ESSENTIAL PARTS AND NECESSARY ALLEGATIONS OF A

COMPLETE COMPLAINT FOR COLLECTION OF SUM OF MONEY

Parts Sample
Republic of the Philippines
REGIONAL TRIAL COURT
Caption FIRST JUDICIAL REGION
Branch _______
Baguio City

MIKO ARIES TABANDA,

Plaintiff,

- versus - CIVIL
CASE NO. ________

Title of the action

For:
ABBAS SARIPADA MACADATAR,

Defendant.
COLLECTION OF SUM OF MONEY
x-------------------x

Body: 1. The plaintiff, MIKO ARIES TABANDA, is of legal age,

1. Name/s and married, Filipino citizen, and a resident of Block 7, Lot
other personal
13, Gloria Diaz Street, Classic 1 BFRV, Las Piñas City;
circumstances of
the Plaintiff 2. The defendant, ABBAS SARIPADA MACADATAR, is of
2. Name/s and legal age, single, Filipino citizen with postal address at
other personal Zola Restaurant, Session Road, Baguio City, where he
circumstances of may be served with summons and other processes of
the Defendant
the Honorable Court;
3. Narration of the 3. That the defendant borrowed an amount of
facts constituting P400,000.00 from the plaintiff;
the cause of 4. That the parties agreed that the defendant shall pay
action. the loaned amount within one year or until August 10,
2018;
5. That after such due date and despite repeated
demands from the plaintiff, defendant refused to pay
the loaned amount.
6. That the plaintiff suffered damages and sleepless
nights by reason of such non-payment of debt by the
defendant;
7. That due to the unjustified refusal of the defendant to
settle his obligation, plaintiff was constrained to file
this instant suit to protect his interest.
Date
Baguio City, August 17, 2018.
Address Complainant:

The plaintiff, MIKO ARIES TABANDA, is of legal age,

married, Filipino citizen, and a resident of Block 7, Lot
13, Gloria Diaz Street, Classic 1 BFRV, Las Piñas City;

Defendant:

2. The defendant, ABBAS SARIPADA MACADATAR, is

of legal age, single, Filipino citizen with postal address
at Zola Restaurant, Session Road, Baguio City, where
he may be served with summons and other processes
of the Honorable Court

Counsel :

JSA NOBLE D. GIRONELLA

Notary Public of Baguio City
Until December 31, 2017
MCLE Compliance No. VI
Cert. No. 0000144, 6-14-2016
Rm. 406, Mt. Crest Hotel
Legarda Road, Baguio City

Complainant:

MIKO ARIES TABANDA

Affiant
Signature
Counsel:

ATTY. JSA NOBLE D. GIRONELLA

Relief/prayer WHEREFORE, premises considered, it is most
respectfully prayed that after due notice and hearing,
judgment be rendered in favor of the plaintiff and
directing the defendant to pay the following:

a. FOUR HUNDRED THOUSAND PESOS representing

the principal loaned amount plus legal interests;
b. TWENTY THOUSAND PESOS as attorney’s fees;
c. TWENTY THOUSAND PESOS as moral damages.

Other reliefs just and equitable are likewise

prayed for.

Verification REPUBLIC OF THE PHILIPPINES)

City of Baguio ) S.S.

VERIFICATION AND CERTIFICATION OF NON-

FORUM SHOPPING

I, Miko Aries Tabanda, of legal age, single, Filipino

and a resident of Block 7, Lot 13, Gloria Diaz Street, Classic 1
BFRV, Las Piñas City, under oath depose and state that:

I am the Petitioner in the above captioned case; I

have caused the preparation of the same; I have read the
allegations contained therein; and I certify that they are all
true and correct to the best of my own knowledge.

I further certify under oath that I have not

commenced any similar action before the Supreme Court,
Court of Appeals, or before any court, tribunal or agency
concerned; and should I learn of any similar cause of action
filed before any of the aforesaid bodies, I undertake to
notify this Honorable Court within five (5) days from notice.

IN WITNESS WHEREOF, I have hereunto set my hand

this 17th day of August 2018 at Baguio City.

Miko Aries Tabanda

Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this 17th day of
August 2018 at Baguio City, Philippines. Affiant exhibited to
me his Driver’s License with LTO ID No. 123455678 issued
on December 6, 2018.

WITNESS MY HAND AND SEAL.

Atty. Raul Barredo
Notary Public until 12/31/2019
Rm. 406, Mt. Crest
Hotel
Legarda Road,
Baguio City
Roll of Attorneys No. 12345678
IBP No. 12345678
PTR No. 234567
MCLE Compliance No. 1234567
Doc. No.___;
Page No.___;
Book No.___;
Series of 2018
 REMEDIES

Municipal
Trial Court

Regional •Ordinary
Appeal
Trial Court (Rule 40)

Court of •Petition for

Review
Appeals (Rule 42)

•Petition for
Supreme Review on
Certiorari
Court (Rule 45)

Regional
Trial Court

Court of • Ordinary
Appeal
Appeals (Rule 41)

• Petition for
Supreme Review on
Certiorari
Court (Rule 45)
 Small Claims
RULE: Final and unappealable
Remedy:

Municipal
Trial Court

• Certiorari (Rule 65)

Supreme • If there is grave
abuse of discretion
Court amounting to lack or
excess of jurisdiction

PROVISIONAL REMEDIES
RULE 57
Preliminary Attachment
An order of attachment may be issued either ex parte or upon motion with notice and hearing by the
court in which the action is pending, or by the Court of Appeals or the Supreme Court, and must require
the sheriff of the court to attach so much of the property in the Philippines of the party against whom it
is issued, not exempt from execution, as may be sufficient to satisfy the applicant's demand, unless such
party makes deposit or gives a bond as hereinafter provided in an amount equal to that fixed in the
order, which may be the amount sufficient to satisfy the applicant's demand or the value of the property
to be attached as stated by the applicant, exclusive of costs. Several writs may be issued at the same
time to the sheriffs of the courts of different judicial regions.

POSSIBLE DOCUMENTS/EVIDENCE
Check Box
Documents/Evidence
Promissory Note
Contract
Receipt
Testimony
Check
Statement of Claim for Small Claims
Others:
 JURISDICTIONAL AMOUNTS

RTC MTC

Above P 400,000.00 Within Metro P 400,000.00 and below

Manila

Above P 300,000.00 Outside Metro P 300,000.00 and below

Manila