Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

Branch 04, CABIAO-SAN ISIDRO
Province of Nueva Ecija

CITIZENS RURAL BANK

Plaintiff,
Civil Case No. __________
-versus- For: Revival of Judgment

MERLINDA SANTIAGO and

MARIBEL A. INGUSAN
Defendants.

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

COMPLAINT

PLAINTIFF, by the undersigned counsel, to this Honorable Court,

respectfully alleges:

1. That the plaintiff is a domestic banking corporation, duly organized and

existing under the law of the Republic of the Philippines, and with principal
office address at Citizens Rural Bank Bldg., San Juan Norte, Cabiao,
Nueva Ecija. Attached hereto as Annex “A” is the Certificate of
Incorporation.

2. That the Plaintiff is represented by Cecilia D. Tumpalan, of legal age,

Filipino, and General Manager of Citizens Rural Bank with office address at
Citizens Rural Bank Bldg., San Juan Norte, Cabiao, Nueva Ecija, as per
Board Resolution, a copy of which is attached hereto as Annex “B” and
made an integral part hereof.

3. That defendant Merlinda G. Santiago is of legal age and a resident of #66

Consuelo Subdivision, Bayanihan, Gapan, Nueva Ecija, and Maribel A.
Ingusan, likewise of legal age, Filipino, and with residence at Brgy.
Bonifacio, San Leonardo, Nueva Ecija where they may be served with
notices, orders, and other Court processes.

4. That the plaintiff filed a complaint for Collection of Sum of Money

docketed as Civil Case No. 2010-25 against herein defendants alleging
among others that defendants jointly and severally execution a
 promissory note dated March 30, 2007 in the principal amount of TWENTY
FIVE THOUSAND PESOS (25,000.00) in favor of plaintiff, agreeing at the
same time to pay 10% interest per annum and 3% penalty per month.

A copy of the complaint is attached hereto as Annex “C”.

5. In addition, plaintiff also alleged in its complaint that despite maturity of

said Promissory Note on March 24, 2008, said note has remained unpaid
despite repeated oral and written demands to pay.

6. In its complaint, plaintiff respectfully prayed that judgment be rendered

ordering the defendants to pay jointly and severally the plaintiff of the
sum of TWENTY FOUR THOUSAND EIGHT HUNDRED PESOS (24,800.00), the
sum equivalent to 10% of the principal amount per annum by way of
interest and 3% of the same amount per month by way of penalty from
maturity of the promissory note on March 24, 2008 until full payment plus
10% of the total amount due as and by way of attorney’s fees with cost.

7. On July 19, 2010, the Metropolitan Trial Court of Cabiao-San Isidro, Branch
04 rendered a decision ordering the defendants MELINDA G. SANTIAGO
AND MARIBEL A. INGUSAN to jointly and severally pay the plaintiff. The
dispositive portion of the judgment states as follows:

“BECAUSE OF THE FOREGOING, judgment is hereby rendered

by ordering the defendants Melinda G. Santiago and Maribel
A. Ingusan to pay the plaintiff the amount of P24,800.00 with
stipulated interest of 10% per annum starting from the date of
maturity of the loan on March 24, 2008, until fully paid,
ordering the defendants the 1% per month of the principal
loan as penalty, 10% attorney’s fees and to pay the cost of
this suit.
SO ORDERED.”

A certified copy of the decision is attached hereto as Annex “D”.

8. In view of the absence of a Motion for Reconsideration or Notice of

Appeal and without any further pleading filed by the defendants herein,
the judgment became final and executor sometime in August 2010.

9. Beginning from the date when the decision became final and executory
in 2010, no motion for execution was filed by herein plaintiff in order to
execute or enforce the said judgment. However, Plaintiff made earnest
 efforts to demand the payment of said judgment to herein defendants
but to no avail.

