REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

CITY OF MALOLOS, BULACAN
BRANCH 84
GUIA CLEMENTE,
Plaintiff,

-versus- Civil Case No. 124-2018

FOR: Payment of sum of

money with writ of Preliminary
Attachment

MERRICK VINCENT SANTOS,

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

COMPLAINT
Plaintiff, through counsel, before this Honorable Court do
hereby depose and state that:

THE PARTIES:
1. Plaintiff, GUIA CLEMENTE, of legal age, single, with
residence at #432 St., Poblacion, Pulilan, Bulacan where he may be
served with orders and other processes of this Honorable Court;
2. Defendant, MERRICK SANTOS, of legal age, single, with
residence at Malunggay St., Bustos, Bualcan where he may served
with summons, orders, and other processes of this Honorable
Court;
FACTUAL BACKGROUND
3. On January 10, 2016, defendant borrowed money from the
Plaintiff in the amount of 2,000,000.00php which will be used for
the former’s plan to establish a coffee shop in Baliuag, Bulacan.
This was embodied under a Contract of Loan;
Attached herein is the Contract of Loan as Annex “A”
4. The Contract of Loan states that defendant had borrowed
from the Plaintiff two million pesos (2,000,000php) which should be
payable for two years;
 5. The defendant was able to pay the half of the loan
contracted in the amount of one million pesos (1,000,000php)
during the first year as evidenced by a receipt issued by the Plaintiff
to the defendant;
Attached herein is the receipt issued by the Plaintiff dated
January 10, 2017 as Annex “B”
6. However, when the debt fell due on January 10, 2018,
defendant was not able to comply with his obligation to pay the
remaining balance which he borrowed from the Plaintiff;
7. Plaintiff had in fact demanded payment from the defendant
several times and on May 28, 2018 she sent a Final Demand Letter
directing the defendant to pay her for his outstanding obligations or
else the Plaintiff will be constrained to secure the services of a
lawyer but it fell on deaf ears;
Attached herein is the Final Demand Letter dated May 28, 2018
as Annex “C”
8. Up to date, there has been no compliance with the said
demand.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed before this Honorable Court that:

1. Ordering the defendant to pay Plaintiff the amount of

P1,000,000.00 representing arrears from January 2017 to
January 2018;

2. Ordering the defendant to pay the amount of 100,000.00php

by way of moral damages for the Plaintiff has suffered sleepless
nights, anxiety because of non-compliance of the defendant’s
with his obligation;

3. Ordering the defendant to pay 50,000php by way of exemplary

damages

4. Ordering the defendant to pay the amount of P50,000.00 as

and by way of attorney’s fees and costs of suit.
5. To grant the Writ of Preliminary Attachment in order to secure
the interest of the Plaintiff.

OTHER JUST AND EQUITABLE RELIEFS in the premises are

likewise prayed for.

March 15, 2014, Malolos City Bulacan.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ______day of August 2018.

ATTY. CHRISTINE DENISE A. ABUEL

Counsel for the Plaintiff
369 Marigold Bldg., City of Malolos,
Bulacan

SUBSRIBED AND SWORN to before me this ____day of July

2018. Affiant exhibiting to me his/her SSS Card No. 6578 issued in
City of Malolos, Bulacan.

_____________________________
NOTARY PUBLIC
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, GUIA CLEMENTE of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;

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

same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding

is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

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

been filed or is pending before the Supreme Court, the Court of Appeals,
or any other tribunal or agency, I undertake to report that fact within five
(5) days therefrom to this Honorable Court.

______________________

AFFIANT

SUBSCRIBED AND SWORN to before me this ___ day of __________ 2018

at Malolos City, Bulacan affiant exhibiting to me his SSS ID NO. 6578
issued on January 15, 2018 at Malolos City Bulacan City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2018.