REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL REGION
BRANCH ___
MANDALUYONG CITY
RADIOWEALTH
COMPANY, INC.,

FINANCE
Plaintiff,

-versus-

Civil Case No. _____________

For:
Sum of Money plus
Damages with prayer for issuance
of Writ of Replevin

RICARDO
H.
DISCAYA,
MARIA V. DISCAYA & JOHN
DOE.
Defendants.
x---------------------------------------x

COMPLAINT
Plaintiff, through the undersigned counsel, and unto this
Honorable Court, most respectfully avers as follows:
1.
Plaintiff, RADIOWEALTH FINANCE COMPANY, INC.,
a company engaged in consumer and retail lending by providing
accessible credit to livelihood projects and to micro-enterprise sector,
is a domestic corporation duly organized and existing under and by
virtue of the Philippine laws, having its principal office address at 7 th
Floor DMG Center, Domingo M. Guevara Street, Brgy. Highway Hills,
Mandaluyong City, represented by its Operations Support Services
Manager JEFFERSON B. DAVID. Copy of the Secretary Certificate is
hereto attached as Annex A, and is made an integral part hereof;
2.
Defendants are spouses RICARDO H. DISCAYA and
MARIA V. DISCAYA, Filipinos, of legal ages, and residents of Brgy.,
Sumulong, Calauag, Quezon, where they may be served with
summons and other processes of this Honorable Court;

3.
Defendant John Doe is an unknown person/s who may
be in actual possession or control of the vehicle which is the subject
matter of this action. The identity and other personal circumstances
of the defendant John Doe shall immediately be disclosed to this
Honorable Court the moment they are ascertained by the Plaintiff;
4.
Defendants obtained loan from the Plaintiff in the sum of
FIVE HUNDRED NINE THOUSAND FIVE HUNDRED TWENTY
PESOS (P509, 520).
For value received, they executed the
corresponding Promissory Note, and as security of the loan,
Defendants mortgaged to herein Plaintiff a motor vehicle specifically
described as follows:
MAKE
TYPE/YR. MODEL
MOTOR NO.
CHASSIS NO.
PLATE NO.

:
:
:
:
:

FUSO DROPSIDE TRUCK

1988 (2010 RECON)
6D15-544659
FK416J-520242
RKV245

Photocopies of the Promissory Note and the Chattel Mortgage

Contract are hereto attached as Annexes B and C respectively,
and are made integral part hereof;
5.
The Chattel Mortgage was duly notarized and registered
with the Registry of Deeds and the Land Transportation Office (LTO).
Photocopy of the Certificate of Registration with encumbrance in
favor of the Plaintiff is hereto attached as Annex D and made an
integral part hereof;
6.
The aforementioned Promissory Note and Chattel
Mortgage Contract stipulate among others, that in default in payment
of any installment, interest or charges due thereon shall make the
entire obligation due and demandable;
7.
The Chattel Mortgage Contract provides also the
following provisions on default:
Section 3. In case the MORTGAGOR(S) fail(s) to pay
any of the installment payment as and when the same

falls due as herein above-provided, or to pay the

interest and/or compounded interest that may be
due hereunder or otherwise violates any of the terms
and conditions of this agreement, then the
MORTGAGEE shall have the right, at its option to
declare the entire amount of all the obligation due
and payable, and may file an ordinary civil action for
the collection of the said indebtedness as herein
below provided, said MORTGAGOR(S) hereby
expressly renounce and waive his (their) entire right
to the benefits provided for in Art. 1484 of the Civil
Code or in such similar future laws;
Section 4. In case of breach or default of the
MORTGAGOR(S) of any conditions of this
agreement, and in the event of the foreclosure of this
mortgage, or in the event any action is filed by the
MORTGAGEE
under
this
instrument,
the
MORTGAGOR(S) expressly agree(s) to pay the
MORTGAGEE an additional sum equivalent to
twenty-five percent (25%) of the amount unpaid as
attorneys fee, in either case not to be less than five
hundred pesos (P500) plus the cost of collection,
which said sum be added to the principal sum for
which this mortgage is given as security and shall
become a part thereof and deemed secured by this
Mortgage;
Section 7. At any time after the breach or default in
the performance of any condition herein stipulated,
more particularly his/their failure to any installment
as above provided or to pay when due, any other
obligation which said MORTGAGOR(S) may incur, or
upon the occurrence of any of the contingencies
provided for in the preceding paragraphs, the
MORTGAGEE may foreclose this mortgaged
immediately before the expiration of thirty (30) days
from the date of default and even before default in
the payment of two (2) installments provided in
Article 1484 of the New Civil Code, the

