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Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 100, Paranaque City
Angelo Conrad,
Petitioner,

CIVIL CASE NO. 777

-versus-

For: Sum of Money with prayer

Rodolfo Ednaco ,

for the issuance of writ of

Respondent

Preliminary Attachment

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

COMPLAINT
PLAINTIFF, through the undersigned counsel, and unto this honorable
court, respectfully states that:
1. That plaintiff is of legal age, Filipino Citizen, with postal address at B5
L88 Pontevedra St. SAV-1 Sucat, Paranaque;

2. That Defendant Rodolfo Ednaco, is of legal age, Filipino Citizen, with

postal address at B-2 L-80 Malorca Street, Pasay City, where he may be
served with summons and other processes by this Honorable Court;

3.That sometime in January 2015, defendant obtained several construction

materials from the plaintiff in the total amount of P10,000,000.00 as
evidenced by the Purchase Order, Delivery receipt which are hereto attached
as Annexes A C hereof;

4. That as payment of the said construction materials, defendant issued

several postdated checks and represented that the same will be covered by
sufficient funds on its maturity dates. Copies of the checks are hereto
attached as Annexes D F hereof;

5. That on its maturity date, the said checks was dishonored by the drawee
banks upon presentment for payment for reason ACCOUNT CLOSED, as
evidenced by the notice of dishonor issued by the bank which is hereto
attached as Annex G hereof;

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6. That despite repeated demands orally and in writing, defendants refused

and continuously refusing to make good the said bounced checks or pay the
construction materials to the damage and prejudice of herein plaintiff. Copy
of the demand letter is hereto attached as Annex Hhereof;

7. That as a result of the unwarranted and unjustifiable refusal of the

defendants to pay the said construction materials or make good said checks,
plaintiff suffered sleepless nights, serious anxiety in which he should be
awarded the amount of P200,000.00 as moral damages, and to set an
example to the public, plaintiff should be awarded exemplary damages in the
amount of P100,000.00;

ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OF

PRELIMINARY ATTACHMENT

Plaintiff re-pleads all the foregoing averments by way of reference

and in so far as they are relevant and material to its application for the
issuance of a writ of Preliminary Attachment;
8. A sufficient cause of action exists against the defendant;

9. The defendant are guilty of fraud in contracting and in the performance of

their obligation as manifested by defendant, Mr. Rodolfo Ednaco, who
represented himself as a credible businessman and financially capable of
paying his obligation, when in truth and in fact, he is not, and the fraudulent
scheme becoming more evident when despite demands, he failed and refused
to settle without justifiable ground his just and demandable obligation;

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

11. The amount due to the plaintiff in the above-entitled case is

P10,000,000.00, excluding legal fees and other charges as of to date for
which amount, an order of attachment is being sought above all legal
counterclaims against the Defendants;

12. Plaintiff is ready and willing to give a bond to be fixed by this Honorable
Court, executed to the defendant, to answer for all costs which may be
adjudged to the latter, and all damages which defendant may sustain by

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reason of the attachment prayed for, if the court shall finally adjudge that
Plaintiff is not entitled thereto;

In support of the foregoing allegations, the Plaintiff has attached hereto his
affidavit.

WHEREFORE, premises considered, it is most respectfully prayed unto

this Honorable Court that, after hearing, judgment be rendered as follows:
1. An order of attachment be immediately issued by this Honorable Court,
requiring the sheriff to attach properties of the Defendants which are not
exempt from execution or so much thereof as may be sufficient to satisfy
Plaintiffs demand which is in the total amount of P10,000,000.00; and after
hearing;

2. Judgment be rendered ordering the defendant to pay plaintiff the amount

of P10,000,000, representing unpaid account excluding legal 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 Attorneys 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.
Paranaque City, Philippines, March 1, 2017.

Atty. RODOLF E. LUBRIN

Counsel for the Petitioner
IBP No. 1231231/2-5-17
PTRNo.123/10-2203/Leg.

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VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )
CITY OF PARANAQUE ) S.S.
I, Mr. Angelo Conrad, 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 caused the preparation of the foregoing Complaint/Petition
and have read the allegations contained therein;
3. That the allegations in the said complaint/petition 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 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 has
been filed or is pending before the Supreme Court, court of Appeals or any
other tribunal agency, I hereby undertake to report that fact within five (5)
days therefrom to the court or agency wherein 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 provision of Adm. Circular No.04-94
of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 1st day
of March 2017, in Paranaque City, Philippines.
Mr. Angelo Conrad
Affiant
SUBSCRIBED AND SWORN to before me this 1 st day of March 2017, in
the City of Paranaque, with affiant exhibiting to me his SSS ID, with ID No.
1234 issued at Paranaque City on July 2007 .

Notary Public
Doc. No.____;
Page No.____;
Book No.____;

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REPUBLIC OF THE PHILIPPINES)

CITY OF LEGAZPI ) S.S.
AFFIDAVIT OF GOOD FAITH
I, Mr. Angelo Conrad, Filipino, of legal age, and with office address at B5
L88 Pontevedra St. SAV-1 Sucat, Paranaque, 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 a good and sufficient cause of action against the defendant;
3. That this action is one of those specifically mentioned in Sec. 1 of Rule 57
of the Rules of Court, namely that Defendant was guilty of fraud in
contracting the debt or incurring the obligation upon which the action is
brought, as he convinced plaintiff that he was a financially capable
businessman;
4. That the amount due to the plaintiff in this case is P10,000,000, excluding
legal fees and other charges, above all legal counterclaims;
5. That there is no sufficient security for the claim sought to be enforced by
the present action.
IN WITNESS WHEREOF, I have hereunto set my hands this 1st day of
March 2017, at Paranaque City.
Mr. Angelo Conrad
Affiant
SUBSCRIBED AND SWORN TO before me this 1st day of March, 2017 in
the city of Paranaque.
Notary Public
Doc No.____;
Page No._____;
Book No._____;