Professional Documents
Culture Documents
LUKE DEIDER,
Plaintiff,
-versus-
COMPLAINT
PARTIES
Page 1 of 9
and existing by and under the laws of the Philippines, with its
principal place of business at Hinatuan, Surigao del Sur, per last
General Information Sheet (GIS) filed with the Securities and
Exchange Commission (SEC), and may be served with orders and
processes of this Honorable Court through its counsel at Suite 1508
Keppel Center Samar Rosales Ave, Ayala-Cebu Business Park.
MATERIAL ALLEGATIONS
Page 2 of 9
7. Pursuant to DEIDER’s condition, ARIANNE, through her sister and
vice-president of SISC, Rona Santos, issued a letter dated February
23, 2010, which affirmed and confirmed that DEIDER is a creditor of
SISC in the amount of Twenty Five Million Four Hundred Thousand
Pesos (P25,400,000.00). A copy of the letter is attached herein as
Annex “C”. Moreover, a copy of the Board Resolution authorizing
Rona Santos and defendant ARIANNE to enter into a loan agreement
in behalf of SISC is attached in this complaint as Annex “D”.
8. Furthermore, the same February 23, 2010 letter also indicated that the
debtor corporation, SISC, undertakes that after the loaned amount is
deposited to the bank account of the corporation, a Promissory Note in
favor of DEIDER shall be executed to secure DEIDER’s creditor
position in SISC and that the said promissory note is to be the joint
obligation of defendants SISC and ARIANNE.
10. On May 3, 2010, two days after the full amount of the loan has been
deposited to the bank account of SISC, SISC, through Rona Santos,
executed a Promissory Note in favor of DEIDER and indicated that
the obligation was to become due and demandable three (3) years
from its execution. Moreover, the same promissory note provided that
the obligation is to be interest-bearing at a rate of twenty-five percent
(25%) per annum, to wit:
Page 3 of 9
I, RONA SANTOS, executed this document in behalf of Surigao Island
Sales Corporation (SISC) and Ms. Arianne Santos (MS. ARIANNE),
for the VALUE RECEIVED, promise to pay to the order of LUKE
DIEDER, at his residence in 1016 Condominium, Luzon Avenue,
Cebu Business Park, Cebu City, the principal amount of TWENTY-
FIVE MILLION FOUR HUNDRED THOUSAND PESOS
(P25,400,000.00) on or before 3 May 2013. In addition to the
foregoing, SISC and MS. ARIANNE promise to pay interest at the rate
of Three (25%) percent per annum, starting the 3rd day of May, 2010
until this note is fully paid.
11. When the loan fell due on May 3, 2013, DEIDER demanded for
payment. Three demand letters were sent on different occasions to
SISC and ARIANNE. The demand letters were dated and sent on the
following dates: (1) May 5, 2013; (2) June 5, 2013; and (3) July 5,
2013. Copies of the demand letters are attached herein as Annex “G-
1”, Annex “G-2” and Annex “G-3”.
12. However, despite repeated demands for the payment of the loan,
these were all unheeded by SISC and ARIANNE.
Page 4 of 9
15. Plaintiff has a valid and sufficient cause of action against the
defendants regarding the collection of sum of money which is already
due and demandable.
17. The defendant SISC has removed or disposed of its properties with
intent to defraud its creditors by placing the properties purchased by
the corporation in the names of KERVEN FLORES, RAISAH
TUMULAK, NIGEL GONZAGA and ARIANNE SANTOS thereby
rendering nugatory and ineffective whatever money judgment this
honorable court may render in this case.
PRAYER
Page 5 of 9
2. The defendants be ordered to pay to plaintiff the amount of
TWENTY-FIVE MILLION FOUR HUNDRED THOUSAND (P25,
400,000) with interest rate of 25% per annum from the time of default
of the obligation.
Other just and equitable reliefs under the law are likewise prayed for.
Page 6 of 9
ATTY. KENNETH OPINA
Roll of Attorneys No. 71248
PTR NO. 05105, 05/17/18, Cebu City
IBP NO. 69690, 11/24/18, Cebu City
MCLE Comp. No. VI-000748322, 01/02/18
Page 7 of 9
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) SS.
x----------------------------x
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.
LUKE DEIDER
Affiant
Page 8 of 9
issued on January 17, 2016 at Cebu City, known to me as the same person
who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument.
WITNESS MY HAND AND SEAL this 16th day of August, Cebu City,
Philippines.
Page 9 of 9