Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
Baguio City
Branch 416B

REYNALDO AGCOLICOL GAOAT,

Plaintiff, Civil Case No. ____________
For: Collection of Sum
-versus- of Money and Damages with
Prayer for Issuance of Writ of
SHERWIN BRAVO VALDEZ, Preliminary Attachment
Defendant.
x------------------------------------------------x

AMENDED COMPLAINT

WITH ALL DUE RESPECT TO THE HONORABLE COURT, the

Plaintiff, thru the undersigned counsel, unto this Honorable Court
respectfully avers that:

1. Reynaldo Agcolicol Gaoat (Reynaldo for brevity) is of legal age,

single, Filipino citizen, and a resident of #34 Pangan St., Lower
Quirino Hill Barangay where he can be served with orders, and other
notices by the Honorable court.

2. The defendant Sherwin Bravo Valdez (Dr. Sherwin for brevity) is also
of legal age, married, Filipino citizen, and a resident of #58 Hucay St.,
Lower Quirino Hill Barangay where he can be served with orders, and
other notices by the Honorable court.

3. Reynaldo works as a part time faculty in the School of Business

Management and Accountancy of Saint Louis University. He also acts
as the manager of Full Advance Credit Corporation, a lending
corporation located in Bakakeng Norte, Baguio City.

4. On December 15, 2015, Reynaldo went to St. Jude Clinic located at

Valdez Commercial Building, Legarda Rd., Baguio City for a check-
up on his infected throat. Thereby, he met Dr. Sherwin, an
otolaryngologist with known expertise in treating throat illness.
Because of his frequent consultations, they became good friends.

1
5. On January 5, 2016, Dr. Sherwin approached Reynaldo to borrow
Five Million Pesos (P 5,000,000.00) to fund his new restaurant
business. He fully assured to Reynaldo that he will be able to pay him
within the period of one year since he expects a huge return of
investment in the purported restaurant business as well as he receives
large amount of rental income from the tenants of his own building,
the Valdez Commercial Building located at Legarda Road, Baguio
City.

6. Consequently, Reynaldo was blinded with the manifestations of Dr.

Sherwin and he immediately acceded to lend Dr. Sherwin with the
amount of Five Million Pesos (P5, 000, 000.00). On January 6, 2016,
Dr. Sherwin executed a Promissory Note evidencing the loan secured
from Reynaldo which had a term agreement of 12 months with ten
percent (10%) interest rate per annum and five percent (5%) for the
delay.

(A copy of the Promissory Note executed by Dr. Sherwin dated

January 6, 2016 is hereto attached and marked as Annex “A”.)

7. Furthermore, Dr. Sherwin voluntarily issued a postdated check in

favor of Reynaldo as a security to ultimately ensure the payment of
the borrowed amount. The check has a face value of Five Million
Seven Hundred Fifty Thousand Pesos (P5,750,000.00) and dated
January 20, 2017 to cover for the principal amount, interest, and
penalty when it falls due.

(A copy of the postdated check issued by Dr. Sherwin is hereto

attached and marked as Annex “B”.)

8. On December 22, 2016, Reynaldo visited Dr. Sherwin for his annual
check-up. Reynaldo reminded him about forthcoming maturity of the
existing loan. Again, Dr. Sherwin made assurances to Reynaldo on the
abrupt payment of the borrowed amount when it falls due.

9. On January 21, 2017, Reynaldo called Dr. Sherwin to collect the

payment of the loan but he cannot be reached. He personally visited
Dr. Sherwin’s clinic in Valdez Commercial Building but to no avail.
On the next day, he went to Dr. Sherwin’s residence but their maid
informed him that he went to Tagaytay for vacation;

10. On January 24, 2017, he proceeded to the bank to encash the

postdated check issued by Dr. Sherwin. To his surprise, the said

2
 postdated check was dishonored for insufficiency of funds. To inform
him of the situation, he sent a Notice of Dishonor to Dr. Sherwin thru
registered mail on January 26, 2017.

(A copy of the Notice of Dishonor sent by Reynaldo to Dr. Sherwin is

hereto attached and marked as Annex “C”.)

11. Reynaldo is unwilling to file any criminal charges against Dr.

Sherwin in connection with the bounced check since he has been a
good friend to him.

12. Reynaldo sent demand letters to Dr. Sherwin for collection of the
payment however the same remain unheeded and unsatisfied.

(A copy of the Demand Letter dated March 19, 2017 is hereto

attached and marked as Annex “D”. Another, a copy of the Final
Demand Letter dated April 23, 2017 is hereto attached and marked as
Annex “E”.)

13. Feeling agitated and worried, he filed a case in the Office of Lupong
Tagapamayapa of Lower Quirino Hill Barangay for possible
conciliation and collection of the loaned amount from Dr. Sherwin.
After several notices, he failed to appear in the conciliation meetings
in the barangay hall. Consequently, Punong Barangay Van Oliver
Dicang issued a Certificate to File Action against Dr. Sherwin.

