Republic of the Philippines

Third Judicial Region

REGIONAL TRIAL COURT
City of Malolos, Bulacan
Branch ____

MACKY MARIA SANTOS FLORES,

Plaintiff

-versus-
Civil Case No.: ________________
For: Collection of Sum of Money

EDWARD JACOB MERCADO and

CHARITY RUTH O. IGNACIO,
Defendants.
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COMPLAINT
COMES NOW, Plaintiff, by and through the undersigned
counsel, and unto the Honorable Court, most respectfully states,
thus:

PARTIES

1. Plaintiff is a Filipino, of legal age, and with residence at

Block 12, Lot 33, Phase 3, Casabuena, Cutcot, Pulilan, Bulacan,
where she may be served with notices and other processes
from and by the Honorable Court.

2. On the other hand, Defendants are also Filipinos, of

legal age, live-in partners, and with last known address at Unit
318, Block 23, GSIS Metrohomes, Pureza St., Sta. Mesa, Manila,
where he may be served with summons, notices and other
processes from and by the Honorable Court.

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

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 3. Plaintiff and Defendant Charity met through an online
community, where they eventually became friends.
4. In 2019, Defendants obtained a loan from the Plaintiff in
the aggregate amount of Six Hundred Twenty-One Thousand
Two Hundred Thirty-Five Pesos (P621,235.00). As supposed
payment thereto, Defendant Charity issued checks in favor of
the Plaintiff summarized as follows:

Account No.: 8370-0134-98

Account Name: CHARITY RUTH O. IGNACIO
Issuing Bank: Bank of the Philippine Islands
Bank Branch: 30th Street BGC

CHECK NO. DATE AMOUNT ATTACHED AS

0593333 08/30/19 77,575.00 ANNEX “A”
0593334 08/30/19 15,750.00 ANNEX “A-1”
0593267 08/30/19 15,000.00 ANNEX “A-2”
0593335 09/15/19 15,750.00 ANNEX “A-3”
0593268 09/15/19 15,000.00 ANNEX “A-4”
0593269 09/30/19 15,000.00 ANNEX “A-5”

Account No.: 1085-700003857

Account Name: CHARITY RUTH O. IGNACIO
Issuing Branch: Philippine National Bank
Bank Branch: Q.C. Tandang Sora

CHECK NO. DATE AMOUNT ATTACHED AS

2000000027 10/1/19 467,160.00 ANNEX “A-6”

5. Unfortunately, all these checks were dishonored by

the bank upon presentment for the reason, “DAIF” or Drawn
Against Insufficient Funds.

6. Left with no other recourse, Plaintiff repeatedly

demanded the payment for the loan but to no avail, hence, on 08
November 2019, Plaintiff and Defendants met to formalize the
loan by executing a Memorandum of Agreement (“MOA”), a copy
of which is hereto attached as Annex “B”.

7. The subject MOA is an embodiment of the

agreements agreed upon by both parties, including the total
amount of the loan in the total sum of SIX HUNDRED NINETY

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THREE THOUSAND SIX HUNDRED PESOS (P693,600.00) including
agreed interest.

8. Upon the execution of the MOA, the Defendants paid

the Plaintiff the total amount of Eighty Thousand Pesos
(P80,000.00) in cash, and further paid, in tranches, the total
amount of Sixty Thousand Pesos (P60,000.00), leaving a balance of
Five Hundred Fifty Three Thousand Pesos (P553,600.00), as
illustrated hereunder:

LOAN as per MOA date 11/08/19: P693,600.00

(less) Payment 11/08/19 (P80,000.00)
(less) Sum of the Staggered Payment (P60,000.00)
OUTSTANDING BALANCE P553,600.00

9. Due thereto, Plaintiff, through counsel, sent a demand

letter to the Defendants dated 7 August 2020, a copy of which is
hereto attached as Annex “C”, demanding the payment
corresponding to the total outstanding balance.

10. Instead of acceding to the legal and lawful demands

of the Plaintiff, the Defendant sent a letter to the Plaintiff’s
counsel, a copy of which is hereto attached as Annex “D”,
evidencing receipt of the Demand Letter and acknowledging the
obligation.

11. To date, the total outstanding obligation remains

unpaid, causing moral damages to the Plaintiff, to which she must
be held civilly liable.

CAUSES OF ACTION

FIRST CAUSE OF ACTION

Actual and Compensatory Damages

12. Plaintiff repleads the foregoing allegations.

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 13. Considering the foregoing, it is very clear that the
Defendant must be made to pay the Plaintiff the total amount of
FIVE HUNDRED FIFTY THREE THOUSAND PESOS (P553,600.00),
representing the total amount of the remaining loan.

SECOND CAUSE OF ACTION

Exemplary Damages

14. Plaintiff repleads the foregoing allegations.

15. As an example to others and correction for the public

good and so as like-minded individuals as Defendants do not
escape their civil liabilities, exemplary damages must also be
assessed against Defendants in the sum of at least ONE
HUNDRED THOUSAND PESOS (P100,000.00).

