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Republic of the Philippines

Regional Trial Court
Branch 609
Marikina City

National Bank of Angeles, Inc. (“NBAI”),

Plaintiff

Civil Case No. _____________

FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
- versus -

Anthony James,
Defendant
x -----------------------x

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court,

hereby respectfully avers:

1. The plaintiff National Bank of Angeles, Inc. (“NBAI”) is a

domestic corporation duly organized and existing under and by virtue of
Philippine laws, represented by their Collection’s Officer Katya Garci,
with principal office at 24th Floor Zuellig Building, Makati Ave. corner
Paseo de Roxas Ave, Philippines where summons and court processes may
be served;

2. The defendant Anthony James (“James”), single, a resident of

123 Lakers Road, Antipolo, Rizal where he may be served with summons
and other court processes;

2. That on 01 January 2020, the defendant borrowed from the plaintiff

through its authorized representative May Bush, at the company’s principal
office, a sum of money amounting to Ten Million Pesos (PhP10,000,000.00)
with an agreed interest of 20% interest per month as evidenced by the
Contract of Loan herein attached as Annex “A” and form an integral part of
this complaint;

3. That the defendant on the same transaction, further issued a

Promissory Note promising to pay the plaintiff Twelve Million Pesos
(PhP12,000,000.00) corresponding to the amount of the loan plus interest. It
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is also indicated therein that the payment will be made by installments

through a series of Twelve (12) post-dated Bank of the Philippine Islands
checks with a face value of One Million Pesos (PhP1,000,000.00) that are
demandable every first of the month starting from July 1st 2020 ending on
June 1st 2021. The Promissory Note is attached herein as Annex “B” and the
Twelve (12) post-dated checks are attached herein as Annex “B1-B12”
respectively;

3. That when Check Nos. 00001, 00002, 00003 were deposited on

July 1 , August 1st, September 1st 2020 respectively, at the Bank of the
st

Philippine Islands Rufino Tower Branch in Makati, all of them were

returned due to insufficiency of funds;

4. That despite plaintiff's repeated demands, both written and verbal,

defendant failed, neglected and refused to fulfill his obligations without just
and valid grounds to the continued damage and prejudice of the plaintiff, as
evidenced by the Notice of Dishonor and Demand for Payment attached
herein as Annex “C”;

5. That due to the continuous failure of the defendant to make good of

his obligation the whole amount of Twelve Million Pesos
(PhP12,000,000.00) the whole amount of the loan including the interest
became due and demandable as stipulated in Item Number 68 1st Paragraph
in their loan contract.

6. 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
Twenty Thousand Pesos (PhP 20,000.00) per hearing as evidenced by
Annex “D” – Contract for Legal Services;

7. That the plaintiff has paid for litigation expenses amounting to

Twenty Thousand Pesos (PhP 20,000.00) as evidenced by Annex “E” –
Official Receipt;

WITNESS TO BE PRESENTED

1. May Bush – as to the factual circumstances surrounding the loan

transaction with Anthony James and the delivery of the Notice of
Dishonor and Demand Payment to the same. Attached herein is her
Judicial Affidavit is attached herein as Annex “F” and shall form part
of this pleading.

WHEREFORE, premises considered, it is hereby respectfully prayed

before the Honorable Court to render decision in favor of the plaintiff and
order the defendant to pay the following:
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a. the sum of Twelve Million Pesos (PhP 12,000,000.00)

corresponding to the amount of the loan plus interest as stipulated
in the Loan Contract and the Promissory Note;

b. attorney’s fees amounting to One Hundred Thousand Pesos (PhP

100,000.00) and an appearance fee of Twenty Thousand Pesos
(PhP 20,000.00) per hearing.

c. litigation expenses amounting to Twenty Thousand Pesos (PhP

20,000.00).

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

Makati City, October 23, 2020.

