Form 30

COMPLAINT FOR COLLECTION OF SUM OF MONEY IN THE RTC WITH

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

Republic of the Philippines

6TH JUDICIAL REGION
Regional Trial Court
Branch _____
Iloilo City

MIA C. SANCHEZ, Civil Case No. ________

Plaintiff, FOR: COLLECTION FOR
A SUM OF MONEY WITH
DAMAGES
- versus -

PAOLO D. CRUZ,
Defendant.
x ---------------------- x

COMPLAINT

Plaintiff, through the undersigned counsel, and unto this Honorable Court, hereby
respectfully avers:

1. That plaintiff is of legal age, Filipino, married, and a resident of Alta Tierra
Village, Jaro, Iloilo City, Philippines while the defendant is also of legal age,
married, Filipino and a resident of Brgy. Dungon A., Jaro, Iloilo City, Philippines
where summons and court processes may be served;

2. That on February 14, 2013, the defendant borrowed from the plaintiff a sum of
money amounting to One Million Pesos (PhP1,000,000.00) with an agreed
interest of five percent (5%) per month as evidenced by a promissory note herein
attached as Annex “A” and form an integral part of this complaint;

3. That as shown in the attached promissory note, the indebtedness of the

defendant has become due and demandable on February 14, 2014;

4. That despite plaintiff's repeated demands, both written and verbal, defendant
failed, neglected and refused to fulfill obligations without just and valid grounds to
the continued damage and prejudice of plaintiff, as evidenced by Annex “B” –
Demand Letters;
 5. That the plaintiff in order to enforce his rights and interests, has sought the
services of a legal counsel with attorney’s fees amounting to One Hundred
Thousand Pesos (PhP 100,000.00) and an appearance fee of Two Thousand
Pesos (PhP 2,000.00) per hearing as evidenced by Annex “C” – Contract for
Legal Services;

6. That the plaintiff has paid for litigation expenses amounting to Twenty
Thousand Pesos (PhP 20,000.00) as evidenced by Annex “D” – Official Receipt;

7. That the plaintiff has suffered moral damages at the sum discretion of the
Honorable Court;

WHEREFORE, premises considered, it is hereby respectfully prayed before the

Honorable Court rendering decision in favor of the plaintiff and ordering the defendant to
pay the following:

a. the sum of One Million Pesos (PhP 1,000,000.00) plus interest at the rate of
five percent (5%) per month as stipulated in the promissory note;

b. moral damages, exemplary damages at the sum discretion of the court;

c. attorney’s fees amounting to One Hundred Thousand Pesos (PhP

100,000.00) and an appearance fee of Two Thousand Pesos (PhP 2,000.00) per
hearing;

d. litigation expenses amounting to Twenty Thousand Pesos (PhP 20,000.00).

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

Iloilo City, December 6, 2014.

ATTY. VINCENT ENRIQUE A. VARONA

Counsel for Petitioner
Varona Law Office,
Alta Tierra Village, Jaro, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Iloilo City
IBP NO. 123456, 01/04/14, Iloilo City
MCLE Comp. No. IV-0009876, 01/02/14
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF ILOILO ) SS.
x----------------------------x

VERIFICATION AND CERTIFICATION

I, MIA C. SANCHEZ, of legal age, Filipino, married, and a resident of Alta Tierra
Village, Jaro, Iloilo City, Philippines, after being sworn in accordance with law, hereby
depose and say:

(1) That I am the Plaintiff in the above-entitled case;

(2) That I have caused the preparation of the above Complaint and I have
read the same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my own
personal knowledge and based on authentic records;

(4) That I further certify that: I have not theretofore commenced any other action
or proceeding or filed any claim involving the same issues or matter in any court,
tribunal, or quasi-judicial agency and, to the best of my knowledge, no such
action or proceeding is pending therein; if I should thereafter learn that the same
or similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the court or agency
wherein the original pleading and sworn certification contemplated herein have
been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of December
2014 at Iloilo City, Philippines.

MIA C. SANCHEZ
Affiant
TIN 98765-003; Iloilo City
 SUBSCRIBED AND SWORN to before me, this 6th day of December 2014,
affiant exhibiting to me his Tax Identification Card as shown above below his name as
competent evidence of his identity.

