Angeles, Esteria, Rustia Complaint Affi. - Civil Case

85 Formatted: Font: 14 pt
Formatted: Font: 14 pt
Republic of the Philippines

METROPOLITAN TRIAL COURT
National Capital Judicial Region
CITY OF MANILA
PAUL MIKEE O. ANGELES

Plaintiff,
-versus- CIVIL CASE NO. _____

For: Collection of a Sum of Money
JOHN S. SANTOS
Defendant.
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COMPLAINT
PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,

respectfully alleges:
1. That Plaintiff PAUL MIKEE O. ANGELES is of legal age,

Filipino, single, and with residence at # 425 Miguelin St., Sampaloc, Manila;
2. That Defendant JOHN S. SANTOS is likewise of legal age,

Filipino, married and with residence at # 157, Prudencio St. Sampaloc,
Manila, where he could be served with summons and other processes of the
Court;
3. That sometime on May 11, 2016, Defendant has obtained and

was granted a loan by the Plaintiff in the amount of FIVE HUNDRED
THOUSAND PESOS (PHP 500,000.00). [ how much is the jurisdiction of the
MTC for civil cases? Also, is there a loan contract or merely a PN?] As
guarantee of payment, the defendant produced a Promissory Note with a
promise to pay the full amount after One (1) year [specify the date] and is
hereto attached as ANNEX A and is an integral part hereof; {the PN
guarantees payment?]
4. That as of October 15, 2017, the Defendant has failed to pay the
amount due of FIVE HUNDRED THOUSAND PESOS (PHP 500,000.00)
without any justifiable and valid grounds;
5. That despite the written and verbal demands coming from the
Plaintiff, the Defendant has still failed, neglected and refused to settle the
amount due without any just and valid grounds to the continued damage and
prejudice of Plaintiff. Attached herein are copies of the demand letters to the
defendant dated July 10, 2017; July 14, 2017; August 07, 2017 as ANNEXES
B, C, D respectively;
6. That Plaintiff likewise initiated proceedings before the Office of

the Lupong Tagapamayapa of Brgy. 445, Sampaloc Manila, however, the
defendant failed to attend the proceedings despite prior notice. In response
to the defendants refusal to appear before the mediation proceedings, the
Office of the Lupong Tagapamayapa issued a Certificate to File Action.
Attached herein are copies of Notice of Hearing and the Certificate to File
Action as ANNEXES E AND F.
7. That the lack of response of the Respondent prompted the

Plaintiff to engage in the services of counsel and thus incurred Attorneys
Fees in the amount of TWENTY FIVE THOUSAND PESOS (PHP
25,000.00), and litigation expenses in the amount of TEN THOUSAND
PESOS (PHP 10,000.00)
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully

prayed of this Honorable Court that, after due hearing, judgment be rendered
against the defendant ordering the latter to pay the plaintiff as follows:
1. The amount of FIVE HUNDRED THOUSAND PESOS (PHP

500,000.00) representing the Defendants unpaid debt plus interest at the
rate of two percent (2%) per month as stipulated in the Promissory Note;
2. The amount of TWENTY FIVE THOUSAND PESOS (PHP 25,000.00)

as Attorneys Fees;
3. Two percent (2%) of the total amount due as Collection

Charges/Liquidated Damages [basis for the rate? Is this stipulated in the loan
contract?];
4. Cost of suit.
Other reliefs just and equitable under the premises are likewise prayed
for.
City of Manila, Philippines. 26th October 2017
Atty. KATRHINA MARIANNE R. ESTERIA

Counsel for the Plaintiff
Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City
Roll No. 76430 IBP No. 352980 dated 1-2-08
MCLE Compliance No. 11-00043527
VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
I, PAUL MIKEE O. ANGELES, Filipino, of legal age with address at

