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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION QUEZON CITY, BRANCH 14

AMANDO S. ROBILLO

vs.

Plaintiff,

JOSHUA D. CELDRAN,

Defendant

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

COMPLAINT

CIVIL CASE No. 71234

FOR: COLLECTION OF SUM OF MONEY, ATTORNEY’S FEES AND OTHER RELIEFS

Comes now the plaintiff, by counsel and before this Honorable Court, most respectfully states:

PARTIES

1. That plaintiff is a Filipino, of legal age, single and residing at 13-D block,

Carmela Homes, Fairview, Quezon City,

2. That defendant is likewise a Filipino, of legal age, single and residing at

#412 Maginhawa St. Barangay Teachers’ Village East, Quezon City , at which

addresses the parties herein may be served with summons and other court processes;

FIRST CAUSE OF ACTION

3. That defendant is indebted to the plaintiff in the amount of one million

pesos (P 1, 000,000.00), the same being the evidence by a promissory note

executed by said defendant on August 11, 2014, certified Xerox copy of which is attached herein marked as Annex “A” and made integral part hereof;

4. That the obligation of one million pesos (Php 1,000,000.00) was to be

paid on or before August 11, 2015 with the interest rate at 12% per annum.

5. That actually the loan was obtained by defendant much earlier that

August 2014 and was used as additional capital of his buy and sell business

of used cars and because of the close friendship between the parties.

6. That the buy and sell of used cars of the defendant have reportedly

suffered reverses and bankruptcy. Moreover, the defendant is reportedly disposing his properties or about to do so with intent to defraud their creditors.

7. That despite the lapse of the period, the defendant failed to pay the

amount subject of the promissory note.

8. That the obligation of the defendant together with interest now amounts

to one million and three hundred twenty thousand (Php 1, 320,000.00)

SECOND CAUSE OF ACTION

9. That On October 20, 2014, the plaintiff and the defendant entered into a

loan agreement whereby the defendant borrowed from the plaintiff the sum of Three Hundred Thousand Pesos (Php300, 000.00) which became due on December 15, 2014. A copy of the notarized acknowledgement of debt by the defendant is hereto attached as Annex “B”;

10. That defendant failed and refused and still continues to fail and refuse

to pay his obligation aforementioned, leaving the plaintiff with no other

alternative but to institute the present action for the collection of said

obligation.

11. The plaintiff sent separate demand letters to the defendant on October

15, 2015 and January 15, 2016 for the fulfillment of the obligations subject

of the promissory and loan contract.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court that be rendered in favor of the plaintiff and against defendant ordering him

a. To pay the plaintiff amount of one million and three hundred twenty

thousand pesos (Php 1,320,000.00) as of February 2015 and any and all interest acquiring thereon at the stipulated rate of 12% per annum until the obligation is paid in full;

b. That the total amount of the promissory note and the loan contract, with

interest thereon at the legal rate of 12% per annum from the time of the

filing of the complaint and until the same is fully paid

b. To pay the plaintiff the amount of Thirty Thousand Pesos (Php 30,000.00)

as acceptance fee for counsel plus One Thousand Five and Hundred Pesos (Php 1, 500.00) for every appearance of counsel in court and 25% percent

of the total amount recovered as attorney’s fees;

c. To pay the plaintiff amount of Thirty Thousand Pesos (Php 30,000.00) as litigation expense, plus costs.

Plaintiff respectfully asks this Honorable Court to issue an order of attachment on the property of the defendant listed hereinabove for the satisfaction of any judgment in favor of the plaintiff.

Plaintiff further prays for any and all such other reliefs as may be just and equitable under the premises.

ATTY. LOISE ALMAY G JUGUAN Counsel for Plaintiff S.C. Roll of Attorneys No. 542 IBP Life Member No. 631 PTR No. / / Taguig City MCLE Compliance No. 1111; Makati City Contact Nos. 09152998803 Email address: Loisejuguan@gmail.com

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Amando Robillo, of legal age and with address at 13 D block Carmela Homes, Fairview, Quezon City after having been duly sworn to in accordance with law, hereby states that:

1. I am the complainant in the foregoing complaint;

2. I have prepared or caused the preparation of the foregoing complaint;

3. I have read and understood the same and that all the allegations

contained therein are true and correct based on my own personal

knowledge and/or authentic records;

4. I have not commenced any other action or proceeding involving the

same issue/s and subject matter/s in the Supreme Court, the Court of Appeals, any inferior court, or any other tribunal, quasi-judicial office or

agency; and to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, any inferior court, or any other tribunal, quasi-judicial office or agency.

5. If I should learn thereafter that a similar action or proceeding has been

filed or is pending in the aforementioned courts, tribunal or agency, I shall

inform this Honorable Court of such fact within five (5) days from notice or knowledge of the same.

In WITNESS WHEREOF, I have hereunto set my hand this 12 th day of February 2015 at City of Quezon, Philippines.

Complainant/Affiant

SUBSCRIBED AND SWORN to before me this 12 TH day of February at Quezon City, Philippines. I further certify that I personally examined the affiant and that I am fully satisfied that she understood the foregoing statements and that he/she had voluntarily and freely executed the same.

Doc. No. 0005; Page No. 1258; Book No. 1111; Series of 2015.

ANNEX A

PROMISSORY NOTE Php1, 000,000.00 , Quezon City, Philippines, August 11, 2014 FOR VALUE RECEIVED, I promise to pay to the order of one million pesos (Php1,000, 000.00) at his residence 13 D Block, Carmela Homes, Fairview, Quezon City August 11, 2015

Maker

ACKNOWLEDGEMENT OF DEBT

KNOW ALL MEN BY THESE PRESENTS:

ANNEX B

I, Joshua Celdran, Filipino, of legal age, single, with postal address at #412 Maginhawa St. Barangay Teachers’ Village East, Quezon City ,witnesseth:

That I am indebted in the sum of THREE HUNDRED THOUSAND PESOS(P300,000.000), Philippine Currency, to Amando Robillo, also a Filipino, of legal age, single, with postal address at D block, Carmela Homes, Fairview, Quezon City; That I shall pay the sum of THREE HUNDRED THOUSAND PESOS (Php 300,000.00) unto Amando Robillo on or before December 15, 2014. IN WITNESS WHEREOF I have affixed my signature hereto this 15 th day of July 2014 in Quezon City, Philippines

CHOLO PASCUAL

WITNESSES:

RUBY ANN SANTOS

ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES

BEFORE ME, a Notary Public, this 15 th day of July 2014 personally appeared the following:

Name

CTC Number

Date/Place/Issued

Joshua Celdran

1000000

October 15, 2014 Quezon City

Amando Robillo

1000000

January 15, 2014 Quezon City

WITNESS WHEREOF, I have hereunto set my hand the day, year and place above written.

Loise Almay G. Juguan Notary Public

Doc. No. 11 Page No. 17 Book No. III Series of 2014