Republic of the Philippines

MUNICIPAL TRIAL COURT

8TH Judicial Region
Tacloban City
AB,
Plaintiff,
CIVIL CASE NO. 2014-1
FOR COLLECTION OF SUM
OF MONEY with DAMAGES

-versusCC,
Defendant.
/------------------------------------------------/

COMPLAINT
COMES NOW THE plaintiff, through undersigned counsel and
to this Most Honorable Court, respectfully avers THAT:
1. Plaintiff AB is of legal age, married, and a resident of
Brgy. Lipay, Tacloban City where he may also be served
with all orders, notices and other processes of this
Honorable Court or that of the office address of undersigned
counsel indicated below;
2. Defendant CC is also of legal age, married and a resident of
Brgy. Luya, Tacloban City where he may be served with
summons and processes of the Court;
3. Sometime on June 16, 2014, Defendant obtained and was
granted a loan by the Plaintiff in the principal amount of
FIFTY THOUSAND PESOS ( 50,000), Philippine
Currency. A true and faithful machine reproduction of the
Promissory Note made by the defendant is hereto attached as
ANNEX "A" and made an integral part hereof;
4. As of October 2014, Defendant still has an Outstanding
Balance amounting to TWENTY FIVE THOUSAND
PESOS ( 25,000) Philippine Currency, and has failed
and neglected to pay, without just and valid grounds, the
said Outstanding Balance for the aforementioned loan;

5. Despite Plaintiff's repeated demands, both written and

verbal, Defendant failed, neglected and refused, and
continues to fail and refuse to pay and to settle the said
Outstanding Balance, without just and valid grounds, to the
continued damage and prejudice of Plaintiff. A true and
faithful machine reproduction of the Plaintiff's demand
letters to defendant dated November 10, 2014; November
28, 2014 and December19, 2014 hereto attached as
ANNEXES "B", "C" AND "D" respectively and made an
integral part hereof;
6. Plaintiff likewise initiated proceedings before the Lupong
Tagapamayapa of Brgy. Luya, Tacloban City, however,
defendant failed to appear during the scheduled mediation
proceedings despite proper notice, prompting the Lupong
Tagapamayapa to issue a Certificate to File Action. A copy
of the Notice of Hearing and the Certificate to File Action
are hereto attached as ANNEXES "E" AND "F" and made
an integral part hereof;
7. Consequently, in order to protect the interests and livelihood
of herein Plaintiff, the latter was forced to engage the
services of counsel and thus incurred Attorney's Fees in the
amount of FIFTEEN THOUSAND PESOS ( 15,000),
Philippine Currency and litigation expenses in the amount of
FIVE THOUSAND PESOS ( 5,000), Philippine
Currency.

PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of the Honorable Court that judgment be rendered in favor of the
plaintiff:
1. Ordering the Defendant to pay the Plaintiff the following
sums:
a. The amount of TWENTY FIVE THOUSAND
PESOS ( 25,000), Philippine Currency, representing
Defendant's Outstanding Balance, plus interest at the
rate of two percent (2%) per month as stipulated in the
Promissory Note;

b. FIFTEEN THOUSAND PESOS ( 15,000),

Philippine Currency as Attorney's Fees;
c. Two percent (2%) of the total amount due as
Collection Charges/Liquidated Damages;
d. The cost of the suit.
2. Plaintiff likewise prays for other reliefs deemed just and
equitable in the premises are similarly prayed for.
Tacloban City, Philippines. 12th January 2015.
Castroverde, Leonida, Enabore, Piga and Associates (C.L.E.P.)
Law and Accounting Offices
Counsel for Plaintiff
Suite 007, 2nd Floor, S&A Realty Building
221 Avenida Veteranos , Tacloban City
Tel. No. (053) 321-5180/09399267777
E-mail: clep.law@gmail.com

BY
ATTY. KERBY ENABORE
Counsel for Plaintiff
Roll No. 5000
IBP No. 011 Lifetime
PTR No. 70 - 1/2/14 Leyte
MCLE Compliance IV No. 001234
Issued on January 12, 2013

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, AB, of legal age, after having been duly sworn, deposes and states
that:
1. I am the plaintiff in the above stated case;
2. I have caused the preparation of the said complaint for collection
of sum of money with damages;
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of the
documents and records in my possession;
4. I have not commenced any other action or proceeding involving
the same issues in the any tribunal, agency or body;
5. To the best of my knowledge and belief, no such action or
proceeding is pending before any tribunal, agency or body;
6. If I should thereafter learn that a similar action has been filed
before any tribunal, agency or body, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.
Executed this 12th day of January 2015 at Tacloban City, Leyte,
Philippines.
AB
Affiant
T.I.N. 216-777-222, Tacloban City

SUBSCRIBED AND SWORN to before me, this 12th day of January

2015, affiant exhibiting to me his Tax Identification Card as shown above
below her name as competent evidence of his identity.

ATTY. KERBY ENABORE

Counsel for Plaintiff
Roll No. 5000
IBP No. 011 Lifetime
PTR No. 70 - 1/2/14 Leyte
MCLE Compliance IV No. 001234
Issued on January 12, 2013
Doc. No. 1;
Page No. 2;
Book No. II;
Series of 2015.