THIRD CAUSE OF ACTION

Moral Damages

16. Plaintiff repleads the foregoing allegations.

17. Due to Defendant’s refusal to heed the just and valid

claims of the Plaintiff, the latter suffered sleepless nights,
anxiety and besmirched reputation, to which he must be entitled
of Moral Damages in the sum of at least ONE HUNDRED
THOUSAND PESOS (P100,000.00).

FOURTH CAUSE OF ACTION

Attorney’s Fees

18. Plaintiff repleads the foregoing allegations.

19. Due to said acts of Defendant herein complained of

and in order to enforce her plainly just and valid claims, and to
protect her rights and interests, Plaintiff was compelled and
constrained to litigate and incur costs and is entitled to FIFTY
THOUSAND PESOS (P50,000.00) as and by way of Acceptance Fee

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and FOUR THOUSAND PESOS (P4,000.00) per hearing as and by
way of Appearance Fee, and the COST OF THIS SUIT.
COMPLIANCE WITH RULE 7, SECTION 6 OF THE 1997
RULES OF CIVIL PROCEDURE AS AMENDED BY
A.M. 19-10-20 SC

20. As and by way of compliance with Rule 7, Section 6 of

the 1997 Rules of Civil Procedure as amended by A.M. No. 19-10-20
SC, Plaintiff hereby submits the following:

MACKY MARIA SANTOS FLORES –

Ms. Flores will testify on the fact
that the Defendants obtained loan
from the Plaintiff in the amount
NAMES OF WITNESSES AND herein specified. She will also
SUMMARY OF INTENDED testify that the Defendants failed
TESTIMONIES to settle the remaining obligations
despite repeated demands and
that she suffered moral damages
as a result thereof.
_____________________________ _____________________________________
1. Checks issued by the
Defendants as proof of their
indebtedness which were
eventually dishonored by the
banks for the reason, “DAIF”,
hereto attached as ANNEXES “A”
to “A-6”;

DOCUMENTARY AND 2. Memorandum of Agreement

OBJECT EVIDENCE IN dated 8 November 2019 - ANNEX
SUPPORT OF THE “B”;
ALLEGATIONS CONTAINED
IN THE COMPLAINT 3. Demand Letter dated 7
August 2020 – ANNEX “C”;

4. Electronic mail message sent

by the Defendant to the Plaintiff’s
counsel dated 9 August 2020 –
ANNEX “D”.

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 5. Judicial Affidavit of the
Plaintiff – ANNEX “E”

21. Finally, Plaintiff, through counsel, is amenable to

delivery and receipt of orders, pleadings and other court
submissions through electronic mail and other forms of electrical
means as provided for by the 1997 Rules of Court, as amended
by A.M. No. 19-10-20 SC, and as may be allowed by the Honorable
Court.

RELIEF

WHEREFORE, premises considered, it is most respectfully

prayed unto the Honorable Court that after appropriate
proceedings, judgment be rendered as follows:

1. Ordering Defendants, severally and jointly,

to pay Plaintiff the amount of FIVE HUNDRED FIFTY
THREE THOUSAND PESOS (P553,600.00), representing
the total amount of the remaining loan, as and by way
of Actual and Compensatory Damages;

2. Ordering Defendants, severally and jointly,

to pay Plaintiff the amount of ONE HUNDRED
THOUSAND PESOS (P100,000.00), as and by way of
Exemplary Damages;

3. Ordering Defendants, severally and jointly,

to pay Plaintiff the amount of ONE HUNDRED
THOUSAND PESOS (P100,000.00), as and by way of Moral
Damages;

4. Ordering Defendants, severally and jointly,

to pay Plaintiff the amount of FIFTY THOUSAND PESOS
(P50,000.00), as and by way of Acceptance Fee plus
FOUR THOUSAND PESOS (P4,000.00) per hearing as and
by way of Appearance Fee.

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 5. Ordering the Defendant to pay the cost of
this suit.

Such other relief and remedies as may be available under

the circumstances are likewise prayed for.

RESPECTFULLY SUBMITTED.
Balagtas, Bulacan for the City of Malolos, Bulacan.

Assisted By:

RAMOS LAW OFFICE

Counsel for the Plaintiff.
Level 2, Suite 3 Jesus Austria Bldg.,
Wawa, Balagtas, Bulacan
E-mail Address: ferdie_ramos@yahoo.com
lawofficeaga@gmail.com
Tel No. (044) 308.4504

For the firm:

ATTY. FERDINAND H. RAMOS, CPA, MBA

Roll No. 70451
PTR No. 4272892; 01.03.20 at Balagtas, Bulacan
IBP No. 105464
MCLE No. VI-0007316; 04.12.2018, valid until 04.14.2022

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