REPUBLIC OF THE PHILIPPINES REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

REGIONAL TRIAL COURT
DASMARINAS, CAVITE

BEA ALONZA,
Plaintiff,

CIVIL CASE NO. _____________________

-versus-
FOR: SPECIFIC PERFORMANCE

JOHNA LLYOD,
Defendant.
X----------------------------------X

COMPLAINT

COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court
respectfully alleges that:

1. Plaintiff is of legal age, married, Filipino citizen and a resident of B-10 L-2 Plaza De
San Marino, Salawag, Dasmarinas City, Cavite where she may be served with
summons and other court processes;

2. Defendant is likewise of legal age, married, Filipino citizen and a resident of B-141
L-12 P-III, Paliparan Site Dasmarinas City, Cavite where she may be served with
summons and process of this Honorable Court;

3. On 24 June 2008 around 9:00 A.M. Plaintiff asked to borrow money from the
Defendant in the amount of FIVE HUNDRED THOUSAND (Php500,000.00) PESOS;

4. Defendant requested that Plaintiff execute a Deed of Real Estate Mortgage covering
her house and lot located in B-10 L-2 Plaza De San Marino, Salawag, Dasmarinas
City, Cavite to the former as security for the loan. A copy of the Deed of Real Estate
Mortgage is attached as ANNEX “A”;

5. Both parties agreed that all expenses incurred in the execution of the Deed of Real
Estate Mortgage by the Plaintiff shall be included for the payment/reimbursement;
 6. Defendant required that it the Plaintiff should she fail to pay or to return all the
above-mentioned amount/obligation, Defendant will proceed to the foreclosure on
the Deed of Real Estate Mortgage;

7. Unfortunately, when they executed said Deed of Real Estate Mortgage the Plaintiff
never received any amount for consideration considering that the same was
executed for the sole purpose of security for the payment of Plaintiff’s loan;

8. Despite repeated verbal demands made by the Plaintiff, the Defendant failed to
release the loan money agreed upon;

9. That in fact, the matter has been referred to the Barangay for possible settlement/
or conciliation of the dispute, but to no avail; Attached herewith is the photo copy of
ENDORSEMENT LETTER and made an integral part hereof and marked as ANNEX
“B”;

10. That by reason of Defendant’s unjustified failure to give the Plaintiff the agreed loan
, despite repeated verbal demands, Plaintiff was constrained to engage the services
of counsel for a fee of TEN THOUSAND (Php10,000.00) PESOS plus ONE THOUSAND
FIVE HUNDRED (Php1,500.00) PESOS per court appearance as actual damages;

11. That Plaintiff suffered moral damages due to sleepless nights and anxiety in the
amount of TEN THOUSAND (Php10,000.00) PESOS;

12. That in order to serve as an example and/or lesson to the Defendant, the Plaintiff is
also praying for exemplary damages in the sum of FIVE THOUSAND (Php5,000.00)
PESOS.

PRAYER

IN LIGHT OF THE FOREGOING, it is most respectfully prayed of this Honorable Court

that after due notice and hearing, judgment be rendered in favor of Plaintiff and against
Defendant ordering the latter, as follows:

1. To give to the plaintiff the agreed loan amounting to FIVE HUNDRED THOUSAND
(Php5000,000.00) PESOS.

2. To pay moral damages in the amount of TEN THOUSAND (Php10,000.00) PESOS;

3. To pay Attorney’s fees TEN THOUSAND (Php10,000.00) PESOS plus ONE

THOUSAND FIVE HUNDRED (Php1,500.00) per court appearance;
 4. To pay exemplary damages in the amount of FIVE THOUSAND (Php5,000.00)
PESOS; and

5. To pay cost of the suit.

Other relief and remedies that are just and equitable under the premises are
likewise prayed for.

Dasmarinas, Cavite. 17 December 2009.

(SIGN)
ATTY. ANDRES BONIFACIO , JR.
Counsel for the Plaintiff
2ND Floor Almasora Bldg., cor. Ed Bautista,
Malihan St., Zone IV, Dasmarinas, Cavite.
9611234/09287859349
Roll No. 54321
PTR NO. 6209611
IBP NO. 718351 Cavite
MCLE Complaince IV-90927

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, BEA ALONZA, of legal age, married, Filipino and the plaintiff in the above entitled case,
after being duly sworn to in accordance with law do hereby depose and say;

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

2. That I caused the preparation of the complaint and I read the allegations contained
therein and understood each of them to be true and correct of my own personal knowledge
and beliefs and based on authentic documents.
3. That I further certify that I have not commenced any action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or
any court, tribunal or agency.
4. That should I learn hereafter of the filing or pendency of such action/s, I undertake to
inform this Honorable Court of said fact within five (5) days from knowledge therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 17th of December, 2009
at Dasmarinas, Cavite.
(SIGN)
BEA ALONZA
Plaintiff
SUBSCRIBED AND SWORN TO BEFORE ME, this 17th of December, 2009, by BEA ALONZA
who exhibited to me her Philippines Passport issued at DFA Manila, Philippines on October
2008.

(SIGN)
Notary Public
Commission Expired on 31 December 2009
Roll No. 92379
IBP No. 54682/January 5, 2010
PTR No. 394893/January 7, 2010
MCLE No. IV-7829/February 14, 2010

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2009;