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Republic of the Philippines

7th Judicial Region


Regional Trial Court
Branch ___
Cebu City

MILO
Plaintiff, Civil Case No. ____
For: Collection of Sum of Money
with Damages
-versus-

JIFEL
Defendant,
x---------------------------------------/

COMPLAINT

Come now the Plaintiff, through the undersigned counsel, unto this
Honorable Court, most respectfully state that:

1) Plaintiff Milo is a Filipino of legal age, married, residing at Pooc,


Talisay City, Cebu at which the address of the undersigned counsel
herein may be served with notices, order, services, and other court
processes;

2) Defendant Jifel is a Filipino of legal age, married, residing at


Pooc, Talisay City, Cebu at which address may be served with
summons and other court processes;

3) That on February 14, 2000, Defendant obtained a loan from Milo


in the amount of Five Hundred Thousand Pesos (Php 500,000.00)
which he promised to pay within a period of one year (see attached
Promissory Note as Annex A);

4) That due to their friendship, Plaintiff agreed to grant defendant a


loan and gave him Five Hundred Thousand Pesos (Php 500,000.00);

5) That when maturity date came, Plaintiff verbally asked defendant


to settle his indebtedness to which Defendant refused and even insisted
for a one-year extension;
6) That Plaintiff was left with no other recourse but to send
Defendant a demand letter requesting him to settle indebtedness within
ten (10) days from receipt thereof (see attached Demand Letter as
Annex B);

7) That despite previous repeated oral and written demands,


Defendant ignored and obstinately refused to settle his indebtedness;

8) That Defendant’s refusal to pay resulted to Plaintiff’s mental


anguish and wounded feelings for not being able to provide a silver
wedding anniversary celebration to his wife;

9) That the plaintiff, in order to enforce his rights and interests, has
sought the advice of a legal counsel with attorney’s fees amounting to
Twenty Thousand Pesos (Php 20,000.00) and appearance fee of Two
Thousand Pesos (Php 10,000.00) per hearing (see attached Contract for
Legal Services as Annex C).

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff, through the


undersigned counsel, most respectfully pray of this Honorable Court for
judgment in his favor through a Decision directing defendant to pay the
plaintiff the following:

a) The sum of Five Hundred Thousand Pesos (Php 500,000.00) plus


interest of five percent (5%) per month stipulated in the promissory
note;

b) Moral and exemplary damages at the sum discretion of the Court;

c) Attorney’s fees amounting to Twenty Thousand Pesos (Php


20,000.00) and appearance fee of Two Thousand Pesos (Php
10,000.00) per hearing;

Other reliefs and remedies deemed just and equitable under the
foregoing premises are likewise prayed for.

Signed this 25th day of February 2018 in Cebu City, Philippines.


SHAIRA MAE N. ESCUZAR
Counsel for Petitioner
Empaces Law Office, UC Banilad, Cebu City
Roll of Attorneys No. 51423
IBP No. 65423 Lifetime/Cebu City
MCLE No. 1234567
PTR No. 123456789
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, MILO, of legal age, after having been duly sworn in accordance with law,
depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

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 copies of documents
and records in my possession;

4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is


pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If 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 other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Milo
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of


__________ 200_ at _________________ affiant exhibiting to me his
Community Tax Certificate No.____________________ issued on
________________ 200_ at ______________ City.

Doc. No.: 1
Page No.: 1
Book No.: 1
Series of 2018.
SHAIRA MAE N. ESCUZAR
Counsel for Petitioner
Empaces Law Office, UC Banilad, Cebu City
Roll of Attorneys No. 51423
IBP No. 65423 Lifetime/Cebu City
MCLE No. 1234567
PTR No. 123456789
ANNEX A

PROMISSORY NOTE

Php 500,000.00

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


order of MILO at his residence at Pooc, Talisay City, Cebu the principal
amount of Five Hundred Thousand Pesos (Php 500,000.00), on or before
February 14, 2001 in lump sum. In addition to the foregoing, I promise to
pay monthly interest at the rate of Five Percent (5%) percent, without need
of demand, starting from the month of March 2000 until this note is fully
paid.

Done this 14th day of February 2000 at Talisay City, Cebu, Philippines.

Sgd.
JIFEL
Maker
ANNEX B

21 February 2001

JIFEL
Pooc, Talisay City, Cebu

Sir:

I write in behalf of my client, MILO, the matter of your non-payment of your


obligation.

Records disclose that you have an outstanding obligation with our client in the
amount of Php500,000.00 exclusive of interest and surcharges. Despite
repeated demands, you failed and continuously fail to pay the aforesaid
amount.

Accordingly, FINAL DEMAND is hereby made upon you to settle the amount
of Php500,000.00 with legal interest within TEN (10) days from receipt of
this letter. Otherwise, we will be constrained to file the necessary legal action
against you to protect the interest of our client.

We trust that you will give this matter your prompt and preferential attention
to avoid the expense and inconvenience of litigation.

