Republic of the Philippines

Regional Trial Court

Branch 9
Tacloban City

Juan Tamad.,
Plaintiff,
Pl
-versus-
Civil Case No. 09876
For: Collection of Sum of Money
Julio Enriquez, Amounting to P 332,000.00
Defendant

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

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court,

hereby respectfully avers:

1. That plaintiff, Juan Tamad, is of legal age, Filipino, married and

with business address of Burgos St., Tacloban City, Leyte;
2. That plaintiff is the Manager and duly authorized representative of
ABC Lumber Yard & Hardware Inc., a corporation duly organized
and existing under the Philippine laws, with principal address of
Burgos St., Tacloban City, Leyte, where he may be served with
summons.
A duly authenticated copy of the Secretarys Certificate authorizing
Tamad to file the above-captioned complaint is hereto attached as
Annex A;
3. That the defendant-corporation, XYZ Construction Company, is a
domestic corporation duly organized and existing under and by
virtue of Philippine laws, represented by defendant Julio Enriquez,
with principal business address at 188 Real Avenue, Tacloban City,
Leyte, Philippines, where he could be served with summons and
other processes of the Court;
4. That plaintiff is engaged in the business of buy and sell of various
construction materials, such as lumber, hollow blocks, and gravel
and sand, and other hardware supplies;
5. That defendant purchased on credit, on August 26, 2016, October
6, 2016, January 11, 2017, February 18, 2017, and June 28, 2017,
various construction materials amounting to an aggregate of
 P 332,000.00 with an agreed monthly interest of five (5) percent as
evidenced by a promisory note herein attached as Annex B.
Moreover, copy of the outstanding invoices are herein attached as
Annex C;
6. That as stated in the promisory note, such credit has become due
and demandable on October 19, 2017;
7. That in fact, a final demand letter was sent to defendant through
registered mail with return card on October 25, 2017, which was
received by said defendant on October 30, 2017. However, as of
date, he has failed, neglected and refused to fulfill such obligations
unjustifiably to the continued damage and prejudice to plaintiff. A
copy of such demand letter is hereto attached as Annex D;
8. That the plaintiff in order to enforce his rights and interests, has
sought the services of a legal counsel with attorneys fees
amounting to One Hundred Thousand Pesos (PhP 120,000.00) and
an appearance fee of Two Thousand Pesos (PhP 5,000.00) per
hearing which should be reimbursed by the defendant.

WHEREFORE, premises considered, it is hereby respectfully prayed

before the Honorable Court to render decision in favor of the plaintiff and
order the defendant to pay the following:

a. The amount of Three Hundred Thirty Two Thousand Pesos (PhP

332,000.0) plus interest at the rate of five percent (5%) per month
as stipulated in the promissory note;

b. Attorneys fees amounting to One Hundred Thousand Pesos (PhP

120,000.00) and an appearance fee of Two Thousand Pesos (PhP
5,000.00) per hearing; and

c. The litigation expenses.

Other reliefs and remedies deemed just and equitable under the
foregoing premises are likewise prayed for.

Tacloban City, Leyte, November 19, 2017.

ATTY.
Counsel for Plaintiff
Lupos & Lupos Law Offices, Tacloban City
Roll of Attorneys No. 54321
PTR NO. 654321, 04/06/10, Tacloban City
IBP NO. 123456, 04/10/10, Tacloban City
MCLE Comp. No. IV-0009876, 01/02/14
REPUBLIC OF THE PHILIPPINES)
TACLOBAN CITY ) SS.
x----------------------------x
VERIFICATION AND CERTIFICATION

I, JUAN TAMAD, of legal age, Filipino, married, and 130 Burgos

Street, Tacloban City, Philippines, after being sworn in accordance with law,
hereby depose and say:

(1) That I am the Plaintiff in the above-entitled case;

(2) That I have caused the preparation of the above Complaint and I
have read the same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my
own personal knowledge and based on authentic records.

(4) 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.

IN WITNESS WHEREOF, I have hereunto set my hand this 17th

day of November 2017 at Iloilo City, Philippines.

JUAN TAMAD
Affiant
TIN 24680-003; Tacloban Cit

SUBSCRIBED AND SWORN to before me, this 17th day of

November 2017, affiant exhibiting to me his Tax Identification Card as
shown above below his name as competent evidence of his identity.

Doc. No. 198;

Page No. 20; ATTY. Counsel for Plaintiff
Book No. 8; Lupos & Lupos Law Offices, Tacloban City
Series of 2017; Roll of Attorneys No. 54321
PTR NO. 654321, 04/06/10, Tacloban City
IBP NO. 123456, 04/10/10, Tacloban City
MCLE Comp. No. IV-0009876,
01/02/14