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Republic of the Philippines

Regional Trial Court
9th Judicial Region
Branch ____
Zamboanga City

RICHARD ABELLA,
Plaintiff, CIVIL CASE NO. _________

- versus - - for –

COLLECTION OF A SUM OF MONEY

AND DAMAGES WITH APPLICATION
JASMINE ABUBAKAR, FOR A WRIT OF PRELIMINARY
Defendant. ATTACHMENT
x ------------------------------------ x

COMPLAINT
COMES NOW Plaintiff, through the undersigned counsel, unto this
Honorable Court, most respectfully alleges that:

1. Plaintiff is of legal age, Filipino citizen, and with residence and postal
address at Pasonanca, Zamboanga City, doing business under the name and
style Zamboanga Oil Station, with principal place of business at Veterans
Avenue, Zamboanga City, engaged in the retailing of gasoline and other
petroleum products to the public consumers in Zamboanga City.

2. Defendant is likewise of legal age, Filipino and with residence and

postal address at Tumaga, Zamboanga City, where they may be served with
summons and other processes of this Honorable Court.

3. On 01 January 2005, Defendant borrowed from Plaintiffs a sum of

money in the amount of ONE MILLION (Php 1,000,000.00) PESOS, Philippine
currency, payable within six (6) months with Ten (10%) Percent interest per
month. Defendant then issued a Promissory Note dated 01 January 2005 to that
effect. Promissory Note dated 01 January 2005 is hereto attached as Annex
“A.”

4. On or about 02 July 2005, Plaintiff made a verbal demand before

Defendant in order to compel the latter to comply with her obligation. However,
defendant failed to settle her obligation.

5. Consequently, Plaintiff sent Defendant a Demand Letter dated 20

September 2011. The letter was accepted and signed by the defendant on 21
September 2011. Machine Copy of the Demand Letter dated 20 September 2011
is hereto attached as Annex “B”.

6. Despite the persistent and continuous demands for the payment of the
said amount, Defendants failed and refused and continuously fail and refuse to
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settle their total obligation to the Plaintiff. Until now, notwithstanding repeated
demands by her, Defendant failed and refused and continuously failed and
refused to pay their total account with herein Plaintiff to its great damage and
prejudice.

7. These irresponsible acts of Defendant indisputably show her deceitful

and fraudulent intent not only in incurring said obligation but even in the
performance thereof, as until now, in spite of Plaintiff’s persistent and continuous
demands for the payment of the said amount, Defendant failed and refused and
continuously fail and refuse to settle their total obligation to the Plaintiff to his
damage and prejudice in the aforesaid sum of ONE MILLION (Php 1,000,000.00)
PESOS, Philippine Currency, which should be adjudged against herein
Defendant.

And by way of APPLICATION FOR A WRIT OF PRELIMINARY

ATTACHMENT

8. Plaintiff hereby repleads, reproduces, reiterates and incorporates by

way of reference all the material allegations in the foregoing paragraphs and
further alleges that:

9. This action for a sum of money is based upon the contract with
uncontroverted documents and therefore, a sufficient cause of action exists.

10. As clearly manifested by their fraudulent representation, illegal schemes

and manoeuvres as afore-mentioned, these acts clearly manifest fraud in
contracting the debt or incurring the obligation or in the performance on its part in
paying or settling its account. Through Defendant’s manoeuvres, bad faith, deceit
and illegal scheme, she was able to obtain a debt with Plaintiff, but failed and
refused and continuously fails and refuses to pay and/or settle its account to the
great damage and prejudice to herein Plaintiff. Moreover, they issued numerous
bad and unfunded checks to Plaintiff, ostensibly in payment of their accounts,
only to be withdrawn later upon its broken promise to just pay in cash.

11. Defendant has been in the process of removing or disposing of their

properties while the obligation incurred by the Defendant still subsists with intent
to defraud his creditors; and

12. There is no other sufficient security for the claim sought to be enforced
by this action.

13. Plaintiff is willing to post a bond in an amount to be fixed by the

Honorable Court, not exceeding Plaintiff’s claim, conditioned upon the payment
by the latter of all the costs which it may sustain by reason of the attachment, if
the Honorable Court shall finally adjudge that herein Plaintiff-applicant is not
entitled thereto.

14. In order to vindicate and enforce Plaintiff’s rights under the

aforementioned circumstances, he was forced to retain the legal services of
counsel with whom it obligated itself to pay P60,000.00 by the Plaintiff by way of
Attorney’s fee; P5,000.00 by way of deposit for legal expenses; and P3,000.00
per appearance in Court.
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PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that

after due notice and due hearing, judgment be rendered in favor of Plaintiff and
against the Defendant as follows:

1. Ordering Defendant to pay to Plaintiff the total sum of ONE MILLION

(Php 1,000,000.00), plus the amount of P100,000 by way of interests from 01
January 2005 until 01 July 2005, until fully paid.

