REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch 5
Baguio City

Alexander D. Petmalu, Civil Case No.

Plaintiff, For: Collection of Sum of
Money with Prayer of
writ for the issuance of
Preliminary Attachment
-versus-

Juan G. Lodi,
Defendant.

x------------------------------------------x

COMPLAINT

PLAINTIFF, through counsel, most respectfully avers:

(1.) That plaintiff, Alexander D. Petmalu is a Filipino

citizen, of legal age, single and a resident of 111
Honeymoon Road, Baguio City, whereas, defendant
Juan G. lodi is likewise a Filipino, of legal age, single,
and residing at 222 Teodoro Alonzo, Baguio City at
which address the party herein may be served with
summons and other court processes;

(2.) That on January 3, 2016, defendant borrowed from

plaintiff the amount of one million pesos (Php.
1,000,000.00), which indebtedness is due and payable
on or before June 3, 2017, with an interest at the rate of
12% per annum within one (1) year, in accordance with
the promissory note executed by the defendant on the
said date. Photostatic copy of said promissory note is
attached and marked as Annex “A” and made as a
integral part hereof;

(3.) That the defendant has failed and refused and still fails
and refuses to pay the said indebtedness on due date,
 with corresponding interest thereon to the herein
plaintiff, despite repeated requests and demands.

(4.) That the plaintiff served several demands to the

defendant, attached is the last demand letter executed
on August 7, 2018 by the plaintiff as annex “B” and
made as an integral part hereof;

(5.) That the defendant shall pay for the attorney’s fees and
expenses of litigation in the amount of Php. 75,000.00
and a fee of P3,000 for every appearance in court, and
to pay the cost of this suit;

(6.) That the plaintiff is willing to put up a bond for the

issuance of a preliminary attachment in an amount to
be fixed by the court, not exceeding the sum of one
million pesos which is the plaintiff’s claim herein;

Allegations for the Issuance of for Preliminary Attachment

Plaintiff further states and alleges:

(7.) That plaintiff has a valid and sufficient cause of action

against the herein defendant regarding the collection of
sum of money which is already due and demandable;

(8.) That defendant has removed or disposed of or is about

to remove or dispose of her property, with intent to
defraud her creditors thereby rendering nugatory and
ineffective whatever money judgment this honorable
court may render in the above entitled case;

(9.) That the defendant does not have sufficient security for
the claim sought for the plaintiff against him;

(10.) That the plaintiff is willing to put up a bond for the

issuance of a preliminary attachment in an amount to
be fixed by the court, not exceeding the sum of one
million pesos which is the plaintiff’s claim herein;
 PRAYER

WHEREFORE, it is most respectfully prayed of this

Honorable Court that pending hearing of this case a
writ of preliminary attachment be issued against the
property of the defendant to serve as security for the
satisfaction of any judgment that may be recovered
herein; and that after due hearing on the principal cause
of this action, judgment be rendered against the
defendant for the sum of the following:

(1.) Ordering defendant to pay plaintiff the amount of one

million pesos (Php. 1,000,000.00) plus interest thereon
at the rate of 12% per annum from June 3, 2017, and
until the same is fully paid; and

(2.) Ordering defendant to pay the attorney’s fees and

expenses of litigation in the amount of Php. 75,000.00
and a fee of P3,000 for every appearance in court, and
to pay the cost of this suit;

Plaintiff likewise prays for such other and further relief

or reliefs as this Honorable Court may deem just and
equitable under the premises.

Baguio City, Philippines, September 5 , 2018.

OSANG TARGARYEN
Rm. Counsel for the Plaintiff
477 , Porta Vaga Mall, Baguio City
REPUBLIC OF THE PHILIPPINES)
MANILA PHILIPPINES) S.S.

x-------------------------------------------x

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
I, Alexander Sison,Filipino, of legal age, single, after having been

duly sworn in accordance with law, deposes and states that:

1. That I am the plaintiff in the above-stated case;
2. That I have caused the preparation of the foregoing complaint;
3. I have read and understood the allegations therein contained

and the same are true and correct of my own personal

knowledge and based on authentic records;

4. I have not commenced any other action or proceeding

involving the same issues in the Supreme Court, the Court of

Appeals, or any other tribunal or agency; to the best of my

knowledge and belief, no such action or proceeding has been

filed or is pending before the Supreme Court, the Court of

Appeals, or other tribunal or agency; that 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 under take to report that fact

within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this

Ninth day of September, 2017 in Baguio City, Philippines.

Alexander Sison
Affiant
SSS ID no. 1234567
Issued at: Baguio City
Issued on: January 09,
2014

SUBSCIBED AND SWORN TO before me this ninth day of

September, 2017 in Baguio City, a after showing to me his
competent evidence of identity indicated below his name.

I HEREBY CERTIFY that I personally examined the

affiant and I am satisfied that she voluntarily executed and
understood his declaration on the place and date above written.

OSANG TARGARYEN
Notary Public
Commission No.00145
My Commission expires on December
31,2019
Until 31 December 2019
Law office address: Session road,
Porta Vaga Mall, Baguio City
Roll of Atty.’s No.: 08667
PTR No. 8978978
Issued on December 26, 2005
Issued at Baguio City, Philippines
IBP No.879879
Issued on December 29, 2005
Issued by: IBP-Baguio Chapter
MCLE Compliance No1-0000066
Date Issued: January 3, 2017

Doc. No. 1_
Page No2
Book. No. 5
Series of 2017
Date and Time Notarized: __________

“ANNEX A”

PROMISSORY NOTE

ANNEX “A”

January 03, 2016

Promissory Note Baguio City, Philippines

Php. 1,000,000.00

For value I received, I promise to pay to the order of Alexander Sison the sum of

One million pesos (Php. 1,000,000.00) with 12% interest per annum on or before

June 3, 2017, at his house in 111 Honeymn., Rd., Baguio City.

JJamero
Juan Jamero
 “ANNEX B”

TARGARYEN AND ASSOCIATES

Lawyers and Notary Public
Rm. 477, Porta Vaga Mall, Baguio City

DEMAND LETTER

August 7, 2017

Mr. Juan Jamero

222 Teodoro Alonzo

Dear Sir:

Our client Alexander Sison had referred to us his case as regards to

your indebtedness amounting to One million Pesos (Php. 1,000,000.00).
Please be reminded that your promissory note has become due on June
3, 2017 and a demand letter was sent last June 7, 2017. Kindly make
necessary payments to our client on or before 4 pm on August 25, 2017.
The refusal to accede to this second and final demand letter will prompt
the undersigned to seek recourse before the courts of law.

Please give this matter your utmost and preferable attention.

ATTY. OSANG TARGARYEN

Counsel for the Plaintiff