(A copy of the Certificate to File Action dated May 31, 2017 and
signed by Punong Barangay Van Oliver Dicang is hereto attached
and marked as Annex “F”.)

14. Upon inquiry on the tenants of Valdez Commercial Building,

Reynaldo discovered that Dr. Sherwin has many creditors who
constantly go to their place and look after him for the collection of
payment. Moreover, Reynaldo learned that the Valdez Commercial
Building owned by Dr. Sherwin is offered for sale to the public.

(A copy of Affidavit of Leslie Colambo, a tenant in Valdez

Commercial Building, is hereto attached and marked as Annex “G”.)

15. Evidently, Dr. Sherwin tries to immediately dispose all his properties
in order to defraud his creditors and avoid the attachment of the
properties for the satisfaction of his debts.

3
 16. Due to the false pretenses and misrepresentations of Dr. Sherwin,
Reynaldo has logical reason to believe that Dr. Sherwin is involved in
fraudulent scheme of borrowing large amount of money and later on
abscond to avoid creditors who collect the payment of his debts.

17. Because of the wanton and malevolent acts of Dr. Sherwin as well as
failure to settle his obligations notwithstanding repeated demands,
Reynaldo was forced to secure the services of the undersigned in order
to effect collection of payment and to enforce its rights in court. He
paid an attorney’s fees amounting to Php 150,000.00, and appearance
fee of PhP4,000.00 per hearing.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that

after due notice and hearing, this Honorable court renders a judgment as
follows:

1. ORDERING and DIRECTING the defendant Sherwin Bravo

Valdez to pay the following:

a. The amount of P 5, 000, 000.00 including 10% interest for

annum and 5% penalty for the delay of the payment of loan;
b. Moral damages amounting to PhP 50, 000.00;
c. Exemplary damages amounting to PhP 50,000.00;
d. Attorney’s fees amounting PhP 160,000.00 including the
litigation expenses and costs;

2. ISSUE A WRIT OF PRELIMINARY ATTACHMENT over

the Valdez Commercial Building owned by the defendant
Sherwin Bravo Valdez as a security for the satisfaction of any
judgment to be rendered by the Honorable court.

Other reliefs just and equitable under the premises are likewise prayed
for.

Baguio City, Philippines. August 22, 2019.

ABO Law Firm

Room 422-A Diego Silang Bldg., A. Bonifacio Rd., Baguio City
09357016637/ abolawfirm@gmail.com

4
 MICHELLE VALDEZ ALVARO
Counsel for the Plaintiff
Roll of Attorneys No. 65710
IBP Lifetime No. 2130236/06-25-2019/Baguio-Benguet Chapter
PTR No. 2987981/07-3-2019/Baguio City
MCLE No. VII-0002649
Tel. no. (074) 301 9160
email: alvaromichelle6@gmailcom

MA. ANGELICA ZARATE BUNQUIN

Roll No. 2131657
IBP No. 2131657/May 05, 2017/Manila
PTR No. 12141516/January 11, 2019
MCLE Certificate of Compliance No. 11223344
angelicabunquin199x@gmail.com

5
Republic of the Philippines)
City of Baguio )S.S.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, REYNALDO AGCOLICOL GAOAT, of legal age, single,

Filipino citizen, and a resident of #34 Pangan St., Lower Quirino Hill
Barangay, after having been duly sworn to in accordance with the law,
hereby depose and state that:

1. I am the Plaintiff in the above-entitled case;

2. I have caused the preparation and filing of the foregoing Complaint

against Dr. Sherwin Bravo Valdez;

3. I have read and understood all the contents thereof; and all the
allegations therein are true and correct of my personal knowledge
and/or based on authentic records.

I FURTHER CERTIFY under oath that:

4. I have not heretofore commenced any action or filed any claim

involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of my knowledge, no such other action or
claim is pending therein;

5. If I should hereafter learn that the same or similar action or claim

has been filed or is pending, I shall report that fact within five (5)
days therefrom to this Honorable court.

IN WITNESS WHEREOF, I hereunto affix my signature this 22nd

day of August, 2019 at Baguio City.

REYNALDO AGCOLICOL GAOAT

Affiant
Driver’s License No. A-01-536254-DO

6
 SUBSCRIBED AND SWORN to before me this 22nd day of August,
2019 affiant showing to me his Driver’s License No. A-01-536254-DO as
competent proof of his identity.

Doc. No. 6;
Page No. 3;
Book No. I;
Series of 2019.

ATTY. FRANCIS DOMINICK PEDROCHE ABRIL

Notary Public
Roll No. 108008; 28 June 2018
IBP No. 0287888; IBP Baguio-Benguet Chapter- 01 Jul 2018
PTR No. 2651863; La Trinidad- 03 Jan 2019
MCLE No. VII- 01234; 05 May 2019
Room 208, Juniper Building, Bonifacio Street, Baguio City
afd0410@gmail.com / 0906-968-0910