Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10th Judicial Region
Branch ___
Cagayan de Oro City

ABC CORPORATION Civil Case No. _______

(represented by JUAN DELA CRUZ)
Plaintiff, FOR: Recovery of a
Sum of Money,
-versus- Damages and
Preliminary
PEDRO DE LOS SANTOS Attachment
Defendant.
x---------------------------------------------/

COMPLAINT

PLAINTIFF, by and through the undersigned counsel, and unto this

Honorable Court, most respectfully avers that:

The Parties

1. The plaintiff ABC CORPORATION, is a corporation duly existing

and operating under the laws of the Philippines and engaged in the business
of lending money with business address at 123 Corrales St., Cagayan de Oro
City. ABC Corporation in herein case is duly represented by its President,
JUAN DELA CRUZ, Filipino, married, of legal age, and a resident of 124
Corrales St., Cagayan de Oro City. A copy of the Secretary Certificate issued
by ABC Corporation conferring him with such authority to bring the case in
behalf of the plaintiff is hereto attached as Annex “A”. Plaintiff may be
served with notices, orders and processes of this Honorable Court through
undersigned counsel;

2. The defendant is PEDRO DE LOS SANTOS, Filipino, single, of legal

age and a resident of Cagayan de Oro City. He may be served with notices,
orders and processes of this Honorable Court at Cagayan de Oro City.

Causes of Action

Action for Recovery of

a Sum of Money
3. On December 01, 2017, Pedro de los Santos borrowed money from
ABC Corporation in the amount of FIVE HUNDRED THOUSAND PESOS
(₱ 500,000.00) and due on December 15, 2017;

4. On December 15, 2017, Pedro de los Santos, however, failed to pay

his obligation;

5. Thus, on December 16, 2017, ABC Corporation demanded in writing,

that Pedro de los Santos pay his obligation. A copy of the Demand Letter is
hereto attached as Annex “B”;

6. Despite demand, Pedro de los Santos has yet to settle his obligation
with ABC Corporation until today;

Action for Damages

7. The plaintiff in order to enforce his rights and interests, sought the
services of a counsel. Plaintiff had to pay Attorney’s Fees in the amount of
20% of the principal obligation.

8. The plaintiff likewise incurred litigation expenses and costs of suit;

9. Plaintiff suffered sleepless nights due to mental anguish caused by

defendants failure to pay his obligation.

Application for Temporary

Preliminary Attachment

10. ABC Corporation discovered upon checking with the Register of

Deeds, that Pedro de los Santos is an owner of a parcel of lot located in
Xavier Estates, Upper Balulang, Cagayan de Oro City. A copy of the Torrens
Certificate Title of the lot designated with TCT No. ______ is hereto
attached as Annex “C”;

11. Pedro de los Santos in order to escape his obligations has purchased
an airline ticket to Kalasungay, Bukidnon, North Africa. A copy of the plane
ticket is hereto attached as Annex “D”;

12. Rule 57, Section 1 of the Rules of Court provides that at the
commencement of an action a plaintiff may have the property of the adverse
party attached as security for the satisfaction of any judgment in an action
for recovery of money or damages on a cause of action arising from contract
against a party who is about to depart from the Philippines with intent to
defraud his creditors.

13. Plaintiff is ready and willing to give a bond to be fixed by this

Honorable Court, executed to the defendant, to answer for all costs which
may be adjudged to the latter, and all damages which defendant may sustain
by reason of the attachment prayed for, if the court shall finally adjudge that
Plaintiff is not entitled thereto. In support of the foregoing allegations, the
Plaintiff has attached hereto his affidavit;

14. Demonstrable from the foregoing antecedents, is a failure of the

defendant to pay his obligation and his act of escaping the country shows his
intent to evade his obligation. As such, and conformably with the laws, an
action for recovery of sum of money with damages and preliminary
attachment may properly be sought by the plaintiff as the party injured.

PRAYER

WHEREFORE, in view of the foregoing premises, it is most

respectfully prayed of the Honorable Court that after trial on the merits,
judgment be rendered in the following:

1. An order be issued compelling the defendant to pay his

obligation;

2. That the Defendant pay for moral damages in the amount of

₱10,000.00;

3. That the Defendant pay for Attorney’s Fees equivalent to 20% of

the Principal Obligation;

4. That the Defendant pay for Acceptance Fee in the amount of

₱20,000.00, appearance fee, cost of suit and other litigation
expenses; and

5. That the Honorable Court issue a preliminary attachment on

Defendant’s property with TCT No. ______.

