REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 23, Mandaluyong City

Brainy Kids Montessori

represented by Min Chin,
President
Plaintiff,

- versus - Civil Case No. 31

For: Collection of
Sum of Money

Security Bank – Kalentong Branch

represented by Leilani Cabras,
Branch Manager
Defendant.
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MOTION FOR LEAVE OF COURT

TO FILE THIRD PARTY COMPLAINT

DEFENDANT, by counsel, respectfully states:

1. Plaintiff sued defendant for collection of sum of money

arising from the nine (9) checks enchased in the account of Brainy Kids
Montessori by a certain Magna Nacao in the total amount of Seven
Hundred Eighty Thousand Pesos (Php. 782,000.00). And upon
presentment for payment Security Bank – Kalentong Branch
(hereinafter defendant) debited in the account of the plaintiff.

2. However, without necessarily admitting the allegations in the

complaint, defendant honoured the forged checks presented for
encashment by May Calocojan who is not impleaded as defendant.
Hence, resolution of this case cannot be complete without impleading
Calocojan.

3. Defendant therefore move that the Honorable Court admit the

filing of the attached Third Party Complaint against May Calocojan for
the reasons stated therein, and that it be served upon the third party
defendant.

Prayer

WHEREFORE, defendant prays that the Honorable Court admit

the attached Third Party Complaint, and that summons be served
upon May Calocojan.

Other remedies equitable under the premises are likewise prayed

for.

IN WITNESS WHEREOF, I have hereunto set my hand this

5th day of December 2018 in Mandaluyong City.

Atty. CELINE B. DION

Counsel for Defendant
PTR No.18909959:2-03-09:B.C
IBP No.543251:2-03-09:B.C
Roll No.54362:6-09-96
(7 Ipil-ipil St., Northview, Batasan Hills,
Quezon City)
5 MCLE Compliance No.V-00031387
th

SUBSCRIBED AND SWORN to before me this 5th day of

December 2018 in the City of Mandaluyong, Philippines, Counsel for
defendant exhibited to me her IBP ID No.543251:2-03-09:B.C as valid
proof of identity.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2018