ATTY. VINCENT ENRIQUE A. VARONA

My Commission No. is 58
Expires on December 31, 2015
Varona Law Office,
Alta Tierra Village, Jaro, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Iloilo City
IBP NO. 123456, 01/04/14, Iloilo City
MCLE Comp. No. IV-0009876, 01/02/14

Doc. No. ____

Page No. ____
Book No. ____
Series of ____
Form 31

ANSWER WITH NEGATIVE OR AFFIRMATIVE DEFENSES

x---------------------------------------------x

ANSWER

Defendant, by counsel and to this Honorable Court respectfully states:

1. Defendant admits that portion of par. 1 of the complaint regarding the names,
residences and status of the parties, but denies the rest thereof, for lack of
knowledge sufficient to form a belief as to the truth thereof.

2. Defendant denies under oath the execution and authenticity of the promissory
note, Annex “A” of the complaint, the truth being that the same is a forgery and
that he did not execute nor sign the same.

3. Assuming, arguendo, that the promissory is genuine and duly executed, it was
executed by a person on behalf of defendant, without any authority from
defendant.

4. Assuming, further, that the agent who signed the promissory note on behalf of
defendant is duly authorized to do so, the amount of indebtedness therein stated
actually represented payment of gambling losses of defendant in favour of
plaintiff.

5. Assuming, finally, that the indebtedness shown in the promissory note and the
promissory note is legitimate, plaintiff has been paid the amount thereof.

WHEREFORE, defendant respectfully prays that the complaint be dismissed for

lack of merit, with costs against plaintiff.

Defendant further prays for such other reliefs as may be just and equitable in the
premises.

Cebu City, April 4, 2010.

 VERIFICATION

Defendant, of legal age, after having been duly sworn, deposes and says:

1. That he has caused the preparation of the foregoing answer with defenses,
and the allegations therein are true and correct of his personal knowledge and/or
based on authentic records.

2. That he further states that the promissory note, Annex “A” of the complaint, is
a forgery and his signature therein has been forged, he not having executed the
said promissory note.

Executed this ____ day of March, 200__ at Manila.

Defendant
Affiant
Form 33

BILL OF PARTICULARS

x---------------------------------------------x

MOTION FOR BILL OF PARTICULARS

Defendant, by counsel and to this Honorable Court, respectfully states:

1. The complaint alleges that defendant public official, together with herein
defendant movant, acting singly or collectively, and/or in unlawful concert with
one another, in flagrante breach of public trust and of sheer fiduciary obligations
as public officers, with gross and scandalous abuse of right and power and in
brazen violation of the Constitution and laws of the Philippines, embarked upon a
systematic plan to accumulate ill-gotten wealth.

2. The foregoing allegations are conclusive of law, which plaintiff should clarify
and flesh them with facts and specific acts to enable defendant-movant to
prepare and file a responsive answer thereto which requires information as to the
precise nature, character, scope and extent of plaintiff’s cause of action.

WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars

of the facts and acts constituting the conclusions alleged in the complaint.
Form 34

NOTICE OF LIS PENDENS

The Register of Deeds

City/Province of _____.

RE: NOTICE OF LIS PENDENS

On TCT No. ________

Sir:

Please register a notice of lis pendens of Civil Case No.________(or CA-G.R.

No.______) on TCT No._______ of the Registry of Deeds for City Province of
________, covering a parcel of land, which is involved in Civil Case No.________ of the
RTC of ___________ (or involved in the petition filed with the Court of Appeals in CA-
G.R. No.______, of the following parties:

Jose Pedro and Juan de la Cruz, as plaintiff and defendant in said Civil Case
No._______ (or Jose Pedro and Juan de la Cruz as petitioner and respondent in said
CA-G.R. No.______). In this case, plaintiff/petitioner is claiming ownership of the land
which was registered be defendant/respondent in his name, although the parcel of land
belongs to plaintiff/petitioner. (Or describe the object of the civil case and the
participation or connection of the parties in said case.)

The land involved and covered by TCT No.________ is described in said title as
follows:
(Copy technical description of land.)

True copy of the complaint in Civil Case No.________(or petition in said CA-G.R.
No.______) is enclosed herewith, as part and parcel of this Notice of Lis pendens.

The address of the person seeking registration of this lis pendens is

_______________.

Place and date.

Form 35

MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

PLAINTIFF, by counsel and to this Honorable Court respectfully moves for leave
to file an amended complaint, by alleging facts more clearly and specifying the facts in a
more methodical manner, upon which certain conclusions are made. The amended
complaint, showing the amendments by underlining them or indicating by appropriate
way what have been deleted therefrom, is attached hereto as Annex “A.”

WHEREOF, plaintiff prays that he be given leave of court to file an amended

complaint, which is attached herewith, and that the same be admitted.

Plaintiff prays for such other reliefs as may be just and equitable in the premises.