REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF MANILA National Capital Judicial Region Banc! """"# Iloilo Cit$
Ale%ande Si&on# Plainti))#
Ci'il Ca&e No( """"" Fo* Collection o) Su+ o) Mone$ ,it! Pa$e o) ,it )o t!e i&&uance o) Peli+ina$ Attac!+ent
-'e&u&-
Juan Ja+eo# .e)endant( %------------------------------------------% COMPLAINT PLAINTIFF# through counsel, most respectfully avers:
(1. (1.)
That That pla plaint intiff, iff, Alex lexand ander Siso Sison n is is a Fil Filipi ipino citi itien en, of of legal age, single and a resident of 111 !i"ertad St. Sampaloc #anila, $hereas, defendant %uan %amero is li&e$ise a Filipino, of legal age, single, and residing at ''' %uan !una St., Tondo #anila, at $hich address the party herein may "e served $ith summons and other court processes
('.)
That on %a %anuary , '* '**+, def defendant "or "orro$ed fro from plaintiff the amount of one million pesos (hp. 1,***,***.**) , $hich inde"tedness is due and paya"le on or "efore %anuary , '**-, $ith an interest at the rat rate of 1' 1' per annu annum m $ith $ithiin one one (1) (1) year ear, in accordance $ith the promissory note executed "y the defendant defendant on the the said date. date. hotostati hotostaticc copy of said said promissory note is attached and mar&ed as Annex /A0 and made as a integral part hereof
(. (.)
That That the the def defen enda dan nt ha has fail failed ed and refu refuse sed d and and stil stilll fail failss and refuses to pay the said inde"tedness on due date, $ith $ith corre corresp spon ondi ding ng inte interes restt ther thereo eon n to the the here herein in plaintiff, despite despite repeated reuests and demands. demands.
(2.)
That the plaintiff served several demands to the defendant, attached is the last demand letter executed on %uly *1, '**- "y the plaintiff as annex /30 and made as an integral part hereof
(4. (4.)
That That the the de defend fendan antt sha shalll pay pay for for the the att attorne orney5 y5ss fee fees an and expenses of litigation in the amount of hp. 64,***.** and a fee of ,*** for every appearance in court, and to pay the cost of this suit
(7.)
That th the pl plaintiff is is $i $illing to to pu put up up a "on "ond fo for the the issuance of a preliminary attachment in an amount to "e fixed "y the court, not exceeding the sum of one million pesos $hich is the plaintiff5s claim herein
Allegations for the Issuance Issuance of for Preliminar Preliminaryy Attachment Attachment
laintiff further states and alleges: (6.)
That l laintiff ha has a va valid an and su sufficient ca cause of of ac action against the herein defendant regarding the collection of sum of money $hich is already due and demanda"le
(+.)
8efendant ha has re removed or or di disposed of of or or is is a" a"out to to remo remove ve or disp dispos osee of her her prop propert erty y, $ith $ith inte intent nt to defraud her creditors there"y rendering nugatory and ineffective $hatever money 9udgment this honora"le court may render in the a"ove entitled case That That the defe defend ndan antt doe doess not not hav havee su sufficie cient sec securit urity y for for the claim sought for the plaintiff against him
(-. (-.)
(1*.)
That the the pl plaintiff is $i $illing to pu put up a "o "ond fo for the the issuance of a preliminary attachment in an amount to "e fixed "y the court, not exceeding the sum of one million pesos $hich is the plaintiff5s claim herein
PRA/ER 0HEREFORE, it is most respectfully prayed of this onora"le ;ourt that pending hearing of this case a $rit of preliminary attachment "e issued against the property of the defendant to serve as security for the
satisf satisfact action ion of any 9udgme 9udgment nt that that may "e recove recovered red herein and that after due hearing on the principal pr incipal cause of this this acti action on,, 9udg 9udgme ment nt "e rend render ered ed agai agains nstt the the defendant for the sum of the follo$ing: (1.)
#anila, hilippines, Septem"er *1, '**-.
MAR/ JO/ S( .EJA.A ;ounsel for the laintiff laintiff 2'1 suite, #a&ati #anila
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1ERIFICATION AN. CERTIFICATION OF NON-FORUM SHOPPING @, Alexander Alexander Sison,Filipino, of legal age, single, after having "een
duly s$orn in accordance $ith la$, deposes deposes and states that: 1. That @ am the the plaintif plaintifff in the the a"oveBst a"oveBstated ated case case '. That @ have have caused caused the preparatio preparation n of the foregoing foregoing compl complaint aint . @ have have read read and unders understoo tood d the allega allegatio tions ns therein therein contain contained ed and and the the same same are are true true and and corr correc ectt of my o$n o$n pers person onal al &no$ledge and "ased on authentic records 2. @ have have not com commence enced d any othe otherr actio ction n or proce roceed ediing involving the same issues in the Supreme ;ourt, the ;ourt of Appeals, or any other tri"unal or agency to the "est of my &no$ledge and "elief, no such action or proceeding has "een filed or is pending "efore the Supreme ;ourt, the ;ourt of Appeals, or other tri"unal or agency that @ should thereafter learn that a similar action or proceeding has "een filed or is pending "efore the Supreme ;ourt , the ;ourt of Appeals, or any other tri"unal or agency, @ under ta&e to report that fact $ithin five (4) days therefrom to this onora"le ;ourt. IN 0ITNESS 0HEREOF, @ have hereunto set my hand this
1st day of Septem"er, '**- in #anila, hilippines.
SisonAlexander Ale%ande Si&on Affiant SSS @8 no. 1'2476 @ssued at: #anila, hilippines @ssued on: %anuary *-, '**7
SUBSCIBE. AN. S0ORN TO "efore me this 1st day of Septem"er, '**-, in #anila after sho$ing to me his competent evidence of identity indicated "elo$ his name. I HEREB/ CERTIF/ that @ personally examined the affiant and @ am satisfied that she voluntarily executed and understood his declaration on the place and date a"ove $ritten.
ATT/( ATT/( MAR/ JO/ S( .EJA.A .EJA. A otary u"lic ;ommission o.**124 #y ;ommission expires on 8ecem"er 1,'**+ ?ntil 1 8ecem"er '**+ !a$ office office address: %aro, @loilo ;ity ;ity =oll of Atty.5s o.: *+776 T= o. +-6+-6+ @ssued on 8ecem"er '7, '**4 @ssued at @loilo ;ity, ;ity, hilippines @3 o.+6-+6@ssued on 8ecem"er '-, '**4 @ssued "y: @3B@loilo ;hapter #;!> ;ompliance o1B*****77 8ate @ssued: %anuary , '**7 8oc. o( 2" age o3 3oo&. o( I Series of '**8ate and Time otaried: CCCCCCCCCC
/A>D A0
=<#@SS<=E ANNE4 5A6
romissory ote
%anuary *, '**+ #anila, hilippines
P!p( 2#777#777(77
For value @ received, @ promise to pay to the order of Alexander Sison the sum of
JJamero JJamero %uan %amero
/A>D 30
.EJA.A AN. ASSOCIATES ASSOCIATES
La,$e& and Nota$ Pu8lic 9:32 &uite# Ma;ati Manila# P!ilippine&
.EMAN. LETTER
%uly *1, '**-
#r. %uan %amero ''' %uan !una St., Tondo, #anila
8ear Sir:
ATT/( MAR/ JO/ S( .EJA.A .EJA .A Counsel for the Plaintiff
