Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch ____
Fourth Judicial Region
Lipa City, Batangas
LIMCOMA MULTI-PURPOSE
COOPERATIVE,
Represented by Rolando Maribbay,
Plaintiff,
CIVIL CASE NO. _____
For: Collection of Sum of
Money and Damages

- versus_________________________,
Defendant.
X------------------------------------------------X

COMPLAINT
PLAINTIFF, through counsel, most respectfully alleges that:

1. Plaintiff, LIMCOMA MULTI-PURPOSE COOPERATIVE, is a cooperative

duly organized and existing under the laws of the Republic of the Philippines, with
business address at Sabang, Lipa City, represented herein by Rolando Maribbay, Filipino,
of legal age, married and resident of Gen. Luna St., Sabang, Lipa City. Copy of the
Secretary Certificate is attached hereto as Annex A and made an integral part hereof;
2. Defendant ______________________, is a Filipino, of legal age, married and
resident of 168 Purok Yakal, Inicbulan, Bauan, Batangas, where he may be served with
summons, notices, orders and other legal processes of the Honorable Court;
3. Plaintiff, as a cooperative, is engaged in the production and sale of animal feed
products to its members. It launched a feed subsidy program wherein it will provide
swine feeds on account to qualified members, the payment of which is subject to the
terms and condition embodied in an Agreement, to be executed after the approval of the
application for feed subsidy by the member. Defendant is a member of plaintiff
cooperative with Member ID No. M-3624;
4. On April 6, 2002, defendant, applied for feed subsidy for 50 heads. The
application was approved on August 9, 2002. Copy of the Feed Subsidy Application
Form is attached hereto as Annex B and made an integral part hereof;

5. Subsequently, an Agreement under Feed Subsidy Batch No. 8-59 and schedule
of feeds withdrawal was prepared wherein a total of 200 bags of swine feed can be
withdrawn by the defendant from August 16, 2002 to November 10, 2002, who in turn
will deliver to plaintiff post-dated checks every withdrawal, as security for the payment.
The total amount of swine feeds shall be paid by the defendant on December 2, 2002, or
else the post-dated checks placed as security will be deposited. The amount of swine
feeds withdrawn shall have an interest of 1.5% per month from the time of withdrawal.
Copy of the Agreement under Feed Subsidy Batch No. 8-59 and schedule of feeds
withdrawal is attached hereto as Annex C and made an integral part hereof;
6. Defendant, under Feed Subsidy Batch 8-59 made feeds withdrawals from
August 26, 2002 to November 7, 2002 as follows:
Date

Invoice No.

Amount

Aug 26, 02
Aug 29, 02
Sept 7, 02
Sept 20, 02
Oct 1, 02
Oct 14, 02
Oct 31, 02
Nov 7, 02

1683196
1683335
1683719
1742298
1742767
1743285
1743961
1744213

P 10,365.00
8,880.00
11,100.00
16,650.00
11,100.00
19,020.00
13,320.00
21,090.00

Total Principal Amount of Purchases

P 111,525.00

Copies of the Invoices are attached hereto as Annexes D, E, F, G, H, I, J

and K respectively and made integral parts hereof;
7. Instead of issuing post-dated checks for every withdrawal of feeds, defendant
issued two (2) blank checks of Active Bank and instructed the plaintiff to fill-up the total
amount of his obligations. But he assured plaintiff that the total amount of purchases on
account will be paid on December 2, 2002;
8. Defendant failed to pay the total amount of his obligations on December 2,
2002 and despite earnest efforts made by the plaintiff to collect, defendant failed to pay;
9. On February 22, 2003, plaintiff filled-up the two (2) blank checks issued by the
defendant for a total amount of P 182,857.99, the total amount of the obligation,
including his balance in a previous feed subsidy agreement under Feed Subsidy Batch 745 together with interests and penalties as of that date. But upon presentment for
payment, both checks were dishonored by non-payment for a common reason, account
closed; Copy of the two Active Bank checks issued by the defendant that were
dishonored by non-payment is attached as Annex L and made integral part hereof;

10. Plaintiff exerted efforts to collect extra-judicially from defendant but it was
only on January 14, 2010 he was able to pay P 10,000.00 and promised to pay the balance
on installments. Since then, defendant failed to pay the balance of the obligation despite
repeated personal demands made by the representatives of the plaintiff;
11. As of January 30, 2012, defendant still has an outstanding total principal
obligation of P111,832.78, inclusive of P307.78 balance from a previous feed subsidy
agreement under Feed Subsidy Batch 7-45. Copy of the Statement of Account as of
January 30, 2012 is attached hereto as Annex M and made integral part hereof;
12. Plaintiff, through counsel, sent a demand letter to the defendant demanding
the payment of the amount of P365,707.57, inclusive of interest and penalty as of January
30, 2012. Defendant just promised to pay on installments starting May 24, 2012. Copy of
the Demand Letter is attached hereto as Annex N and made integral part hereof;
13. No single installment payment was made by the defendant. It appears that
defendant has no intention of paying his obligation extra-judicially. Plaintiff has no more
recourse but to judicially demand from the defendant its payment and was constrained to
initiate the present suit to enforce and protect its rights, for which it engaged the services
of the undersigned law firm in an amount of P11,183.28 (10% of the total principal
amount of the obligation), by way of attorneys fees plus Php1,500.00 per court
appearance.
PRAYER
WHEREFORE, premises considered, plaintiff most respectfully prays of this
Honorable Court that after due hearing, judgment issue be rendered in favor of the
plaintiff and against defendant, ordering the defendant as follows:
1. To pay the total outstanding principal amount of P111,832.78;
2. To pay the accrued interest of P253,874.79 as of January 30, 2012, plus
interest from that date to the termination of this suit;
3. To pay the amount of P11,183.28 as and by way of attorneys fees plus
Php1,500.00 per court appearance;

4. To pay costs of suit.

Other reliefs and remedies as are just and equitable under the premises are
likewise prayed for.
Batangas City for Lipa City, August 21, 2012.

MANALO & CLEMENO

LAW OFFICES
Counsel for Plaintiff
1st Flr. N. Sangalang Bldg.
C. Tirona St., Batangas City
By:

RICARDO B. MANALO II
Roll No. 43030
IBP No. 829594 Dec. 20, 2011 Batangas City
PTR No. 1680123 Jan. 2, 2012 Batangas City
MCLE Exemption No. III-000657
December 16, 2009

VERIFICATION AND CERTIFICATION

I, Rolando Maribbay, Filipino, of legal age, married and resident of Gen. Luna
St., Sabang, Lipa City, after having been sworn to in accordance with law, hereby
deposed and state that:
1.That I am the duly authorized representative of the plaintiff in the abovecaptioned complaint;
2.I caused the preparation and filing of the foregoing complaint and certifies that I
have read and understood the same and that the averments contained therein are true and
correct of my own knowledge and based on authentic documents;
3.That no other action or proceedings involving the same issues has been hereto
commenced any action/proceeding involving the matters/issues taken up in the present
petition with the Supreme Court/Court of Appeals/Regional Trial Court, or any other
tribunal Court, tribunal or agency other than this present petition, and if it should be
learned later on that a similar action or proceeding has been filed or is so pending, the
undersigned undertakes to report the fact within five (5) days therefrom to this Court.

Batangas City, _____________________.

ROLANDO MARIBBAY
Affiant
Social Security System No. _______________
SUBSCRIBED AND SWORN to before me this _________________ at
Batangas City, affiant exhibiting to me his Community Tax Certificate stated above.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2012.