10. As such, plaintiff is now exercising its right in filing this action to enforce
and execute said judgment.

11. Article 1144(3) and Article 1152 of the Civil Code grants the prevailing
party the right to institute an action for the execution of a final and
executor judgment. It provides:

“Art. 1144. He following actions must be brought within ten

years from the time the right of action accrues:
xxx
(3) Upon a judgment

Art. 1152. The period for prescription of actions to demand

the fulfillment of obligations declared by a judgment
commences from the time the judgment became final.”

12. Apropos to the above Article, Section 6, Rule 39 of the Rules of Court
instructs that:

“Sec. 6. Execution by motion or by independent action. – A

final and executor judgment or order may be executed on
motion within five (5) years from the date of its entry. After the
lapse of such time and before it is barred by the statute of
limitations, a judgment may be enforced by action. The
revived judgment may be enforced by motion within five (5)
years from the date of its entry and thereafter by action
before it is barred by the statute of limitations.”

13. In the case of Mary Bausa et. al. v. Heirs of Juan Dino, GR 167281, August
28, 2008, the High Court enunciated that “an action for revival of
judgment is governed by article 1144 (3) of the Civil Code and Sec. 6, Rule
39 of the Rules of Court. Pursuant to Sec. 6 of Rule 39, once a judgment
becomes final and executory, the prevailing party can have it executed
as a matter of right by way of motion within five years from the date of
entry of the judgment. If the prevailing party fails to have the decision
enforced by a motion after the lapse of five years from the date of its
entry, the said judgment is reduced to a right of action which must be
enforced by the institution of a complaint in a regular court within 10 years
from the time the judgment became final.”
 14. Thus, herein plaintiff’s execution by independent action is not barred by
the statute of limitations and thus within the time where judgment may be
enforced by action.

PRAYER

WHEREFORE, premises considered, this Honorable Court is most

respectfully prayed to render judgment for the plaintiff and against the
defendants, enforcing the decision dated July 19, 2010 rendered by this
Honorable Court, viz:

1) Ordering the defendant to pay the plaintiff the amount of P24,800.00

with stipulated interest at 10% per annum starting from the date of
maturity of the loan on March 24, 2008 until fully paid, and to pay 1%
per month of the principal loan as penalty from March 24, 2008 until
fully paid;

2) Ordering the defendant to pay 10% attorney’s fees;

3) Ordering the defendant to pay the cost of this suit.

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

Quezon City for Cabiao, Nueva ecija. Aplril 26, 2019.

KAREN C. SMITH
Roll No. 70273, June 2, 2017
IBP No. 036379, PPLM, 03/072018
PTR No. 1356190, 03/062018
MCLE Exempted (New Lawyer)
402 E. Rodriguez Sr. Avenue, Cubao, Quezon City
 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, CECILIA D. TUMPALAN, of legal age, after having been sworn to in

accordance with law, hereby depose and state:

1. I am the duly authorized representative of the plaintiff corporation to sign

the verification in the above-titled case;

2. I have caused the preparation of the foregoing action for Revival of

Judgment;

3. I have read and understood the allegations of the action for revival of
judgment and that the allegations contained herein are true and correct
to the best of my personal knowledge and authentic records;

4. I certify that I or the corporation have not commenced any other action
or proceeding involving the same issues in the Supreme Court, Court of
Appeals, or different divisions thereof, or any other tribunal or agency;

5. To the best of my knowledge, no such action is pending in the Supreme

Court, Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that similar actions or proceedings have been

filed or is pending before the Supreme Court, Court of Appeals or
different divisions thereof, or any other tribunal or agency, I shall
undertake to report that fact to the Honorable Court of the status thereof
wherein the original pleading and sworn certification contemplated
herein have been filed within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of

___________________at____________________________.

CECILIA D. TUMPALAN
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ______ day of ___________________at
____________________________________ affiant exhibiting to me her
_______________________ as well as other competent evidence of her identity.

Doc. No.
Page No.
Book No.
Series of 2019

Copy furnished: