You are on page 1of 5

Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


5th Judicial Region
Legazpi City

CHRISTINE SY,
Plaintiff,
versus
LEONORA DELA CRUZ and
TERESA SANTOS,
Defendants.
/----------------------------------------------------------/

Civil Case No. 401


For: Collection of Sum
of
Money with Damages

COMPLAINT
Plaintiff, by counsel, to this Honorable Court, most
respectfully sets forth that:
1. Plaintif is of legal age, Filipino citizen, single, a resident of ,
Block 7, Lot 37, Ibalong Village, Taysan, Legazpi City, and
with capacity to sue and be sued. The Honorable Courts
notices, order and other processes may be sent to Almojuela
Law Office at Pearanda Ext. St., Bonot, Legazpi City 4500.
2. Defendant LEONORA DELA CRUZ is of legal age, Filipino
citizen, married, with capacity to sue and be sued, and a
resident of of Inner Court Subd., Molave St., Washington
Drive, Legazpi City, Albay where she may be served with
Summons, a copy of this Complaint, and other Courts
processes.
3. Defendant TERESA SANTOS is likewise of legal age, Filipino
citizen, married with capacity to sue and be sued, and a
resident of 215 Diego Silang St., Maoyod, Legazpi City where
she may be served with Summons, a copy of this Complaint,
and other Courts processes.
Page 1 of 5

4. On April 29, 2014, defendants borrowed and received from


plaintiff the amount of Php245,000.00. Simultaneously, they
jointly executed a Trust Receipt Agreement and
Promissory Note for said obligation.
In the same
instruments, defendants agreed and promised to pay the
said loan on installment at Php8,575.00 for 60 months,
inclusive of 1.83% monthly interest. Attached and made
integral part hereof is a machine copy of the Trust Receipt
Agreement and Promissory Note as Annexes A and B.
5. To facilitate their monthly payments, defendant Leonora Dela
Cruz guaranteed her salary from the Department of
Education through Landbank CA#2765-0117-69 and
surrendered to plaintiff her Automated Teller Machine (ATM)
card and corresponding Personal Identification Number (PIN).
6. Up to the present time, defendants only paid Php93,975.00
to plaintiff because the ATM card of Leonora Dela Cruz was
already blocked.
7. Repeated verbal demands were initially resorted to by the
plaintiff to replace the blocked ATM card or pay their past
due account. Despite repeated plea, defendants refused and
failed to settle their obligation.
8. Since her efforts to talk it out with the defendants were
unsuccessful, plaintiff caused to be prepared and served
upon defendants a written demand to pay with attached
statement of account, demanding payment of the unpaid
principal loan and accrued interest with a total amount of
Php420,525.00. Such demand letters were sent defendants
via registered mail on July 5, 2015 and were received on July
10, 2015. Attached and made integral part hereof are true
copies of Demand for Payment sent to Leonora Dela Cruz as
Annex C , Notice of Demand to Debtor/ Promissor sent to
Teresa Santos as Annex D, Statement of Account as
Annex E and corresponding Registry Return Cards as
Annexes F and G.
9.

Despite such written demand, defendants failed and


continuously failed to settle their obligation.

10.
As a consequence of defendants failure to pay despite
repeated demands, plaintiff was deprived of her right to
recover the loaned amount and accrued interest.
In
addition, she was compelled to secure the services of a
lawyer to protect her interest and enforce her rights and thus
Page 2 of 5

committed to pay attorneys fees of P50,000.00. She also


incurred paying docket and filing fees which could have been
avoided had defendants been fair and honest in dealing with
the plaintiff.

PRAYER
WHEREFORE, plaintiff respectfully prays for judgment
from the Honorable Court ordering defendants:
1.

To indemnify plaintiff the amount of Php420,525.00


representing the balance of the principal loan and
accumulated interest.

2.

To be assessed with Attorneys Fees in the amount of


Php50,000.00.

3.

To reimburse the plaintiff with docket and filing fees.

4.

To pay the cost.


September 29, 2015 at Legazpi City, Philippines.

JUSTINE RIA M. ALMOJUELA


Counsel for Plaintiff
IBP No._______;__________; Albay
PTR No_______; _________; Leg. City
Attorneys Roll No. _______
MCLE _______/__________
ALMOJUELA LAW OFFICE
Pearanda Ext. St., Bonot
Legazpi City 4500
Tel No. _______

Page 3 of 5

VERIFICATION AND CERTIFICATE


OF NON-FORUM SHOPPING
I, CHRISTINE SY, is of legal age, Filipino citizen, single, a
resident of Block 7, Lot 37, Ibalong Village, Taysan, Legazpi City,
and with capacity to sue and be sued on oath, deposes and state:
1. That I am the plaintiff in the above-titled complaint
against Leonora Dela Cruz and Teresa Santos for
collection of sum of money with damages;
2. That I have caused this Complaint to be prepared and
filed; I have read and understood its contents which are
true and correct of my own personal knowledge and
belief on the basis of my reading and appreciation of
documents and other documents pertinent thereto;
3. That I have not commenced any action or proceeding
involving the same issues in the Supreme Court, the
Court of Appeals or any other Court, Tribunal or Agency;
4. That to the best of my knowledge, no such action or
proceeding is pending in any other court, tribunal or
agency;
5. That, if I should learn thereafter that a similar action or
proceeding has been filed or is pending before these
Courts, tribunal or agency, I undertake to report that fact
to the Honorable Court within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this
September 29, 2015 at Legazpi City.
CHRISTINE SY
Plaintiff/Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in
and in for the City of Legazpi , this September 29, 2015. The
plaintiff-affiant personally appeared and exhibited her Passport
No. WW0536960 bearing her photograph and signature, issued
by the Department of Foreign Affairs at Legazpi City and valid
until March 2016 as competent proof of identity. She is also
known to me as the same person who personally signed the
foregoing Verification and Certificate of Non-Forum Shopping and
Page 4 of 5

avowed under penalty of law the whole truth of the contents of


said Verification and Certificate.
JUSTINE RIA M. ALMOJUELA

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2015.

Page 5 of 5

NOTARY PUBLIC
UNTIL __________
FOR AND IN THE PROVINCE OF ALBAY
MCLE COMPLIANCE NO. _________/_________
PTR No.____________;___________; Leg. City
IBP No. __________; __________; Albay
ATTORNEYS ROLL NO. ___________
Serial/Docket No. ____________

You might also like