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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 16, Davao City

LUKE DEIDER,
Plaintiff

-versus- CIVIL CASE NO. _____


For: Collection of a Sum of
Money with Damages
ARIANNE SANTOS and
SURIGAO ISLAND SALES
CORPORATION (SISC),

Defendant.

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COMPLAINT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable


Court, respectfully alleges:

1. That Plaintiff is of legal age, American, a resident of 1016


Condominium, Luzon Avenue, Davao City, Philippines;

2. That Defendant, Arianne Santos, is likewise of legal age,


Filipino, President of Surigao Island Sales Corporation (SISC) with
principal office address at Hinatuan, Surigao del Sur, Philippines
where summons and court processes may be served;

3. That Defendant, Surigao Island Sales Corporation


(hereinafter “SISC”) is a domestic corporation duly organized and
existing under Philippine laws with principal office address at
Hinatuan, Surigao del Sur, Philippines per last General Information
Sheet filed with the Securities and Exchange Commission where
summons and court processes may also be served;

4. That on February 23, 2010, the defendant, ARIANNE for


brevity through her sister Rona, affirmed and confirmed that plaintiff is
a creditor of SISC for a sum of money amounting to Twenty-five
Million Four Hundred Thousand Pesos (PhP 25,400,000.00),

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among others, and made an undertaking through the execution of a
Promissory Note in favor of plaintiff to secure the latter's creditor
position in SISC. This promissory note is to be the joint obligation of
SISC and the defendant;

5. That in recognition of defendant’s SISC obligation in favor


of the plaintiff, the former through Rona executed a Promissory Note
in favor of the plaintiff on May 3, 2010, a copy of the promissory note
is hereto attached as Annex “A”;

6. That as shown in the promissory note, the obligation will


be due and demandable one year from its execution and said
obligation is also to be interest-bearing at 25%per annum;

7. That after the lapse of one year from its execution, no


payment was made to the plaintiff;

8. That plaintiff sent separate letters to the defendants


containing the demand for the payment of its obligation, copies of
which are hereto attached as Annex “B”;

9. That notwithstanding plaintiff's repeated demands, both


written and verbal, defendants failed, neglected and refused to fulfill
its obligations without just and valid grounds to the continued damage
and prejudice of plaintiff, leaving no other recourse but to litigate and
file this action;

10. That defendants have, as of this date, defaulted in the


payment of an aggregate amount of Sixty-nine Million Eight
Hundred Fifty Thousand Pesos (PhP 69, 850,000.00);

11. That the plaintiff in order to enforce his rights and


interests, has sought the services of a legal counsel with attorney’s
fees amounting to One Hundred Thousand Pesos (PhP
100,000.00) and an appearance fee of Five Thousand Pesos (PhP
5,000.00) per hearing;

12. That the plaintiff has paid for litigation expenses


amounting already to One Million Five Hundred Thousand Pesos
(PhP 1, 500, 000.00)

13. That by reason of defendant’s unjustified acts as well as


bad faith and intentional refusal to pay his overdue obligation, Plaintiff
is entitled to the award of moral damages in the amount of Fifty
Thousand Pesos (PhP 50,000.00);

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14. That by reason of defendant’s violation and disregard of
Plaintiff’s rights, the award of exemplary damages in the amount of
Fifty Thousand Pesos (PhP 50,000.00) is likewise prayed for to
serve as a deterrent to the commission by the defendants and to
others similarly-minded of similar acts in the future.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most


respectfully prayed of this Honorable Court that, after due hearing,
judgment be rendered against the defendant ordering the latter to pay
the plaintiff as follows:

1. The amount of TWENTY-FIVE MILLION FOUR


HUNDRED THOUSAND PESOS (P25,400,000.00) representing the
unpaid principal obligation as evidenced by the Promissory Note duly
executed dated May 3, 2010;
2. The amount of FORTY-FOUR MILLION FOUR
HUNDRED FIFTY PESOS (P44,450,000.00) representing the interest
of 25% per annum as evidenced also by the Promissory Note duly
executed dated May 3, 2010;

3. The amount of FIFTY THOUSAND PESOS (PhP


50,000.00) as and by way of moral damages;

3. The amount of FIFTY THOUSAND PESOS (PhP


50,000.00) as and by way of exemplary damages;

4. Litigation Expenses amounting to ONE MILLION FIVE


HUNDRED TWENTY THOUSAND PESOS (PhP 1, 500,000.00)

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

Davao City, December 29, 2019.

DOROTHY DEA T. BOLOFER


Counsel for the Plaintiff
Pryce Tower, Pryce Business Park, JP. Laurel Avenue, Davao City
Roll No.: 88888
IBP No.: 199488
All dated: June 20, 2019
MCLE Compliance No.: 14-28072017
Telephone No. : (069) 888-8080, Fax No.: (069) 888-8080
Email-address: attyddtbolofer@gmail.com

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VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING

I, LUKE DEIDER, American, a resident of 1016 Condominium,


Luzon Avenue, Davao City, Philippines after having been duly sworn
in accordance with law depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the foregoing Complaint


and I have read the allegations therein and certify that the same are
true and correct of my own personal knowledge;

3. That I further certify that I have not commenced any other


action involving the same issues before the Supreme Court, Court of
Appeals or any division thereof or any tribunal or agency; and to the
best of my knowledge no such action is pending before the Supreme
Court, Court of Appeals or any division thereof or any tribunal or
agency;

4. That in the event that any action involving the same should
be made known, I hereby bind myself to report the same within five
(5) days from knowledge thereof to this Honorable Court.

WITNESS WHEREOF, I hereunto set my hand this 29th day of


December, 2019 at Davao City, Davao del Sur, Philippines.

LUKE DEIDER
Plaintiff

SUBSCRIBED AND SWORN TO before me this 29th day of


December, 2019 at Davao City, affiant having exhibited to me his
Driver’s License with No. 101014178 issued on 04-21-19 at Davao
City.

NOTARY PUBLIC

Doc. No._____
Page No. ____
Book No. _____
Series of _____

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