Republic of the Philippines

REGIONAL TRIAL COURT

9
TH
Judicial Region
Branch 2
Zamboanga City


MARIA Q. MERCEDES Civil Case No. 123456
Plaintiff,
-for-

Versus For: Collection of Sum of Money
with damages

PEDRO J. SANTOS,
Defendant.
X --------------------------------------------- X

C O M P L A I N T


COMES NOW, Plaintiff through undersigned counsel and unto this
Honorable Court most respectfully states that:


PARTIES
1. The Plaintiff, MARIA Q. MERCEDES, is of legal age, a Filipino citizen
and a resident of Sta. Maria, Zamboanga City, Philippines;

2. The Defendant, PEDRO J. SANTOS, is of legal age, a Filipino citizen
and a resident of Baliwasan, Zamboanga City, Philippines where he
may be served with summons and other processes of this Honorable
Court;

3. The Defendant, PEDRO J. SANTOS, is the erstwhile business partner
of the defendant from year 2009 to 2013;

STATEMENT OF FACTS

4. Plaintiff is suing Defendant for Collection of Sum of Money with
Damages;

5. Plaintiffs cause of action arose from the fact that Defendant borrowed
money from Plaintiff the total sum of One Million (P1,000,000.00)
Pesos, Philippine Currency, between the period of January 2014 up
and until March 2014;

6. That On January 3, 2014, Defendant borrowed money from the
Plaintiff with the amount of Seven Hundred Thousand (P700,000.00)
Pesos, Philippine Currency with the condition that Defendant will pay
said amount with the interest of THREE (3%) PERCENT per month
payable on or before April 3, 2014 both the principal and interest. The
said amount will be used by the Defendant as staring capital for a
restaurant business. An evidence of said agreement, and in
connection therewith, is the Promisory Note executed by the
Defendant and Plaintiff, and which is hereto attached as Annex A,
and made and integral part hereof;

7. On March 1, 2014, Defendant again borrowed another Two Hundred
Thousand (P200,000.00) Pesos, Philippine Currency which the
Plaintiff released without being reduced into writing as a matter of
Plaintiffs trust and confidence on Defendant ,and subsequently
borrowed on March 11, 2014 another One Hundred Thousand
(P100,000.00) Pesos, Philippine Currency amounting to a total of
Three Hundred Thousand (P300,000.00) Pesos, Philippine Currency,
that Defendant promised to pay on or before April 3, 2014;

8. The sum of money which the defendant borrowed from Plaintiff was
intended for the payment of the printing of the business promotional
materials with the total sum of Three Hundred Thousand (P300,
000.00) Pesos, Philippine Currency which the Defendant assured and
promised to pay on or before April 3, 2014.

9. Plaintiff on April 3, 2014 received a phone call from Defendant saying
that he would be paying part of his debt but Defendant did not pay.

10. Plaintiff made several verbal and written demands on Defendant but
the same failed and refused and continuously failed and refused to
settle his obligation causing undue damage on the latters person.

11. Plaintiff then filed a complaint with the Barangay of Sta. Maria, this
city for the possibility of amicable settlements, but the same proved
futile. Consequently, the Pangkat issued a Certificate to File Action
dated April 10, 2014.

FIRST CAUSE OF ACTION
12. Because of Defendants continuous refusal to pay his obligation,
Plaintiff demands the defendant to pay the total amount of One
Million (P1, 000,000.00) Pesos, Philippine Currency. First the amount
of Seven Hundred Thousand (P700, 000.00) Pesos, Philippine
Currency borrowed on January 3, 2014. Second the amount of Two
Hundred Thousand (P200, 000.00) Pesos, Philippine Currency
borrowed on March 1, 2014. Lastly the amount of One Hundred
Thousand (P100,000.00) Pesos, Philippine Currency borrowed on
March 11, 2014

SECOND CAUSE OF ACTION
13. Plaintiff, also demands the defendant to pay the interest incurred
amounting to Sixty-three Thousand (P63,000.00) Pesos;

THIRD CAUSE OF ACTION
14. Plaintiff suffered from depression and anxieties which warrants the
recovery of moral damages;

15. Plaintiff is also entitled to exemplary damages by way of example in
addition to compensatory damages by reason of evident bad faith and
the wanton, fraudulent, oppressive and malevolent refusal of
Defendant to settle his obligation with herein Plaintiff;

16. As a result of Defendants breach of obligation to pay his
indebtedness, Plaintiff was constrained to secure the services of
counsel to protect her interest and to file this Complaint, for which
she was obliged to pay in the amount of Fifty Thousand (P50,000.00)
Pesos, Philippine Currency by way of Attorneys fees and cost of
litigation in the amount of Thirty Thousand (P30,000.00) Pesos,
Philippine Currency and Appearance Fees in the amount of Two
Thousand (P2,000.00) Pesos, Philippine Currency per appearance
before the court;

PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court that
after due notice and hearing judgment be rendered as follows:
1. Upon the first cause of action, ordering the defendant to pay the
plaintiff the principal amount as part of the obligation in the total
amount of One Million (P1,000,000.00), Pesos, Philippine Currency;

2. Upon the second cause of action, ordering the defendant to pay the
plaintiff the interest incurred in the total amount of Sixty-three
Thousand (P63,000.00) Pesos, Philippine Currency;

3. Upon the third cause of action, sentencing the defendant to pay
plaintiff the sum of Fifty Thousand (P50, 000.00) Pesos, Philippine
Currency as Attorneys Fees, Thirty Thousand (P30, 000.00) Pesos,
Philippine Currency as Cost of Litigation and Appearance Fee in the
amount of Two Thousand (P2,000.00) Pesos, Philippine Currency.

4. Other just and equitable relief.
Plaintiff further prays for such other reliefs as may be just and equitable
in the premises.
City of Zamboanga, Philippines, 15 April 2014.




ATTY. WALDEMAR B. JOHASAN
Counsel for the Plaintiff
Johasan Law Office
Rm 101, 16/F, MEC Bldg.
La Purisima St., Zamboanga City
PTR No. 0987456 01/04/2014
IBP No. 123456 01/04/2014
At Zamboanga City
Roll No. 12345; Page 123; Book XI
MCLE Compliance No. II-0021816-02/02/2012
MCLE Compliance No. III-0000517-05/15/2013
MCLE Compliance No. IV-0588521-1/15/2014


Republic of the Philippines)
City of Zamboanga . . . . . .) s.s
X . . . . . . . . . . . . . . . . . . . )

VERIFICATION / CERTIFICATION
I, MARIA Q. MERCEDES, of legal age, Filipino citizen, and a resident of
Sta. Maria, Zamboanga City, Philippines after having been duly sworn to in
accordance with law hereby depose and state that:
1. I am the Plaintiff of the above-entitled Case for Collection of Sum of
Money with Damages and that I have caused of the foregoing complaint;

2. I have read and understood the contents thereof and the same is true
and correct based on my personal knowledge and authentic records.

3. I hereby certify that I have not initiated any action or proceeding
involving the same party, the same subject matter and/or the same
issues as in this Complaint with the Supreme Court, with the Court of
Appeals or any of its division, and/or with any other court, tribunal or
quasi-judicial body or agency. To the best of my knowledge, there is no
suit, action or proceeding which is pending before the Supreme Court,
the Court of Appeals, and/or in any other judicial or quasi-judicial
agency. In the event that I should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any of its division or before any other courts or
agencies, I undertake to promptly inform this Honorable Court and the
aforesaid courts or tribunals or agency of such fact within five (5) days
therefrom.
IN WITNESS WHEREOF, I hereunto set my hand this 15
th
day of April,
2014, in Zamboanga City, Philippines.

MARIA Q. MERCEDES
Affiant

SUBSCRIBED AND SWORN to before me this 15
th
day of April 2014 in
Zamboanga City, Philippines, Affiant exhibited to me her Social Security
System (SSS) I.D. bearing No. 123-456-789 issued on January 5, 2011, in
Zamboanga City, Philippines.


ATTY. MAY J. TIWALA
NOTARY PUBLIC
Zamboanga City
Until December 31, 2014
Notarial Commission No. 04-203
PTR No. 1157993 -01/04/2014
IBP No. 251227 - 01/04/2014
At Zamboanga City
Roll No. 66666

Doc. No. 23
Page No. 25
Book No. XV
Series of 2014
Republic of the Philippines
REGIONAL TRIAL COURT
9
TH
Judicial Region
Branch 2
Zamboanga City


MARIA Q. MERCEDES Civil Case No. 123456
Plaintiff,
-for-

Versus For: Collection of Sum of Money
with damages

PEDRO J. SANTOS,
Defendant.
X --------------------------------------------- X




ANSWER with COUNTER-CLAIM


COMES NOW, the DEFENDANT, PEDRO J. SANTOS, thru the
Undersigned Counsel and unto this Honorable Court most respectfully allege
by way of Answer to Plaintiffs Complaint;


BY WAY OF ANSWER


1.) That the allegations in Paragraph ONE (1) of the Complaint is
ADMITTED since the same refers to the personal circumstance of the
Plaintiff;

2.) That the allegations in Paragraph TWO (2) and THREE (3) of the
Complaint is ADMMITTED since the same refers to the personal
circumstance of the Defendant;

3.) That the allegations in Paragraph FOUR (4) of the Complaint is
ADMMITTED since the same refers to the circumstance of the Plaintiff
filing the case to the defendant;

4.) That the allegations in Paragraphs FIVE (5) and SIX (6) are ADMITTED
WITH QUALIFICATION that the Plaintiff agreed with the Defendant to
pay the sums of money on or before April 3, 2014.

