REPUBLIC OF THE PHILIPPINES

6TH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ___
ILOILO CITY

ABUNDIO A. BACATAN, Civil Case No. _____________

Plaintiff FOR: COLLECTION OF SUM
OF MONEY WITH
DAMAGES
- versus -

ALLEN A. ELEVADO,
Defendant
x -----------------------x

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court,

hereby respectfully avers:

1. That plaintiff is of legal age, Filipino, single, and a resident of Don

Bosco Boys’ Home, Dumangas, Iloilo, Philippines while the defendant is
also of legal age, single, Filipino and a resident of Ungka II, Pavia, Iloilo,
Philippines where summons and court processes may be served;

2. That on June 16, 2016, the defendant borrowed from the plaintiff a
sum of money amounting to Seven Hundred Fifty Thousand Pesos (Php
750,000.00.00) with an agreed interest of five percent (5%) per month as
evidenced by a promissory note herein attached as Annex “A” and forms an
integral part of this complaint;

3. That as shown in the attached promissory note, the indebtedness of

the defendant has become due and demandable on December 16, 2016;

4. That defendant was only able to pay a total of Two Hundred

Thousand Pesos (P200,000.00) as evidenced by Acknowledgment Receipts
attached as Annexes “B” and “B-1”;

5. That despite plaintiff's repeated demands, both written and verbal,

defendant failed, neglected and refused to fulfill obligations without just and
valid grounds to the continued damage and prejudice of plaintiff, as
evidenced by Annexes “C”, “C-1”, and “C-2”;
 6. That the plaintiff in order to enforce his rights and interests, has
sought the services of a legal counsel with attorney’s fees amounting to
Seventy-Five Thousand Pesos (Php 75,000.00) and an appearance fee of
Two Thousand Pesos (Php 2,000.00) per hearing as evidenced by a Contract
for Legal Services hereinto attached as Annex “D”;

7. That the plaintiff has suffered moral damages at the sum discretion
of the Honorable Court;

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 sum of Five Hundred Fifty Thousand Pesos (Php 550,000.00)

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

b. moral damages, exemplary damages at the sum discretion of the

court;

c. attorney’s fees amounting to Seventy-Five Thousand Pesos (Php

75,000.00) and an appearance fee of Two Thousand Pesos (Php
2,000.00) per hearing;

d. litigation expenses amounting to Twenty Thousand Pesos (Php

20,000.00).

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

Iloilo City, December 28, 2017.

ATTY. LOVELY L. DE LA TORRE

De La Torre Law Office, 8th Floor,
Excelsior Bldg., Iloilo City
Roll of Attorneys No. 19283
PTR NO. 2651863, 05/17/17, Iloilo City
IBP NO. 2122, 05/17/17, Iloilo City
REPUBLIC OF THE PHILIPPINES)
ILOILO CITY) SS.
x----------------------------x

VERIFICATION AND CERTIFICATION

I, ABUNDIO A. BACATAN, of legal age, Filipino, married, and a

resident of Don Bosco Boys’ Home, Dumangas, Iloilo, 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 28th day

of December, 2017 at Iloilo City, Philippines.

ABUNDIO A. BACATAN
Affiant
TIN 98765-003; Iloilo City
 SUBSCRIBED AND SWORN to before me, this 28th day of
December, 2017 affiant exhibiting to me his Tax Identification Card as
shown above below his name as competent evidence of his identity.

ATTY. LOVELY L. DE LA TORRE

Notary Public for and in the City and Province of Iloilo
My Commission No. is 28
Expires on December 31, 2019
De La Torre Law Office, 8th Floor,
Excelsior Bldg., Iloilo City
Roll of Attorneys No. 19283
PTR NO. 2651863, 05/17/17, Iloilo City
IBP NO. 2122, 05/17/17, Iloilo City

Doc. No. 4;
Page No. 2;
Book No. 1;
Series of 2017;