MORTGAGOR(S) by these presents waiving and

renouncing expressly whatever right he/they
has/have or may have to any terms, right or privilege
granted to him/them by the Chattel Mortgage Law
(Act No. 1509) or any other law which may be
enacted in the future.
8.
Default in payment of the Promissory Note or violation of
the terms and condition of the Chattel Mortgage Contract make(s) the
whole amount of the obligation(s) due and demandable and the
Plaintiff is entitled to take actual possession and control of the
mortgaged vehicle and with special power to sell the mortgaged
properties at public auction or private sale, at the option of the
Mortgagee or for purposes of foreclosure;
9.
Defendants outstanding obligation in favor of the
Plaintiff in connection to their Promissory Note is TWO HUNDRED
THIRTY NINE THOUSAND THREE HUNDRED TWENTY FIVE
PESOS AND FORTY ONE CENTAVOS (P239,325.41), plus interest
and/or charges which amount is secured by the aforementioned
Chattel Mortgage over the described property;
10. Plaintiff made several demands upon the Defendants to
either pay the entire amount of their obligation on the Promissory
Note or to surrender the subject vehicle to the Plaintiff for the
purpose of foreclosure. The latest Demand Letter dated October 7,
2016, was personally sent and actually received by Defendants.
Photocopy of which is hereto attached as Annex E and made
integral part hereof;
11. Despite such repeated demands, Defendants failed and
refused, and still fail and refuse to either pay their monetary
obligation or to surrender the subject vehicle through a Writ of
Replevin so that it may be made the subject of foreclosure
proceedings. In addition, Defendants are liable to Plaintiff for
Attorneys Fees in the amount of TWENTY FIVE THOUSAND
PESOS (P25,000);

12. Pursuant to Section 2, Rule 60 of the Revised Rules of

Court, in support of the Plaintiffs prayer for the issuance of a Writ of
Replevin, an Affidavit of Plaintiffs representative is hereto attached
as Annex F and made integral part hereof;
13. Plaintiff is willing to file a good, sufficient and solvent
bond double the value of the mortgaged vehicle should the
Defendants be later adjudged to be entitled thereto.

ALTERNATIVE CAUSE OF ACTION

14.
In the alternative, should it not be possible or practicable
to return the vehicle to the Plaintiff for purposes of foreclosure,
Defendants should be held liable to pay Plaintiff their obligation in
connection to their Promissory Note in the amount of TWO
HUNDRED THIRTY NINE THOUSAND THREE HUNDRED
TWENTY FIVE PESOS AND FORTY ONE CENTAVOS
(P239,325.41). In addition, Defendants are likewise liable to pay for
the penalty charge of five percent (5%) per month from default until
fully paid, ten percent (10%) of the amount claimed as liquidated
damages and twenty five thousand pesos (P25,000) as Attorneys
Fees.

PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that:
1. A Writ of Replevin be issued ordering the seizure of the
vehicle described under paragraph 4 of this Complaint and
directing the delivery to the Plaintiff for purposes of
foreclosure and/or disposal in accordance with law to
satisfy Defendants obligation to Plaintiff; and
2. After due hearing:
a) Confirm the said seizure and Plaintiffs right over the
subject personal property;

b) Order the Defendants to pay Plaintiff jointly and severally

the amount of twenty five thousand pesos (P25,000) as
Attorneys Fees, the expense of collection and
repossession, cost of suit and other litigation expenses
and any deficiency if the cost of the car sold at public
auction is less than their outstanding obligation;
In the alternative, should the return of the vehicle does not
prove to be practicable or possible, to render judgment in favor of the
Plaintiff and direct the Defendants to jointly and severally pay the
following:
a) TWO HUNDRED THIRTY NINE THOUSAND THREE
HUNDRED TWENTY FIVE PESOS AND FORTY ONE
CENTAVOS (P239,325.41) as the principal amount of the
outstanding balance;
b) Attorneys Fees equivalent to twenty five thousand pesos
(P25,000);
c) Cost of the suit;
Other reliefs and remedies just and equitable under the
premises are likewise prayed for.
Mandaluyong City, January 9, 2017.
Respectfully submitted.

