Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH ______

LUCKY D. MANALO
Petitioner,
-vs-
PROVIDERS MULTI-PURPOSE
COOPERATIVE CASE No. ________

Represented by MARIE DEE B. Complaint for

BELAGAN and ACTING CEO MARK BREACH OF CONTRACT
DOMINIC D. PAUIG
Respondents.

PETITION

With all due respect to the Honorable Court. Petitioner through the undersigned
counsel most respectfully state that:

1. Petitioner is married, of legal age, Filipino, and a resident of Magsaysay,

Naguillian, Isabela where she may be served with notices, orders, judgement
writs and other court processes of the Honorable Court through the
undersigned counsel whose address is indicated herein;

2. Respondents are the Board of Directors of PROVIDERS Multi-

Purpose Cooperative headed by the BOD Chairman , MARIE DEE B.
BELAGAN AND Acting CEO MARK DOMINIC D. PAUIG , with office
address at 1AH26 MAGSAYSAY, NAGUILIAN, ISABELA where they
may be served with summons and other court processes ;

3. That on April 03, 2017, Petitioner LUCKY D. MANALO as principal

borrower and husband MARSHALL EATON applied for a loan of TWO
MILLION SEVEN HUNDRED FORTY THOUSAND (Php 2,740,000)
PESOS for House Construction with PROVIDERS Multi-Purpose
Cooperative. Said loan was approved with an interest rate of one percent (1%)
per month for eight (8) years as evidenced by LOAN APPLICATION
FORM hereto attached as Annex “A”;
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4. That said loan was secured by Real Estate Mortgage (REM)

between Sps. LUCKY D. MANALO and MARSHALL J. EATON as
Attorney-in-Fact of Sps. MARIE DEE B. BELAGAN & JEFFREY A.
MAGAOAY and PROVIDERS Multi-Purpose Cooperative represented
by Cooperative Executive Officer MARK DOMINIC D. PAUIG which said
REM is hereto attached as Annex “B”;
5. That one of the requisites for the approval of the loan is the estimate of
materials of the Construction of Two-storey Residential Building located at
Belmas, Roxas, Naguillian, Isabela which said estimate was prepared by
Engr. JEFF EDWER E. AXALAN, Jr. which is hereto attached as Annex
“C”;
6. That the total estimate for the construction is THREE MILLION
EIGHT HUNDRED THIRTY NINE AND ONE HUNDRED NINETY
SEVEN 72/100 (Php 3,839,197.72) Pesos as estimated by Engr. JEFF
EDWER E. AXALAN, Jr. ;
7. That as agreed by the parties, release of loan shall be loan on a
staggared basis based on the finished construction of the house;
8. That the following are the dates of release and the amount of loan
released:
DATE GRANTED PRINCIPAL AMOUNT NET PROCEEDS
MAY 03, 0217 630,000.00 PHP 552, 193.46
MAY 17, 2017 325,000.00PHP 297,283.75
MAY 26, 2017 620,000.00PHP 269,634.25
JUNE 07, 2017 304,565.25
AUGUST 24, 2017 157,357.25

9. That the last check released on August 24, 2017 was named to the
contractor, NORTHERNSKY BUILDERS owned by Mr. JOSHUA
BANIHIT;
10. That it was said that PROVIDERS will release after the trusses are done,
but after trusses were made , there was still no release made;
11. Petitioner again asked the respondent PROVIDERS for the remaining
loaned amount, however, they promised that they will release
remaining amount after roofing was made, there was still no release up
to present;
12. That after said released of the above mentioned amounts, PROVIDERS
Multi-Purpose Cooperative no longer released any of the remaining
amount of the loan for reasons that the house is not more than the
amount loaned;
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13. Due to this, petitioner was forced to complete the house from their own
fund to prevent the materials in stock from damaging and prevent from
rust;
14. Further, unreleased loans resulted to unpaid materials incurred to the
supplier of their materials, MR. ARDIANO A. OLAVIDEZ which
even resulted to herein complainant to be invited by the PNP-Isabela
PPO, Criminal investigation and Detection Group headed by ALAIN
JERICHO R. CUYOPAN, Police Chief Inspector which is hereto
attaches as Annex “D”;
15. That the invitation of herein petitioner caused her mental anxiety and
sleepless nights, that should the loan have been released on time as
agreed upon, said problem should not have occurred;
16. That to prevent another adversities, herein petitioner paid the
outstanding balance to the said hardware out from their own and not
from any amount released by the cooperative;
17. That as per agreement of herein petitioner borrower, she will not be
charged for any interest until the amount of loan is completely
released, however, such is not the case;
18. That sometime on July, PROVIDERS were insisting to decrease the loan
of TWO MILLION (Php 2,000,000.00) PESOS without the
consent of herein complainant, Principal Borrower;
19. That they even offered petitioner to loan their capital share in the
cooperative instead of releasing the remaining amount of their loan;
20. With this, they are pushing herein complaint to incur more loan;
21. That by reason of the actuations of the respondent, petitioner was
compelled to secure the services of counsel and initiate the present suit
and spend for this case in the amount of Php 50,000.00 PESOS.

PRAYER

WHEREFORE, pursuant to law, it is respectfully prayed that judgement be

rendered in favor of the petitioner and against the defendant, ordering:
1.The Contract of Loan is violated due to serious breach ;
2.The interests will only accrue from the date that it was fully released;
3.Pay ligitation expenses, attorney’s fees amounting to 100,000.00; and
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4.Moral Damages caused by sleepless nights by facing unpaid creditors due to

unreleased amount of loan amounting 100,000.00; and

Such other relief’s which may be just and equitable under the premises are
likewise prayed for.

Atty. MA. KAREN A. BALDONADO-GUILLERMO

Notary Public
Until December 31, 2019
PTR No. 3218465/ 01-03-2018
Doc No:
Lifetime IBP No. 17396/05-20-2017
Page No:
Book: ROLL No. 67812/05-26-2017
Series of 2018. (MCLE Governing Board Order No. s-2008)
Diffun, Quirino