REPUBLIC OF THE PHILIPPINES

National Judicial Capital Region

REGIONAL TRIAL COURT
Manila Br 152

Jose San Juan,

Plaintiff,

-versus-
Civil Case No. 00681
Juan Dela Cruz, For: Action for Recovery of Sum of Money
Defendant,
and Damages
X--------------------------------X

DECISION

THERE IS no novel issue in the case before this Honorable Court, it

simply admits of the time-honored adage that no man should be unjustly
enriched at the expense of another.

This case sprung when the opportunistic mind of the defendant of

borrowing an amount of money, to be used in casinos and the “red light”
districts of Manila, unbeknownst to Plaintiff, without any intention whatsoever
of ever repaying the same.

In February 20 2021, Defendant, together with Plaintiff executed a Loan

Agreement1 for the amount of 800,000php. San Juan was led to believe that the
loan proceeds were to be used for business in opening a coffee shop. Being
friends for several years, plaintiff was hoodwinked into acceding to Defendant’s
proposal.

The date for the return or payment of money came and passed, but Dela
Cruz, did not heed the pleas made by San Juan. Facebook messages were
employed by Plaintiff San Juan but to no avail.

On April 1, 2020, San Juan through counsel sent a letter 2 to Dela Cruz,
demanding for the sum of money that was already due him. However,
Defendant Dela Cruz, did not gave any thought to the demand.

Unfortunately, Plaintiff learned from a common friend that Dela Cruz did
not actually used the loan proceeds for opening a coffee shop, but it was instead
gambled away in different casinos and paid for the nightly soirees that
Defendant partook in the "red-light" districts of manila.

1
Loan Agreement executed on February 20, 2020 between Plaintiff and Defendant
2
Demand Letter dated April 1, 2020
 To protect his rights, San Juan now comes to this court for relief.

This Honorable Court awards Plaintiff, Jose San Juan Actual Damages
for the Loan Amount. The Civil Code provides:

“ARTICLE 22. Every person who through an act of

performance by another, or any other means, acquires or comes into
possession of something at the expense of the latter without just or
legal ground, shall return the same to him.”

The acts of Defendant Juan Dela Cruz were attended with bad faith, it is
worthy of debate to be declared criminal. The taking advantage of one’s
familiarity with another, and to cause that person to part away with his property,
being led to believe that it would be used for noble reasons but was instead used
for immoral vices. The wanton disregard for another person’s rights by ignoring
the pleas made by plaintiff constitute bad faith.

WHEREFORE, this court finds Defendant Juan Dela Cruz liable for
actual Damages amounting to 800,000php with 6% legal interest until the
amount has been fully paid, for moral damages in the amount of 500,000,
exemplary damages in the amount of 100,000php, attorney’s fees in the amount
of 100,000php and cost of suit. So Ordered.

This 29th day of March 2021.

Judge Dredd
Presiding Judge
RTC Br 152