ATTY. EDRYNE JETH F. JUNTILLA

Legal Department
Radiowealth Finance Company, Inc.
7th Floor DMG Center, DM Guevara St.,
Brgy. Highway Hills, Mandaluyong City
IBP No. 1055126/01-3-2017/Batangas
PTR No. 2553050 /Mandaluyong City/01-09-2017
MCLE Compliance No. N/A
Roll No. 65661

REPUBLIC OF THE PHILIPPINES

CITY OF MANDALUYONG
} S.S.
x------------------------------------------------------x
VERIFICATION/CERTIFICATION OF NON FORUM SHOPPING
I, JEFFERSON B. DAVID, Filipino, of legal age and with
business address at 7th Floor, DMG Center, Domingo M. Guevara
Street corner Calbayog Street Mandaluyong City, after having been
duly sworn to in accordance with law, do hereby depose and state:
1.
That, I am the Operations Support Services Manager and
duly authorized representative of Plaintiff Radiowealth Finance
Company, Inc.;
2.
That, the abovementioned company is the Plaintiff in the
instant case;
3.
That, I have caused the preparation of the instant
Complaint and that I have read the same and that all the allegations
contained therein are true and correct to the best of my knowledge;
4.
That, I have not commenced any other action or
proceeding involving the same issues in the Supreme Court, Court of
Appeals or any other tribunal or agency, and that if I should learn
later that a similar action or proceeding has been filed or is pending
before the Supreme Court, Court of Appeals or any tribunal or
agency, I hereby undertake to report that fact thru counsel or myself
within five (5) days therefrom to the Court, tribunal or agency
wherein the original pleading and sworn certification herein
contemplated have been filed;
5.
That, this Verification/Certification is being executed to
attest the truth of the foregoing facts aware of my responsibilities
under the law in case of any falsity therein.

_______________________________
JEFFERSON B. DAVID
Affiant

SUBSCRIBED AND SWORN to before me this

_________________, at Mandaluyong City, Philippines, affiant
exhibited to me his Drivers License No. C11-15-010402 valid until
November 17, 2017.
Doc. No. ____
Page No. ____
Book No. ____
Series of 2017

REPUBLIC OF THE PHILIPPINES

CITY OF MANDALUYONG
} S.S.
x------------------------------------------------------x
AFFIDAVIT
I, JEFFERSON B. DAVID, Filipino, of legal age and with
business address at 7th Floor, DMG Center, Domingo M. Guevara
Street corner Calbayog Street Mandaluyong City, after having been
duly sworn to in accordance with law, do hereby depose and state:
1.
That, I am the Operations Support Services Manager and
duly authorized representative of Plaintiff Radiowealth Finance
Company, Inc.;
2.
That, Plaintiff is a Mortgagee of the herein below
described personal property, thus:
MAKE
TYPE/YR. MODEL
MOTOR NO.
CHASSIS NO.
PLATE NO.

:
:
:
:
:

FUSO DROPSIDE TRUCK

1988 (2010 RECON)
6D15-544659
FK416J-520242
RKV245

3.
That, to the best of my knowledge and information, the
above-described property is being wrongfully detained by the
defendants when they failed and/or refused to surrender and deliver
the said property to the plaintiff for purposes of foreclosure. The said
property being mortgaged under the Promissory Note with the
Chattel Mortgage Contract. Annex B and C of the Complaint,
the terms and conditions of which defendants violated when they
defaulted in their payments, the Plaintiff is entitled to take possession
of the said property and foreclose the mortgage thereon;

4.
That, the said unit has not been taken for tax assessment
or fine pursuant to law or seizure under an execution or an
attachment against the property of the plaintiff nor under custodia
legis;
5.
The estimated actual value of the above-described motor
vehicle is ONE HUNDRED TWENTY THOUSAND PESOS (P120,
000).
_______________________________
JEFFERSON B. DAVID
Affiant

SUBSCRIBED AND SWORN to before me this

_________________, at Mandaluyong City, Philippines, affiant
exhibited to me his Drivers License No. C11-15-010402 valid until
November 17, 2017.
Doc. No. ____
Page No. ____
Book No. ____
Series of 2017