Other reliefs just and equitable are likewise prayed

Most respectfully submitted.

Cagayan de Oro City, Philippines, January 05, 2018.

STEVENSON S. YU
PTR O/R NO. 9874532; 01-04-18
IBP O/R NO. 008652; 01-14-18
MCLE NOT YET COVERED
ROLL NO. 69350
Cagayan de Oro City
Tel. No. 987-321
REPUBLIC OF THE PHILIPPINES )
CAGAYAN DE ORO CITY ) S.S.
x-------------------------------------------------------/

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, JUAN DELA CRUZ, of legal age, married, Filipino citizen, and a

resident of 124 Corrales St. Cagayan de Oro City, declare under oath that:

1. I am the duly designated representative of the Plaintiff in the above-

entitled case;

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

and after reading the same, I certify that the allegations therein are
true and correct to the best of my personal knowledge and
information and authentic documents;

3. I hereby certify that I have not commenced any other action or

proceedings involving the same issues in the Supreme Court, Court
of Appeals, or any tribunal or agency, to the best of my knowledge,
no such action or proceeding is pending in the Supreme Court, Court
of Appeals, or different divisions thereof, or any tribunal or agency,
and if I should learn thereafter of a similar petition before the said
aforesaid court or agency, I will promptly inform this Honorable
Court and the aforesaid courts or agencies of such fact within five (5)
days from my knowledge thereof.

Cagayan de Oro City, Philippines, January 05, 2018.

_______________________
Affiant

_______________________

SUBSCRIBED AND SWORN to before me this _____________ in

Cagayan de Oro City, Philippines; Affiant exhibited to me the above-indicated
identification card as proof of her true and correct identity.

Doc No. _____

Page No. ____
Book No. ____
Series of 2018
REPUBLIC OF THE PHILIPPINES)
CAGAYAN DE ORO CITY ) Sc.

SECRETARY’S CERTIFICATE

I, JUANA DELA CRUZ, Filipino, married, of legal age and a resident

of 124 Corrales St., Cagayan de Oro City, after having been duly sworn to in
accordance with law, do hereby depose and state:

1. That I am the corporate secretary of ABC Corporation with principal

business address at 123 Corrales St., Cagayan de Oro City;

2. That the Board of Directors has its meeting on December 3, 2018;

3. That in the meeting, the Board passed and approved a Board

Resolution as follows:

4. The foregoing in accordance with the records of the Corporation;

5. A quorom was obtained during the meeting of the Board;

6. I am executing this sworn statement to attest to the truth of the

foregoing and for whatever legal purposes it may serve.

IN WITNESS WHEREOF, the undersigned hereunto affixed her

signature on December 04, 2018, in the City of Cagayan de Oro.

_____________________
Juana dela Cruz

SUBSCRIBED AND SWORN TO before me on December 04, 2018,

in the City of Cagayan de Oro. Affiant exhibited to me her Driver’s License
numbered K-14-678543 expiring on September 24, 2019;

STEVENSON S. YU
PTR O/R NO. 9874532; 01-04-18
IBP O/R NO. 008652; 01-14-18
MCLE NOT YET COVERED
ROLL NO. 69350
Cagayan de Oro City
Tel. No. 987-321
Doc No. _____
Page No. ____
Book No. ____
Series of 2018
REPUBLIC OF THE PHILIPPINES )
CAGAYAN DE ORO CITY )S.S.
x-------------------------------------------------------/

AFFIDAVIT OF GOOD FAITH

I, JUAN DELA CRUZ, Filipino, of legal age, married and a resident

of 124 Corrales St., Cagayan de Oro City, after having been duly sworn to in
accordance with law, do hereby depose and say:

1. That I am the duly designated representative of the plaintiff in the

above-entitled case;

2. That the plaintiff has a good and sufficient cause of action against
the defendant;

3. That this action is one of those specifically mentioned in Sec. 1 of

Rule 57 of the Rules of Court, namely that Defendant was about to
depart the country with intent to defraud his creditors;

4. That the amount due to the plaintiff in this case is P500,000.00,

excluding legal fees and other charges, above all legal
counterclaims;

5. That there is no sufficient security for the claim sought to be

enforced by the present action.

IN WITNESS WHEREOF, I have hereunto set my hands this July 05,

2018, at Cagayan de Oro City.

_______________________
Affiant

_______________________

SUBSCRIBED AND SWORN to before me this _____________ in

Cagayan de Oro City, Philippines; Affiant exhibited to me the above-indicated
identification card as proof of her true and correct identity.

Doc No. _____

Page No. ____
Book No. ____
Series of 2018