REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT OF CALUMPIT
Branch __

MICA JOY FAJARDO,

Plaintiff,
Civil Case No.
For: Collection of
Sum of Money

-versusNIKKO FRANCHELLO SANTOS,

Defendant.
x------------------------------------x

COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel and
unto this Honorable Court, most respectfully avers:
1.
That the plaintiff, MICA JOY FAJARDO, is of legal age, Filipino citizen,
single, with residence and postal address at 25 Poblacion, Calumpit, Bulacan;
2.
That the defendant, NIKKO FRANCHELLO, is of legal age, Filipino
citizen, single, with residence and postal address at Blk 56, Lot 40, Tierra
Subdivision, Pulong Buhangin, Sta. Maria, Bulacan where he may be served with
summons and other court processes;
3.
The plaintiff is the owner of a mobile phone unit iPhone5;
4.
By virtue of a contract of sale, the plaintiff sold said mobile phone unto the
defendant for a consideration of P 20,000.00 to be paid upon delivery;
5.
Delivery was made on May 7, 2013, but the defendant failed to pay the
aforesaid money;

6.
Due to the parties maintained relationship as friends, plaintiff allowed the
defendant to take the mobile phone and pay the consideration for it a month after
said delivery;
7.
After a month, defendant still failed to pay said money and was unable to be
found;
8.
On December 2, 2013, plaintiff seeks the help of the barangay where the
defendant is residing to locate his whereabouts;
9.
That on date mentioned above, the defendant was found and executed an
agreement with the plaintiff together with the barangay captan that due to his
financial condition, he will be unable to pay the whole amount of P 20,000.00 but
instead pay the amount of P 5,000.00 every Saturday starting December 7, 2013
until he completed the full amount. Copy of the agreement was hereto attached as
(Annex A);
10. That on December 7, 2013 and continuing Saturdays, defendant did not pay
the agreed amount of P 5,000.00;
11. On December 6, 2014, the plaintiff sent a letter of demand for collection of
money which was received by the defendant as shown in the registry return receipt
hereto attached as Annex B;
12. Despite said letter of demand which was repeated by oral demands, the
defendant failed and still refused to pay the agreed amount;
WHEREFORE, premises considered, it is most respectfully prayed unto this
Honorable Court that, after hearing, judgment be rendered ordering the defendant:
1.
2.

To pay the amount of P 20,000.00 as consideration for the mobile phone;

To pay the plaintiff the cost of the suit.
Bulacan, Philippines, December 26, 2014.
FAJARDO & FAJARDO LAW OFFICE
Counsel for the Plaintiff
Fajardo Commercial Building
Calumpit, Bulacan

By:
MJ FAJARDO
Roll of Attorney No. 120294
IBP No. 54321/3-15-13/Bulacan
VERIFICATION/CERTIFICATION OF FORUM SHOPPING
I, MICA JOY FAJARDO, of legal age, Filipino citizen, single and resident
of 25 Poblacion, Calumpit, Bulacan, after having been duly sworn to in accordance
with law do hereby depose and say:
1.
That I am the plaintiff in the above-entitled case;
2.
That I have caused the preparation of the foregoing complaint and have read
the allegations contained therein;
3.
The allegations in the said complaint are true and correct of my own
knowledge and authentic records;
4.
I hereby certify that I have not commenced any other action or proceeding
involving the same issues in any court, tribunal or quasi-judicial agency and, to the
best of my knowledge, no such other action or claim is pending therein;
5.
That if I should learn thereafter that a similar action or proceeding has been
filed or is pending, I hereby undertake to report that fact within five (5) days
therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed;
6.
I executed this verification/certification to attest to the truth of the foregoing
facts and to comply with the provisions of Adm. Circular No. 04-94 of the
Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 26th of
December 2014, in Calumpit, Bulacan.
MICA JOY FAJARDO
SUBSCRIBED AND SWORN to before me this _______ day of December,
2014, in Calumpit, Bulacan, affiant exhibiting to me his Passport No. 98765 issued
by the Department of Foreign Affairs on February 16, 2014 at the City of San
Fernando.

ATTY. MJ FAJARDO
Notary Public
My Commission Expires: Dec 31, 2017
Roll of Attorney No. 120294
IBP No. 54321/3-5-13/Bulacan

Doc. No. ________

Page No. _______
Book No. _______
Series of 2013.