ATTY. ARON GERARD M. PANTURILLA

Counsel for Petitioner
PANTURILLA LAW OFFICE, Pembo, Makati City
Roll of Attorneys No. 619629
PTR NO. 123134, 01/06/17, Makati City
IBP NO. 123456, 01/04/17, Makati City
MCLE Comp. No. IV-0006976, 01/02/17
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REPUBLIC OF THE PHILIPPINES)

) SS.
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VERIFICATION AND CERTIFICATION

I, Katya Garci, of legal age, Filipino, single, and a resident of Room

626 24th Floor Zuellig Building, Makati Ave. corner Paseo de Roxas Ave,
after being sworn in accordance with law, hereby depose and say:

(1) That I am the legal representative of the plaintiff in the above-

entitled case;

(2) That I have caused the preparation of the above Complaint and I
have read the same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my
own personal knowledge and based on authentic documents.

(4) That the complaint is not filed to harass, cause unnecessary delay,
or needlessly increase the cost of litigation.

(5) The factual allegations therein have evidentiary support or, if

specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.

(6) That I further certify that: I have not theretofore commenced any
other action or proceeding or filed any claim involving the same
issues or matter in any court, tribunal, or quasi-judicial agency and,
to the best of my knowledge, no such action or proceeding is
pending therein; if I should thereafter learn that the same or similar
action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or quasi-judicial
agency, I undertake to report such fact within five (5) days therefrom
to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 23 day

of October 2020 at Makati City, Philippines.

Katya Garci
Collections Officer
National Bank of Angeles, Inc.
Affiant
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SUBSCRIBED AND SWORN to before me, this 23rd day of October 2020,
affiant exhibiting to me her Tax Identification Card with a card number TIN
14342-003 as a competent evidence of his identity.

ATTY. GWEN TAYLOR

Notary Public
Until December 31 2020
Roll of Attorney No. 123134
IBP No. 2313133
PTR No. 42552
Issued at Makati City
On January 12, 2020
DOC No. 3
Page No. 9
Book. No. 3
Series of 2020
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SECRETARY’S CERTIFICATE

I, MAUI K. SANTOS, of legal age, with residential address at Rm.

18 VVA HB Condominium Sta. Mesa St. Santa Mesa Manila, after having
been sworn to in accordance with law, do hereby depose and state:

I am the Corporate Secretary of National Bank of Angeles, Inc., a

corporation duly organized and existing under and by virtue of the laws of
the Philippines with the principal business address at 24th Floor Zuellig
Building, Makati Ave. corner Paseo de Roxas Ave;

At a Special Meeting of the Board of Directors wherein a quorum was

present, the following resolution was unanimously approved and adopted to
wit:

“RESOLVED AS IT IS HEREBY RESOLVED, that

Katya Garci, the company’s Collections Officer, is
authorized to represent the company in the civil case
before the Regional Trial Court of Makati entitled
National Bank of Angeles, Inc.vs Anthony James, for
and in behalf of the corporation with full and special power
and authority to do and perform whatever she may deem
necessary, in defending the case before the Trial Court,
Court of Appeals and any other Court and Quasi-Judicial
Body including but not limited to causing the preparation
and filing of Complaints, Appeal, other pleadings, motions
and other papers, verifying the allegations therein,
executing the affidavits or sworn statements, giving
testimonies, and making certifications against forum
shopping”.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed

my signature this 22nd day of October 2020, at the City of Makati.

MAUI K. SANTOS
Corporate Secretary
National Bank of Angeles,
Inc.
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SUBSCRIBED AND SWORN to before me, this 22nd October at

Makati City, affiant exhibited to me her Driver’s License with License
#010002200 issued on January 10, 2019 at Manila, Philippines.

ATTY. GWEN TAYLOR

Notary Public
Until December 31 2020
Roll of Attorney No. 123134
IBP No. 2313133
PTR No. 42552
Issued at Makati City
On January 12, 2020
DOC No. 4
Page No. 9
Book. No. 3
Series of 2020