2. Ordering Defendants to pay to Plaintiffs the sum of P60,000.00 by way

of Attorney’s fee; P5,000.00 by way of deposit for legal expenses; and P3,000.00
per appearance in Court, as well as cost of litigation.

3. An Order of Preliminary Attachment be issued by this Honorable Court,

requiring the sheriff to attach properties of the Defendants which are not exempt
from execution or so much thereof as may be sufficient to satisfy Plaintiff’s
demand.

Further, Plaintiff prays for such other reliefs as may be just and equitable
under the premises.

City of Zamboanga, Philippines, 09th February 2019.

A & B LAW FIRM

Counsel for Plaintiff
Professional and Occupational Manor
Mayor Jaldon St., Canelar Zamboanga City
Tel no. (062) 991-9999

BY:

AAA
PTR NO. 0630574 – 01/03/18
I.B.P. No. 896783-01/3/13 ZC
MCLE No. IV – 0033913 -9/21/11
Roll No. 63729

REPUBLIC OF THE PHILIPPINES)S.S.

CITY OF ZAMBOANGA X X X)

AFFIDAVIT OF MERIT

I, RICHARD BELLA, of legal age, Filipino citizens, with residence and

postal address at Pasonanca, Zamboanga City after having been duly sworn in
accordance with law depose and say, that:

1. I am the doing business under the name and style Zamboanga Oil
Station, with principal place of business at Veterans Avenue, Zamboanga City,
engaged in the retailing of gasoline and other petroleum products to the public
consumers in Zamboanga City;
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2. There is a sufficient cause of action against the DEFENDANT named

therein;

3. This action is one of those specifically mentioned in Section 1, Rule 57

of the Revised Rules of Court, whereby a writ of Preliminary attachment may
issue, to wit:

a.) In an action for the recovery of a specified amount of money or

damages, other than moral or exemplary, on a cause of action arising from
law , contract, quasi-contract, delict, quasi-delict against a party who is about
to depart from the Philippines. The instant case is indeed an action for a
specified amount of money based on contract.

b.) In an action against a party who has been guilty of fraud in

contracting the debt or incurring the obligation upon which the action is
brought, or in the performance thereof;

c.) In an action against a party who has removed or disposed of his

property, or is about to do so, with intent to defraud his creditors; and

d.) In an action against the party who does not reside and is not found
in the Philippines, or on whom summons may be served by publication.

4. The amount due to the plaintiff is as much as the sum from which as
order of attachment is sought to be granted, above legal counterclaim on the part
of the defendants.

IN WITNESS THEREOF, I have hereunto set my hands on this 09th day of

February 2019 at the City of Zamboanga, Philippines.

RICHARD ABELLA
Affiant

SUBSCRIBED AND SWORN TO before me on this 09th day of

February 2019, at the City of Zamboanga, Philippines, affiant exhibited to me his
competent evidence of identity, his SSS No. NO. 10-0347135-0.

BBB
Doc. No. 01 NOTARY PUBLIC
Page No. 02 Until December 31, 2018
Book no I Notarial Commission no, 78-2017
Series of 2019 Mayor Jaldon St., Canelar, Zamboanga City
I.B.P. No. 896783-01/3/13 ZC
MCLE No. IV – 0033913 -9/21/11
Roll No. 63729
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REPUBLIC OF THE PHILIPPINES)S.S.

CITY OF ZAMBOANGA X X X)

VERIFICATION/CERTIFICATION
I, RICHARD BELLA, of legal age, Filipino citizens, with residence and
postal address at Pasonanca, Zamboanga City after having been duly sworn in
accordance with law depose and say, that:

1. I am the Plaintiff in the above-entitled Complaint.

2. I have caused the preparation of the same;

3. I have read and understood the contents thereof, and to the best of my
knowledge, the facts therein are all true and correct of my own personal
knowledge and based on authentic records;

4. I further certify that we have not commenced any other action or

proceeding involving the same issues in the Supreme Court, the Court of
Appeals or different divisions thereof; or any other tribunal, or agency; and that if
I should thereafter learn that similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals or any tribunal or
agency, I shall undertake to promptly inform aforesaid courts and such other
tribunal or agency of that fact five (5) days from the notice.

IN WITNESS WHEROF, I have hereunto set my hand on this 09th day of

February 2019 at Zamboanga City, Philippines.

RICHARD BELLA
Affiant

SUBSCRIBED AND SWORN to before me on this 09th day of February

2019, affiant RICHARD BELLA exhibited to me his Competent Evidence of
Identity, his Driver’s License No. J04-14-00987.

BBB
Doc. No. 02 NOTARY PUBLIC
Page No. 02 Until December 31, 2018
Book no I Notarial Commission no, 78-2017
Series of 2019 Mayor Jaldon St., Canelar, Zamboanga City
I.B.P. No. 896783-01/3/13 ZC
MCLE No. IV – 0033913 -9/21/11
Roll No. 63729
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