Truly yours,

SHAIRA MAE N. ESCUZAR


Counsel for Petitioner
Empaces Law Office, UC Banilad, Cebu City
Roll of Attorneys No. 51423
IBP No. 65423 Lifetime/Cebu City
MCLE No. 1234567
PTR No. 123456789
ANNEX C

CONTRACT OF LEGAL SERVICES

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT made and executed by and between:

MILO, Filipino of legal age, married, residing at Pooc, Talisay City, Cebu
(hereinafter referred to as the "CLIENT");

- and -

EMPACES LAW FIRM a law firm organized under and by virtue of the
laws of the Republic of the Philippines as a general professional partnership,
with principal office at Banilad, Cebu City, Philippines, and represented in
this act by its Managing Partner, SHAIRA MAE ESCUZAR (hereinafter
referred to as the "LAW FIRM"

WITNESSETH: That -

WHEREAS, the LAW FIRM has offered its professional legal services to the
CLIENT and CLIENT agrees to retain the professional legal services of the
LAW FIRM under a retainership basis, subject to the terms and conditions
hereinafter stipulated:

NOW THEREFORE, for and in consideration of the mutual covenants and


agreements herein agreed upon, the CLIENT and the LAW FIRM, by these
presents, have entered, as they hereby enter, into a contract of services
whereby the LAW FIRM shall render legal services to the CLIENT, under the
following terms and conditions:

1. The term or duration of this contract shall be for one (1) year effective upon
signing of this agreement and shall automatically renewed on a year to year
basis unless either party pre-terminates the same upon serving a thirty (30)
day-prior written notice to the other party, without need of cause;

2. The LAW FIRM, while in the performance of its duties, shall be entitled to
a fixed monthly retainer fee of PESOS: Twenty Thousand Pesos (Php
20,000.00) and appearance fee of Two Thousand Pesos (Php 2,000.00) per
hearing;

3. The LAW FIRM shall make itself available for ready consultation by the
CLIENT or its duly authorized officers in all matters or business requiring
legal advice and opinion affecting the said corporation in general. Written
opinions rendered by the LAW FIRM on matters affecting the business and
operations of the corporation shall be subject to confirmations;

4. The LAW FIRM shall render documentation and notarial services to the
CLIENT as part of this retainership. Client documents shall be notarized free
of charge while documents requiring the participation and signature of a party
other than the Client shall be subject to fees or charge at the following rates:

Notarial Rate – Php 50 per document

5. In case of extra-judicial foreclosure of mortgage endorsed to the LAW


FIRM by the CLIENT, the attorney's fees shall be at the rates provided as
follows:

Extra-Judicial Foreclosure – Php 20, 000.00

6. In collection cases other than extra-judicial foreclosure of mortgage, the


attorney's fees shall be at the rates provided as follow:

Collection of Sum of Money – Php 20, 000.00

7. The LAW FIRM shall handle other cases as referred to it by the CLIENT
for a fee that shall be determined by mutual agreement of the law firm and the
CLIENT, on a case to case basis, such as, but not limited to, all suits or cases
for or against the CLIENT, including officers and employees of the CLIENT
sued in their official capacity;

8. The LAW FIRM shall not compromise or settle judicially or extra-judicially


any account, foreclosure proceeding or suit wherein the CLIENT is a party,
without the written consent and conformity of the CLIENT or his duly
authorized officer;

9. Routinary expenses for mailing of demand letters, pleadings to court and


copies thereof to adverse parties, costs of photocopy of evidentiary
documents, payment of stenographic notes, costs of publications of notices,
as well as filing fees and other legal expenses in court and other appropriate
government offices shall be for the account of the CLIENT;
10. The LAW FIRM shall, whenever requested by the CLIENT take
immediate measures to investigate the facts and ascertain the legal position of
the CLIENT concerning any accidents, claim or liability, and shall on such
cases do what may be required for the protection of the CLIENT. The LAW
FIRM may represent the CLIENT in all suits and proceedings pending or
which may be pending in Bacolod City or its environs wherein the CLIENT
is a party, or its rights or interest are involve, at the direction of the CLIENT;

11. The LAW FIRM shall keep in its office a docket of record in which it shall
cause to be recorded all proceedings connected with nay action which the
CLIENT is interested and shall keep such other records necessary to preserve
a complete history of the business of the CLIENT entrusted to its charge. Said
docket and records shall be subject to the inspection and control of the
CLIENT or his representative;

12. The LAW FIRM shall submit to the CLIENT at least once every quarter
or as often as required, written reports on all pending matters handled by the
LAW FIRM for the CLIENT;

13. The LAW FIRM, in addition to the herein enumerated services, shall well
and faithfully serve the CLIENT and shall at all times devote its whole time
and attention to the assignments and tasks given and/or entrusted to it by the
CLIENT and shall do and perform all such services, acts and things connected
therewith as the CLIENT shall from time to time direct; nor shall the LAW
FIRM at any time get itself in a situation where a conflict of interest may arise
between those of the CLIENT and the LAW FIRM and/or its CLIENTS;

14. The LAW FIRM shall not, either during the term of this contract or any
time thereafter, use or disclose to any person, office, corporation or entity any
confidential information concerning the affairs of the CLIENT which he nay
have acquired in the course of or as incident to this contract for its own benefit,
or to the detriment or probable detriment of the CLIENT;

15. It is understood and agreed that nothing in this contract shall be construed
as establishing the relationship of employer-employee between the CLIENT
and the LAW FIRM, including its personnel;

16. Any violation of the terms and conditions of this contract by the LAW
FIRM shall give the CLIENT the option to rescind or cancel immediately the
contract without necessity of judicial proceedings;

17. The CLIENT reserves the right to terminate this Agreement without need
of cause or reason upon thirty-day written notice to the LAW FIRM.
IN WITNESS WHEREOF, the parties have signed this instrument this 20th
day of February 2001 at Banilad, Cebu City, Philippines.

EMPACES LAW FIRM

Sgd.
By: SHAIRA MAE ESCUZAR

SIGNED IN THE PRESENCE OF

Sgd. Sgd.
BEARY BRAND ANGEL EVAP
Witness Witness