REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
CITY OF MANILA
BRANCH 28

DIVINE MACAPAGAL,
Plaintiff,
CIVIL CASE NO. 20-00004
- versus – FOR: COLLECTION OF SUM
OF MONEY
IRISH ASPERGA,
Defendant.
x-----------------------------------x

COMPLAINT

The Plaintiff, through the undersigned counsel and unto this

Honorable Court, most respectfully submits this Complaint and avers
that:

1. Plaintiff is a Filipino citizen, of legal age, single and with

residence at Unit 201, ABC Plaza, Leon Guinto Street, Malate,
Manila, where she may be served with orders and processes of
this Honorable Court;

2. Defendant is a Filipino citizen, of legal age, single and with

residence at No. 236 Caimito Street, Lifehomes Subdivision,
Manila, where he may be served with orders and processes of
this Honorable Court;

3. On September 15, 2018, the Defendant obtained a loan from the

Plaintiff in the sum of Five Hundred Thousand Pesos (Php
500,000.00), as evidenced by a Promissory Note of the same date,
a copy of which is hereto attached as Annex “A”, with the
following terms and conditions:

a. The principal loan obligation shall be payable in ten (10)

monthly installments, with each installment of Fifty
Thousand Pesos (Php 50,000.00) payable on the 15th day of
the month following the execution of the promissory note;

Page 1 of 3
 b. Each installment shall earn an interest of 2% or One
Thousand Pesos (Php 1,000.00), which shall be paid
together with the monthly installment on the 15th day of
the month following the execution of the promissory note;

c. Failure to pay at least one monthly installment, together

with its interest, will render the remaining balance of the
loan obligation immediately due and demandable;

4. On October 15, 2018, the Defendant was able to pay the first
monthly installment of Fifty Thousand Pesos (Php 50,000.00)
together with an interest of One Thousand Pesos (Php 1,000.00)
or a total of Fifty-One Thousand Pesos (Php 51,000.00), as
evidenced by a receipt of the same date issued by the Plaintiff. A
copy of which is hereto attached as Annex “B”;

5. On November 5, 2016, when the second monthly installment

became due and demandable, the Defendant was unable to pay
the monthly installment and its corresponding interest;

6. Upon the Defendant’s failure to pay, a demand letter dated

November 22, 2018 for the payment of the second monthly
installment and its corresponding interest was sent by the
Plaintiff on the same date; however, the Plaintiff’s demand letter
went unheeded. A copy of the first demand letter is hereto
attached as Annex “C”;

7. On December 9, 2018, the Plaintiff sent another letter to the

Defendant informing the latter that the remaining balance of
Four Hundred Fifty Thousand Pesos (Php 450,000.00) and an
interest of Nine Thousand Pesos (Php 9,000.00) is already
immediately due and demandable. A copy of the second
demand letter is hereto attached as Annex “D”;

8. On December 23, 2018, the Plaintiff sent a final demand letter to

the Defendant for the payment of the remaining principal
obligation and interest due; however, the same was ignored by
the Defendant. A copy of the final demand letter is hereto
attached as Annex “E”;

9. Notwithstanding the Plaintiff’s repeated demands, the

Defendant failed and refused to heed to the former’s just and
valid demands, leaving the Plaintiff no other recourse but to
litigate and file this action.

Page 2 of 3
 PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that, after due hearing, judgment be
rendered ordering the Defendant to immediately pay the Plaintiff the
amount of Four Hundred Fifty Thousand Pesos (Php 450,000.00) and
an interest of Nine Thousand Pesos (Php 9,000.00) or a total amount of
Four Hundred Fifty-Nine Thousand Pesos (Php 459,000.00).

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

Manila, Philippines, 31 January 2020.

ATTY. KATHLYNE MIJARES

Counsel for the Plaintiff
Roll of Attorneys No. 1234
IBP No. 1234 /01-03-2020 /Manila
PTR No. 1234 /01-03-2020 /Manila
MCLE Compliance No. V-1234

Copy Furnished:

Hon. Clerk of Court

Branch 28, RTC, City of Manila

Irish Asperga
Defendant
No. 236 Caimito Street,
Lifehomes Subdivision, Manila

Page 3 of 3