Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch __, Lipa City

ABY REYES,
Plaintiff,
CIVIL CASE NO._________
-versus- For: Sum of Money
With application for a
OSCAR DE CASTRO, Writ of Preliminary Attachment
Defendant.
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COMPLAINT

COMES NOW the plaintiff, through the undersigned counsel, and to this Honorable Court,
respectfully states;

1. That plaintiff is a Filipino, of legal age, and residing at Brgy. AA, Lipa City, where he may be
served with court processes;
2. That defendant is likewise a Filipino, of legal age, and a resident of Brgy. BB, Lipa City, where
he may be served with summons;
3. That plaintiff is a businessman engaged in buying and selling scrap materials in his scrap
yard located at Brgy. CC, Lipa City;
4. That defendant is also a businessman engaged in buying and selling second hand motor
vehicles;
5. That on December 23, 2011 defendant borrowed from plaintiff the amount of ONE MILLION
FIVE HUNDRED THOUSAND PESOS (P1,500,000.00) to be used as additional capital with
interest at the rate of TWELVE (12%) percent per annum payable on December 23, 2012 as
evidenced by a Promissory Note, copy of which is hereto attached as Annex “A” and made
an integral part hereof;
6. That upon the arrival of the agreed date of payment, no payment was made by defendant;
7. That plaintiff, through his lawyer prepared a demand letter and sent it to defendant at his
residence, copy of which is hereto attached as Annex “B” and made an integral part hereof;
8. That upon receipt of said demand letter defendant went to the house of plaintiff and
requested the latter to give him three (3) weeks to settle his obligation which was
favourably granted by plaintiff;
9. That after the lapse of the period given, no payment was made by defendant causing
plaintiff to make a final oral demand for defendant to comply with his obligation but the
latter had failed and refused and still fails and refuses to make good of his obligation;
10. That the above mentioned sum of One Million Five Hundred Thousand Pesos
(P1,500,000.00) is due and demandable and plaintiff is entitled to the payment thereof plus
interest;
11. That because of defendant’s refusal to satisfy plaintiff’s valid, just and demandable claim,
plaintiff was compelled to retain the services of the undersigned counsel to enforce the
collection of above-said obligation plus interest, thereby committing himself to pay legal
 expenses equivalent to 25% of the amount collected and Three Thousand Pesos
(P300,000.00) per court appearance;
12. That defendant is about to remove or dispose his property , with intent to defraud his
creditors, affidavit of preliminary attachment being hereto attached as Annex “C” and made
an integral part hereof;
13. That plaintiff is willing to put up a bond for the issuance of a preliminary attachment in the
amount to be fixed by the Court, not exceeding the sum of P1,500,000.00 which is the
plaintiff’s claim herein.

PRAYER

WHEREFORE, plaintiff respectfully prays that:

1. Pending the 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
2. After due hearing on the principal cause of this action, judgment be rendered against
the defendant for:
i. The sum of Php 1,500,000.00 and interest thereon at the rate of 12% per
annum until fully satisfied;
ii. Twenty five (25%) of the amount collected by way of attorney’s fees;
iii. The costs of the suit.

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