by payment or performance.

AFFIRMATIVE DEFENSE

6. The principal loan of the defendant from the Plaintiff is only Five Hundred Thousand
Pesos (Php. 500,000.00) subject to Ten Percent (10%) per annum. This is evidenced by a
Loan Agreement (Annex B) signed by the Plaintiff and Defendant, dated January 15,
2014.

7. The Defendant, issued a check payable to the Plaintiff for the payment of the principal
loan with its incurred interest of 10% per annum, having a total amount of Six Hundred
Fifity Thousand Pesos (Php. 650,000.00) evidenced by Unionbank Check dated January
27, 2017 with check number 5450012345.

8. On January 27, 2017, the Defendant together with her secretary named Julia B. Dela
Cruz, went to the business address of the Plaintiff at 1st Floor, Building ABC, Brgy.
Tagas, Daraga Albay to settle the obligation. Unfortunately, the Plaintiff was on a
vacation trip on that day. Given that the obligation is due on the said date, the Plaintiffs
secretary Agot M. Balasta, received the check payment and signed the acknowledgement
receipt.
 9. From January 28, 2017 to February 15, 2017, the Defendant was on a Business Trip in
Japan, therefore it would not be possible for the Plaintiff to contact the Defendant thru
her business personal and business number.

10. It was Ms. Julia B. Dela Cruz the secretary of the Defendant, who actually received the
demand letter issued by the Plaintiff, and with the knowledge of the said obligation
having been fully paid already, she disregarded the demand letter without informing the
Defendant.

11. Plaintiff has no more cause of action against the defendant who already fully paid her
obligation.

PRAYER

IN VIEW OF THE FOREGOING, defendant most fervently prays before this Honorable Court:

1. To deny plaintiffs prayer in the Complaint;

2. To hold the plaintiff liable to the defendant for the following:

a. Attorneys Fees of Php. 50,000.00 as acceptance fee plus Php. 4,000.00 as

appearance fee.
b. Moral damages of 100,000.00.

Defendant prays for other reliefs equitable under the premises.

February 20, 2017, Legazpi City.

JUAN DELA CRUZ

Defendants Counsel
Roll No. 00123, 7/2/02; Lifetime IBP No. 023456, 7/2/02
PTR No. 8976543, 3/2/2016; MCLE Compliance No. V-0000158, Mar. 2, 2017
Daraga, Albay
 VERIFICATION & CERTIFICATION

I, SHAIRA MAE M. CUEVILLAS, after being sworn to in accordance with law, despose
and say;

That iam the Respondent in the above-entitled case; that I have caused the preparation
and filing of this Answer; That I have read and understood the contents thereof and based on my
personal knowledge and authentic documents the same are true and correct, I also certidy that u
have not therefore commenced any other action involving the same issues in the Supreme Court,
the Court of Appeals, or different divisions thereof, or any Tribunal and Agency, and if I should
thereafter, learn that a similar action or proceeding has been filed or is pending before the the
Supreme Court, the Court of Appeals, or different divisions thereof, or any Tribunal and Agency,
I hereby undertake to promptyly inform the aforesaid Court and this Court of the Facts of the
existence of any such action or proceeding within five (5) days from knowledge thereof.

February 20, 2017. Legazpi City.

Shaira Mae M. Cuevillas

Affiant
Drivers License No. F10-000-1234567

SUBSCRIBED AND SWORN TO, before me this 20th day of February, 2017, in Legazpi
City, Philippines, by Shaira Mae M. Cuevillas, personally known to me to be the same person
who personally signed before me the foregoing Answer and acknowledged that she executed
the same.

Doc No. 123;

Page No. 100; NOTARY PUBLIC
Book No. 3;
Series of 2017.

THE LAW OFFICES OF

JC GAMBOA and ASSOCIATES
Daraga, Albay
 January 10, 2017
To:

MS. CRISTINA OLARITA

President of OLARITA Group of Companies

PROMISSORY NOTE

Dear CRISTINA,

Greetings! With regards to my loan last January 15, 2014 amounting to Php500,000.00
with 10% interest per annum which was agreed to mature on January 15, 2017, I humbly ask for
your consideration to grant an extension to my payment until January 31, 2017 due to some
important circumstances. I promise to pay the due amount on or before such date.

Hoping for your kindness and consideration,

Sincerely Yours,

Shaira Mae Cuevillas

CEO of SMC Designs Co.

 Loan Agreement

Dated: January 15, 2014

Php. 500,000.00

FOR VALUE RECEIVED, the undersigned, SHAIRA MAE M. CUEVILLAS, a resident of

Velasco St. Dona Maria Subdivision, Daraga, Albay, hereby promises to pay to the order of
CRISTINA OLARITA, a resident of Redlanch Business Park, Homelots Ave., Dona Maria
Subdivision, Tagas, Daraga, Albay, the principal sum of Five Hundred Thousand Pesos Only
(Php. 500,000.00) together with interest on the principal balance, and in accordance with the
terms set forth below.

Payment. The principal amount of this Loan together with accrued and unpaid interest, is due
and payable on or before January 15, 2017. All payments under this Agreement are applied
first to accrued interest and then to the balance of the outstanding principal.

Prepayment. The Borrower has the right to prepay all or any part of the principal amount of
this Loan, together with accrued and unpaid interest thereon, at any time without prepayment
penalty or premium of any kind.

Successors and Assigns. This Loan will inure to the benefit of and be binding on the respective
successors and permitted assigns of the Borrower. The Borrower may not assign its rights or
delegate its duties under this Loan without the Lenders prior written consent.

Severability. In the event that any of the provisions of this Loan are held to be invalid or
unenforceable in whole or in part, the remaining provisions shall not be affected and shall
continue to be valid and enforceable as though the invalid or unenforceable parts had not been
included in this Loan.

Governing Law. This Loan shall be governed by and construed in accordance with the laws of
R.A 1234 (1) of the Philippines.

IN WITNESS WHEREOF, the undersigned has executed this Loan Agreement as of the date
first stated above.

________________________________________

Signature of Borrower