#425 Miguelin St., Sampaloc, Manila after having been duly sworn on
accordance with law depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I caused the preparation of the foregoing Complaint and I have

read the allegations therein and certify that the same are true and correct of
my own personal knowledge;
3. That I further certify that I have not commenced any other action
involving the same issues before the Supreme Court, Court of Appeals or
any division thereof or any tribunal or agency; and to the best of my
knowledge no such action is pending before the Supreme Court, Court of
Appeals or any division thereof or any tribunal or agency;
4. That in the event that any action involving the same should be made
known, I hereby bind myself to report the same within five (5) days from
knowledge thereof to this Honorable Court.
WITNESS WHEREOF, I hereunto set my hand this _______ day of

________, ________ at Quezon City, Metro Manila, Philippines.
Plaintiff
SUBSCRIBED AND SWORN TO before me this ______ day of ______,

______ at the City of Manila, affiant having exhibited to me her CTC No.
___________ issued on __________ at __________.
NOTARY PUBLIC
Doc. No._____
Page No. ____
Book No. _____
Series of _____
ANNEX A
PROMISSORY NOTE
FOR VALUE RECEIVED, I promise to pay without need of demand to

the order of PAUL MIKEE O. ANGELES, at his residence at # 425 Miguelin
St., Sampaloc, Manila, the principal amount of FIVE HUNDRED
THOUSAND PESOS (P 500,000), on or before May 11, 2017.
Done this 11th of May, 2016, at Sampaloc, Manila, Philippines.
JOHN S. SANTOS
Maker
ANNEX B
DEMAND LETTER
July 10, 2017
Dear Mr. John S. Santos,

This letter is in regard to a loan that I made you in the amount of FIVE
HUNDRED THOUSAND PESOS (PHP 500,000.00) on May 11, 2016 for
whatever reason it may serve. At that time, we agreed that this loan was to
be paid in full after One (1) year and you even produced a Promissory Note
to guarantee such payment. As of today, July 10, 2017, you have not given
me any payments towards this loan. It has been one year and two months
since the loan was to be repaid in full. I request that, on the receipt of this
letter, you repay the amount in full.
Your immediate attention to this matter will be appreciated.
Sincerely,
Paul Mikee O. Angeles
ANNEX C
DEMAND LETTER
July 14, 2017
I would like to refer my earlier letter dated July 10, 2017 demanding for
the payment of the total amount of FIVE HUNDRED THOUSAND PESOS
(PHP 500,000.00) representing your unpaid loan which I did provide. It is

presumed that by this time, you have received the letter aforementioned.
However, up to now, you did not respond positively. Your silence would
mean refusal to settle my demand. Henceforth, I am still giving you an
opportunity and some time to pay for the loan you acquired. Otherwise, with
no option, I will commence legal proceeding without further notice.
Truly yours,
ANNEX D
DEMAND LETTER
August 7, 2017
This letter is in reference for my earlier letters sent to you, the matter
of which is the non-payment of your obligation and demanding you to pay for
the loan which you acquired amounting to FIVE HUNDRED THOUSAND
PESOS (PHP 500,000.00). Despite the repeated demands I sent you, you
failed and continuously fail to pay for the aforesaid amount. Accordingly,
FINAL DEMAND is hereby made upon you to settle the amount of FIVE
HUNDRED THOUSAND PESOS (PHP 500,000.00). Otherwise, I reserve
the right to take further legal action to recover the amount of the loan without
further notice to you. This letter may be given in evidence in court of your
failure to pay. If it becomes necessary to go to court, I will expect you to pay
the applicable interest, filing and attorneys fees, and any other related costs.
Your immediate attention to this matter will be appreciated.
Sincerely,
ANNEX E

CITY OF MANILA
Barangay 445, Sampaloc
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No. 2017-005

For: Collection of Sum of Money

Complainant
against
JOHN S. SANTOS
Respondent
CERTIFICATION TO FILE ACTION

This is to certify that:
1. The complainant had sent three (3) demand letters to respondent and
the respondent has failed to comply with the demand of the
complainant which is to pay the total amount of P500,000.0 for the car
loan.
2. There has been a personal confrontation between the parties before
the Punong Barangay/Pangkat ng Tagapagkasundo;
3. That after the confrontation between both parties, Mr. John S. Santos
still failed to pay the complainant.
4. Therefore, the corresponding complaint for the dispute may now be
filed in Court.
This 22nd day of August, 2017 at Brgy. 445, Sampaloc, Manila, Philippines.
Ms. Via Perez

