REPUBLIC OF THE PHILIPPINES 7th JUDICIA JUDICIAL L REGION REGION MUNI MU NICI CIPA PAL L TRIA TRIAL L CO COUR URT T IN CITI CITIES ES
City of Cebu, Branch ____ JUAN A. DELA CRUZ, Plaintiff, - versus -
CIVIL CASE NO. ________________ For: Collection of a sum of money and Damages
PEDRO A. SANTOS, Defendant. x---------------------------/ COMPLAINT
PLAI PLAINT NTIF IFF, F, by unde unders rsig igne ned d coun counse sel, l, unto unto the the Hono Honora rabl blee Cour Court, t, respectfully alleges THAT: 1.
PLAI PLAINT NTIF IFF F is a a Filip Filipin ino o citiz citizen en,, of legal legal age, age, marri married ed and with with residence residence at No. 38, Gorordo Gorordo Avenue, Avenue, Barangay Barangay Kamputhaw, Kamputhaw, Cebu City, where he may be served with orders and processes of this Honorable Court;
2.
DEFEND FENDAN ANT T is a Filip ilipiino citi citize zen, n, of lega legall age age, marri arried ed and and residing at No. 826-C, D. Jakosalem Street, Barangay Parian, Cebu City, where he may be served with orders and processes of this Honorable Court;
3.
On Sept Septem ember ber 15, 15, 2016, 2016, the Defe Defend ndan antt obtai obtaine ned d a loan loan from from the the Plain lainttiff iff in the the sum sum of One One Hundr undred ed Fift Fifty y Thous housan and d Peso Pesoss (Php150,000.00), as evidenced by a Promissory Note of the same date, a copy of which is hereto attached as Annex “A”, with the below terms and conditions: a. The princi principal pal loan obliga obligatio tion n shall shall be payabl payablee in three three monthly monthly instal installm lments ents,, with with each each instal installm lment ent of Fifty Fifty Thousa Thousand nd Pesos Pesos (Php50,000.00) payable on the 15th day of the month following the execution of the promissory note;
1
b. Each installment shall earn an interest of 2.5% or One Thousand Two Hundred and Fifty Pesos (Php1,250.00), which shall be paid together with the monthly installment on the 15 th day of the month following the execution of the promissory note; c. Failure to pay at least one monthly installment, together with its interest, will render the remaining balance of the loan obligation immediately due and demandable. 4.
On October 15, 2016, the Defendant was able to pay the first monthly installment of Fifty Thousand Pesos (Php50,000.00) together with an interest of One Thousand Two Hundred and Fifty Pesos (Php1,250.00), or a total of Fifty-One Thousand Two Hundred and Fifty Pesos (Php51,250.00), as evidenced by a receipt of the same date issued by the Plaintiff. A copy of which is hereto attached as Annex “B”;
5.
On November 15, 2016, when the second monthly installment became due and demandable, the Defendant was unable to pay the monthly installment and its corresponding interest;
6.
Upon the Defendant’s failure to pay, a demand letter dated November 22, 2016 for the payment of the second monthly installment and its corresponding interest was sent by the Plaintiff on the same date; however, the Plaintiff’s demand went unheeded. A copy of the first demand letter is hereto attached as Annex “C”;
7.
On December 9, 2016, the Plaintiff sent another letter to the Defendant informing the latter that the remaining balance of One Hundred Thousand Pesos (Php100,000.00) and an interest of Two Thousand Five and Hundred Pesos (Php2,500.00) or a total amount of One Hundred Two Thousand and Five Hundred Pesos (Php102,500.00) is already immediately due and demandable. A copy of the second demand letter is hereto attached as Annex “D”;
8.
On December 23, 2016, a final demand letter was sent by the Plaintiff for the payment of the remaining principal obligation and interest due; however, the same was ignored by the Defendant. A copy of the final demand letter is hereto attached as Annex “E”;
9.
Notwithstanding the Plaintiff’s repeated demands, the Defendant failed and refused and still fails and refuses to heed to the former’s
2
just and valid demands, leaving the Plaintiff no other recourse but to litigate and file this action; 10. By virtue of this action, the Plaintiff was constrained to engage the services of counsel to whom he is bound to remunerate by way of attorney’s fees in the sum of Twenty Five Thousand Pesos (Php25,000.00); 11. The unjust and intentional refusal of the Defendant to pay his overdue obligation resulted in Plaintiff’s failure to comply with his own obligations, causing serious anxiety and besmirched reputation on the part of the Plaintiff; thus, the Plaintiff is entitled to an award of moral damages in the amount of Twenty Thousand Pesos (Php20,000.00); 12. By reason of the Defendant’s violation and disregard of the Plaintiff’s rights, the award of exemplary damages in the amount of Twenty Thousand Pesos (Php20,000.00) is likewise warrant to serve as a deterrent to the commission by the Defendant, 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 in favor of the Plaintiff and against the Defendant in this manner: 1.
Ordering the Defendant to immediately pay the Plaintiff the amount of One Hundred Thousand Pesos (Php100,000.00) and an interest of Two Thousand Five and Hundred Pesos (Php2,500.00) or a total amount of One Hundred Two Thousand and Five Hundred Pesos (Php102,500.00);
2.
Ordering the Defendant to pay a Ordering the Defendant to pay Attorney’s fees of not less than Twenty Five Thousand Pesos (Php25,000.00);
3.
Ordering the Defendant to pay moral damages in the amount of Twenty Thousand Pesos (Php20,000.00);
4.
Ordering the Defendant to pay exemplary damages in the amount of Twenty Thousand Pesos (Php20,000.00); and
3
5.
Ordering the Defendant to pay the cost of suit.
Other just and equitable reliefs are also prayed for. Cebu City, January 18, 2017.
PABUAYA & SANTOS LAW OFFICE Counsel for the Plaintiff Room 204, CRM Building, Escario cor. Molave Sts., Lahug, Cebu City 6000 Telephone Number: (032) 253-1890 to 91 Fax Number: (032) 253-1892 E-mail Address:
[email protected] By:
ATTY. CRISTIE PEARL O. PABUAYA Roll No. 374435 IBP No. 827847, 01/04/17, Cebu City PTR No. 576784, 01/04/17, Cebu City MCLE Compliance No. V-0008811 Telephone No. (032) 253-1890 local 101 E-mail Address:
[email protected]
ATTY. MARIA EMMA C. SANTOS Roll No. 383325 IBP No. 8448436, 01/05/17, Cebu City PTR No. 599013, 01/05/17, Cebu City MCLE Compliance No. V-0008815 Telephone No. (032) 253-1890 local 102 E-mail Address:
[email protected]
4
