Republic of the Philippines

7th Judicial Region

Municipal Trial Court in Cities
Branch ___
Cebu City

KRISTINA GINN A. ESTOY CIVIL CASE NO. _____,

Plaintiff, for Collection of Sum
of Money based on
Bouncing Checks
-versus-

MIHAEL MARK LEGAZPI

Defendant,

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

COMPLAINT

Plaintiff through counsel respectfully states

that:

1.She is of legal age, single, Filipino and a

resident of 123 street, Barangay Labangon,
Cebu City;
2.The defendant is of legal age, single,
Filipino and a resident of 456 street,
Barangay Talamban, Cebu City;
3.On 12 June 2017, the defendant obtained a
loan from the plaintiff in the amount of
P120,000.00 with an interest of P12,000 per
annum. The principal amount and the interest
shall be paid in four equal quarterly
installments starting from September 12,
2017. The Promissory Note was executed by the
parties a copy of which is attached as Annex
A;
4.The plaintiff required the defendant to issue
four post-dated checks as a security for the
loan, which the defendant complied with by
issuing the following checks, to wit:
 Check Due Date Amount
Number
13571 September 12, P33,000.00
2017
13572 December 12, P33,000.00
2017
13573 March 12, 2018 P33,000.00
13574 June 12, 2018 P33,000.00

Attached as Annex B-1 is check number 13571;

Annex B-2 is check number 13572; Annex B-3 is
check number 13573; and Annex B-4 is check
number 13574;
5.The plaintiff deposited the aforementioned
checks in the bank and when due date came,
Checks No. 13572, 13573, and 13574 were
dishonoured for the reason, Drawn Against
Insufficient Funds.
6.On June 12, 2018, the plaintiff informed the
defendant of the said dishonored check and
demanded for the payment of his obligation, a
copy of the letter of demand is attached as
Annex C;
7.Despite repeated demands, the defendant
refused and continues to refuse to comply
with plaintiff’s valid demand;
8.Due to the defendant’s failure to satisfy his
obligations, plaintiff has been compelled to
retain the services of counsel for which he
agreed to pay reasonable attorney’s fees in
the amount of P50,000.
9.The plaintiff has paid for litigation
expenses amounting to P20,000, receipt of
which is attached as Annex D;
10. The plaintiff also suffered actual damages
in the amount of the checks consisting of
P99,000.
11. To set an example to the public, plaintiff
also claims for exemplary damages in the
amount the court may deem proper.

WHEREFORE, premises considered, it is

respectfully prayed before the Honorable Court
to render decision in favor of the plaintiff
and order the defendant to pay the following:
a.The sum of Ninety-nine Thousand Pesos
(P99,000) covering the amount of the
checks;
b.Attorney’s fees in the amount of Fifty
Thousand pesos (P50,000);
c.Litigation expenses amounting to Twenty
Thousand pesos (P20,000);
d.Exemplary damages at the sum discretion of
the court;

Other reliefs and remedies deemed just and

equitable under the foregoing premises are
likewise prayed for.

Cebu City, January 7, 2018

EVANGERYL MUÑEZ
Counsel for Petitioner
BSP Law Office, Cebu Business Park, Cebu
City
Roll of Attorneys No. 5678
PTR No. 345876, 01/06/18, Cebu City
IBP No. 345906, 01/04/14, Cebu City
MCLE Comp. No. IV-0009864, 01/12/18
 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, Kristina Ginn A. Estoy, of legal age, after

having been duly sworn in accordance with law,
depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing

complaint;

3. I have read the contents thereof and the facts

stated therein are true and correct of my personal
knowledge and/or on the basis of copies of
documents and records in my possession;

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;

5. To the best of my knowledge and belief, no such

action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal
or agency;

6. If 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 undertake to report
that fact within five (5) days therefrom to this
Honorable Court.

KRISTINA GINN A. ESTOY

Affiant
SUBSCRIBED AND SWORN to before me this 7th day of
January 2019 at Cebu City affiant exhibiting to me
her SSS ID No. G03-987-5432 issued on October 2018
at Cebu City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.