Lupon Secretary
Attested:
Brgy. Captain Arnel Mendoza

Lupon Chairman
ANNEX F
NOTICE OF HEARING
FORM 4-SCC

METROPOLITAN TRIAL COURT
National Capital Judicial Region
CITY OF MANILA

Plaintiff,
-versus- CIVIL CASE NO. _____

For: Collection of a Sum of Money
JOHN S. SANTOS
Defendant.
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NOTICE OF HEARING
YOUR CASE IS SET for hearing before the Presiding Judge of this
Court on September 30, 2017 at Metropolitan Trial Court, National Capital
Judicial Region, City of Manila.
YOU MUST ATTEND THE HEARING. IF YOU CANNOT ATTEND

BECAUSE IT IS PHYSICALLY IMPOSSIBLE FOR YOU TO DO SO, YOU
MAY AUTHORIZE A REPRESENTATIVE WHO IS NOT A LAWYER TO
APPEAR FOR YOU. FOR THIS PURPOSE YOU SHOULD FILL UP FORM
5-SCC (SPECIAL POWER OF ATTORNEY).
WITNESS the HON. PAOLO MIGUEL C. MANANGHAYA, Presiding

Judge of this Court, this 10th day of September, 2017, at Metropolitan Trial
Court, National Capital Judicial Region, City of Manila.
___________________________________
Branch Clerk of Court
NOTE: FOR INQUIRIES, CALL TEL. # 766-1515

Angeles, Esteria, Rustia Complaint Affi. - Civil Case

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85 Formatted: Font: 14 pt

Republic of the Philippines

PAUL MIKEE O. ANGELES

-versus- CIVIL CASE NO. _____

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,

1. That Plaintiff PAUL MIKEE O. ANGELES is of legal age,

2. That Defendant JOHN S. SANTOS is likewise of legal age,

3. That sometime on May 11, 2016, Defendant has obtained and

6. That Plaintiff likewise initiated proceedings before the Office of

7. That the lack of response of the Respondent prompted the

WHEREFORE, PREMISES CONSIDERED, it is most respectfully

1. The amount of FIVE HUNDRED THOUSAND PESOS (PHP

2. The amount of TWENTY FIVE THOUSAND PESOS (PHP 25,000.00)

3. Two percent (2%) of the total amount due as Collection

City of Manila, Philippines. 26th October 2017

Atty. KATRHINA MARIANNE R. ESTERIA

I, PAUL MIKEE O. ANGELES, Filipino, of legal age with address at

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the foregoing Complaint and I have

WITNESS WHEREOF, I hereunto set my hand this _______ day of

PAUL MIKEE O. ANGELES

SUBSCRIBED AND SWORN TO before me this ______ day of ______,

FOR VALUE RECEIVED, I promise to pay without need of demand to

Done this 11th of May, 2016, at Sampaloc, Manila, Philippines.

July 10, 2017

Dear Mr. John S. Santos,

Your immediate attention to this matter will be appreciated.

Paul Mikee O. Angeles

July 14, 2017

Dear Mr. John S. Santos,

(PHP 500,000.00) representing your unpaid loan which I did provide. It is

Paul Mikee O. Angeles

Dear Mr. John S. Santos,

Your immediate attention to this matter will be appreciated.

Paul Mikee O. Angeles

Republic of the Philippines

Barangay Case No. 2017-005

PAUL MIKEE O. ANGELES

CERTIFICATION TO FILE ACTION

This is to certify that:

Ms. Via Perez

Brgy. Captain Arnel Mendoza

Republic of the Philippines

PAUL MIKEE O. ANGELES

-versus- CIVIL CASE NO. _____

YOU MUST ATTEND THE HEARING. IF YOU CANNOT ATTEND

WITNESS the HON. PAOLO MIGUEL C. MANANGHAYA, Presiding

NOTE: FOR INQUIRIES, CALL TEL. # 766-1515

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SUBSCRIBED AND SWORN TO before me this day of ,