Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial RegionBranch ___Legazpi City

MR. X,

Petitioner,CIVIL CASE NO. 123-versus- For: Sum of Money with prayerfor the issuance of writ
of preliminary attachment

MR. Y,

Respondentx-----------------------------------x

COMPLAINTCOMES NOW, the plaintiff, through the undersigned counsel, and unto thishonorable court,
most respectfully avers:1.

That plaintiff is of legal age, Filipino Citizen, with postal address at#1136-A A. Maceda Street, Legazpi
City;2.

That Defendant Y, is of legal age, Filipino Citizen, with postal address atNo. 24 Evangelista Street,
Santolan, Pasig City, where he may be servedwith summons and other processes by this Honorable
Court;3.

That sometime in January 2005, defendant obtained severalconstruction materials from the plaintiff in
the total amount of P5,000,000.00 as evidenced by the Purchase Order, Delivery receipt

which are hereto attached as Annexes “A” – “D” hereof;

4. That as payment of the said constriction materials, defendant issuedseveral postdated checks and
represented that the same will be coveredby sufficient funds on its maturity dates. Copies of the checks
are hereto

attached as Annexes “E” – “G” hereof;

5. That on its maturity date, the said checks was dishonored by the draweebaks upon presentment for
payment for reason ACCOUNT CLOSED, asevidenced by the notice of dishonor issed by the bank which is
hereto attached as Annex “H” hereof;

6. That despite repeated demands orally and in writing, defendantsrefused and continously refusing to
make good the said bounced checksor pay the construction materials to the damage and prejudice of
herein plaintiff. Copy of the demand letter is hereto attached as Annex “I” hereof;7.
That as a result of the unwarranted and unjustifiable refusal of thedefendants to pay the said
construction materials or make good saidchecks, plaintiff suffered sleepless nights, serious anxiety in
which heshould be awarded the amount of P100,000.00 as moral damages, andto set an example to the
public, plaintiff should be awarded exemplarydamages un the amount of P100,000.00;

ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OFPRELIMINARY ATTACHMENT

Plaintiff re-pleads all the foregoing averments by way of referenceand in so far as they are relevant and
material to its application for theissuance of a writ of Preliminary Attachment;8.

A sufficient cause of action exists against the defendant;9.

The defendant are guilty of fraud in contractiong and in theperformance of their obligation as
manifested by defendant, Mr. Y, whorepresented himself as a credible businessman and financially
capable of paying his obligation, when in truth and in fact, he is not, and thefraudulent scheme
becoming more evident when despite demands, hefailed and refused to settle without justifiable
ground his just anddemandable obligation;10.

There is no sufficient security for the claim sought to be enforced by thepresent action;11.

The amount due to the plaintiff in the above-entitled case isP5,000,000.00, excluding legal fees and
other charges as of to date forwhich amount, an order of attachment is being sought above all
legalcounterclaims against the Defendants;12.

Plaintiff is ready and willing to give a bond to be fixed by this HonorableCourt, executed to the
defendant, to answe for all costs which may beadjudged to the latter, and all damages which defendant
may sustain byreason of the attachment prayed for, if the court shall finally adjudgethat Plaintiff is not
entitled thereto;In support of the foregoing allegations, the Plaintiff has attached heretohis affidavit.

WHEREFORE, premises considered, it is most respectfully prayed untothis Honorable Court that, after
hearing, judgment be rendered as follows:

1. An order of attachment be immediately issued by this HonorableCourt, requiring the sheriff to attach
properties of the Defendantswhich are not exempt from execution or so much thereof as may be
sufficient to satisfy Plaintiff’s demand which is in the total amount of P5,000,000.00; and after hearing;2.

Judgment be rendered ordering the defendant to pay plaintiff theamount of P5,000,000.00,

representing unpaid account excludinglegal fees and other charges as of to date;3.

Ordering the defendants to pay the plaintiff the amount of P100,000.00 as moral damages, and
P100,000.00 as exemplary damages;

4. P50,000.00 by way of Attorney’s fees and P2,500.00 as per appearance fee and costs of suit;

5. Ordering the defendants to pay the costs of suit.Other reliefs which are just and equitable are likewise
prayed for.Legazpi City, Philippines, March 31, 2005.ABOGADO LAW OFFICECounsel for
the PetitionerRasi Bldg., Legazpi CityBy:ABOGADO A. ABOGADOIBP No. 1231231/2-5-05PTRNo.123/10-
2203/Leg.Roll No. 123123
VERIFICATION/CERTIFICATION AGAINSTFORUM SHOPPING REPUBLIC OF THE PHILIPPINES
)CITY OF LEGAZPI )S.S.I, MR. X,

of legal age, Filipino Citizen, married, after having been duly sworn to in accordance with law, hereby
depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have cause the preparation of the foregoing Complaint/Petitionand have read the allegations
contained therein;
3. That the allegations in the said complaint/petition are true and correctof my own knowledge and
authentic records;
4. I hereby certify that I have not commenced any other action orproceeding involving the same
issued in the Supreme Court, Court of Appeals, or any other tribunal or agency;
5. That if I should thereafter learned that a similar action or proceeding hasbeen filed or is pending
before the Supreme Court, court of Appeals orany other tribunal agency, I hereby imdertake to
report that fact withinfive (5) days therefrom to the court or agency wherein the originalpleading
and sworn certification contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of theforegoing facts and to comply
with the provision of Adm. Circular No.04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of March 2005, in Legazpi
City, Philippines.

MR. X

Affiant SUBSCRIBED AND SWORN to before me this __ day of March 2005, in theCity of Legazpi, with
affiant exhibiting to me his SSS ID, with ID No. 1234issued at Legazpi City on April 2001.Notary
PublicDoc. No.____;Page No.____;Book No.____;Series of 2005.