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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


Branch 110
PASAY CITY

Zulit Corporation,
Plaintiff, Civil Case No. 00696969696

-versus-
For: Collection of Sum of Money
Sps. Arjay Realonda and with Application for Writ of
Bundang Realonda, Preliminary Attachment
Defendants.
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COMPLAINT

Plaintiff, by counsel, respectfully alleges:

COMMON ALLEGATIONS

1. That plaintiff is a private corporation organized and existing


under the laws of the Philippines with principal office at Pasay City,
Philippines. It may be served with court processes at Rm. 215 CUP Building,
Pasadena St., F.B. Harrison, Pasay City. Plaintiff is engaged in the lending
business.

2. That defendants are of legal age, spouses and residents of


Tramo, Brgy. 165, Pasay City where they may be served with summons.
Defendants wife is joined as a party as this suit involves conjugal obligation
of the spouses.

CAUSE OF ACTION

3. That on July 2, 2017 defendant Arjay Realonda (Arjay for brevity)


borrowed money from the plaintiff in the amount of SIX MILLION PESOS
(PHP6,000,000.00) with 6% interest. Arjay promised to pay the same within
one (1) month from January 2, 2018.

4. That demand was made on Arjay to pay his obligation as shown


by a demand letter dated August 2, 2017, a copy of which is hereto attached
as Annex A, but he refused and still refuses to pay.

5. That defendants, who benefitted from the proceeds of the loan,


are guilty of fraud in incurring and in the performance of their obligation to
plaintiff and that it appears that they had no intention whatsoever right from
the beginning of paying their obligation. Further, defendants are about to
depart the Philippines to defraud plaintiff.

6. That defendant’s obligation with the plaintiff now stands at


EIGHT MILLION FIVE HUNDRED TWENTY THOUSAND PESOS
(PHP8,520,000.00) inclusive of interests.

7. In view of defendants’ refusal to pay, plaintiff was constrained to


sue in court and as a result, incurred litigation expenses in the amount of
PHP100,000.00 and attorney’s fees in the sum equal to 10% of the
obligation.

APPLICATION FOR PRELIMINARY ATTACHMENT

Plaintiff repleads the forgoing allegations, and further alleges:

8. That defendants are guilty of fraud in incurring and in the


performance of their obligation to plaintiff in that it appears that they had no
intention whatsoever right from the beginning of paying their obligation.
Further, defendants are about to depart the Philippines to defraud plaintiff.
Thus, the latter applies for a writ of preliminary attachment pursuant to Rule
57 of the Rules of Court. Plaintiff is willing to put up a bond in such amount
as the court may fix for the purpose of the application for attachment.

RELIEFS

WHEREFORE, it is respectfully prayed that the judgment be rendered


in favor of plaintiff and against the defendants, as follows:

1. That a writ of preliminary attachment be immediately issued


pursuant to Rule 57 of the Rules of Court;

2. That the defendants be ordered to pay to plaintiff the aggregate


amount of EIGHT MILLION FIVE HUNDRED TWENTY THOUSAND PESOS
(PHP8,520,000.00) inclusive of 6% interest from the time of default of the
obligation;

3. Ordering the defendants to pay attorney’s fees in a sum of equal


to 10% of the total obligation due, and litigation expenses in the sum of
PHP100,000.00;

4. Awarding to plaintiff such other necessary relief as may be


deemed just and equitable in the premises.

Respectfully submitted. 5 February 2018. Pasay City.

DIZON JACABAN AND BACUD


Suite 213 CUP Building
Pasadena St., F.B. Harrison, Pasay City
By:

JONADS JACABAN-MERCADO
IBP NO. 069045-5/5/2019
PTR NO. 405049- 5/5/2019