SPECIAL and AFFIRMATIVE DEFENSES

5.) That the allegations in Paragraph SEVEN (7) and EIGHT (8) are
SPECIFICALLY DENIED; the truth is, the Defendant did not borrowed
additional Three Hundred Thousand (P300,000.00) Pesos, Philippine
Currency to the Plaintiff;

6.) That the allegations in Paragraph TEN (9) is SPECIFICALLY DENIED;
the truth is, the Defendant did not make any calls to the Plaintiff;


7.) That the allegations in Paragraph TEN (10) is SPECIFICALLY DENIED;
the truth is, the Plaintiff did not made any written and verbal demands
on the Defendant;

8.) That the allegations in Paragraph ELEVEN (11) is SPECIFICALLY
DENIED; the truth is, the Defendant did not received any notice from the
Barangay of Sta. Maria for any amicable settlement;




BY WAY OF COUNTER-CLAIM

9.) Due to the relentless act of the Plaintiff to file a baseless complaint
against Defendant despite the fact that Defendant had in truth and in
fact willing to pay Plaintiff, Defendant had suffered mental anguish,
serious anxiety and sleepless nights for which he must be compensated
in the amount of FIFTY THOUSAND PESOS (Php 50, 000.00);

10.) The act of filing an unfounded complaint against the Defendant is
clearly attended by bad faith, done in wanton, fraudulent and oppressive
manner; hence, Plaintiff should be made liable to the Defendant by way
of exemplary damage in the amount of TEN THOUSAND PESOS (Php 10,
000.00);

11.) Defendant has been compelled to secure the legal services of the
undersigned counsel to protect and enforce the right of the Defendant in
an agreed amount of FIFTY THOUSAND PESOS (Php 50, 000.00) by way
of acceptance fee and a fee of TWO THOUSAND PESOS (Php 2, 000.00)
per court appearance.



PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that
after due notice and hearing judgment be rendered dismissing all of
Plaintiffs claim for utter lack of merit.
Zamboanga City, Philippines, 17 April 2014.


ATTY. MAHINAY V. TALAGA
Counsel for the Defendant
Mahinay Law Office
Rm 107, 2/F, Sheeran Bldg,.
Veterans Avenue, Zamboanga City
PTR No. 456734 January 4, 2014
IBP No. 2587127 January 4, 2014
At Zamboanga City
Roll No. 38108; Page 489; Book XI
Republic of the Philippines)
City of Zamboanga . . . . . .) s.s
X . . . . . . . . . . . . . . . . . . . .)

VERIFICATION / CERTIFICATION
I, PEDRO J. SANTOS, Filipino, of legal age, and resident of Baliwasan,
Zamboanga City Philippines after being sworn to in accordance with law hereby
depose and state that:
1. That I am the Defendant in the above-entitled case and that I have caused of
the forgoing complaint and preparation of the same;
2. I have read and fully understood the contents of the said Pleadings and that the
allegations contained therein are true and correct of my own personal
knowledge and belief as well as based on authentic documents;
3. I hereby certify that I have not initiated any action or proceeding involving the
same party, the same subject matter and/or the same issues as in this
Complaint with the Supreme Court, with the Court of Appeals or any of its
division, and/or with any other court, tribunal or quasi-judicial body or agency.
To the best of my knowledge, there is no suit, action or proceeding which is
pending before the Supreme Court, the Court of Appeals, and/or in any other
judicial or quasi-judicial agency. In the event that I should thereafter learn that
a similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any of its division or before any other courts or
agencies, I undertake to promptly inform this Honorable Court and the
aforesaid courts or tribunals or agency of such fact within five (5) days
therefrom.
IN WITNESS WHEREOF, I have hereunto set my hands this 17
th
day of April,
2014 in the City of Zamboanga, Philippines.

PERDO J. SANTOS
Affiant
Drivers Licensce.: 000045
Issued On: 01-02-13
Issued At: Zamboanga City

SUBSCRIBED AND SWORN to before me this 17
th
day of April 2014 in Zamboanga
City, Philippines. The affiant exhibited to me his Drivers License bearing numbers
written below his name.


ATTY. KASABWAT O. MO
Kasabwat Law Office
Rm 5, 1/F, ABCDE Bldg,.
Veterans Avenue, Zamboanga City
PTR No. 6688993 Jan. 8, 2014
IBP No. 111711 Jan. 14, 2014
At Zamboanga City
Roll No. 99384

Doc. No. 50
Page No. 100
Book No. X
Series of 2014
Copy furnished: ATTY. WALDEMAR B. JOHASAN
Johasan Law Office
Rm 101, 16/F, MEC Bldg.,La Purisima St., Zamboanga City