Professional Documents
Culture Documents
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COMPLAINT
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;
PRAYER
rendered against the defendant ordering the latter to pay the plaintiff as
follows:
4. Cost of suit.
Other reliefs just and equitable under the premises are likewise
prayed for.
VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
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.
Plaintiff
NOTARY PUBLIC
Doc. No._____
Page No. ____
Book No. _____
Series of _____
ANNEX “A”
PROMISSORY NOTE
JOHN S. SANTOS
Maker
ANNEX “B”
DEMAND LETTER
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.
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Sincerely,
ANNEX “C”
DEMAND LETTER
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,
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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 attorney’s
fees, and any other related costs.
Sincerely,
ANNEX “E”
— against —
JOHN S. SANTOS
Respondent
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.
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Attested:
ANNEX “F”
NOTICE OF HEARING
FORM 4-SCC
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.
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Branch Clerk of Court