Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch 41, Bacolod City

THIRSTY R US, as represented

by ALEX C. SOLEDAD, in his capacity
as President
Plaintiff,

- versus - Civil Case No. 1848-04

For: Collection for a
Sum of Money
PRECIOSO E. DIMAUHAW
and BERTA D. MASAGANA
Defendants
x----------------------x

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable

Court, hereby respectfully avers:

1. Plaintiff, THIRSTY R US (TRU), is a domestic corporation

engaged in the business of manufacturing flavored mineral

water, with a principal address located at 5F, TRU Building, 6th

Lacson Street, Bacolod City, Philippines. For purposes of this

action, plaintiff may be served with all orders, notices, and other

processes of this Honorable Court through the office address of

the undersigned counsel indicated below;

2. Defendants PRECIOSO E. DIMAUHAW, of legal age, Filipino,

single, and BERTA D. MASAGANA, of legal age, Filipino, single

 may be served with summons and other processes of this

Honorable Court at their last known address at Bonita

Compound, San Juan Street, Brgy. Banago, Bacolod City,

Philippines;

3. Sometime on September 15, 2018, Defendants obtained a credit

from the Plaintiff a total amount of Four Hundred and Thirty-

Eight Five Hundred and Forty-six and Eighty-eight Centavos

(PhP 438,546.88), Philippine Currency;

4. A true and faithful machine reproduction of the Purchase Order,

Delivery Receipt and Credit Sales Invoice issued to the

Defendant on September 15, 2018, is hereto attached as Annex

"A";

5. That as shown in the attached Credit Sales Invoice the

indebtedness of the defendant has become due and demandable

on November 14, 2018.;

6. That five (5) days prior to the due date, plaintiff has sent a

Statement of Account to the defendants to notify them of their

incoming dues in the amount stated above. The Statement of the

Account is hereto attached as Annex “B”;

6. As of December 31, 2018, Defendants still have an Outstanding

Balance to Plaintiff amounting to Four Hundred and Thirty-

Eight Five Hundred and Forty-six and Eighty-eight Centavos

 (PhP 438,546.88), Philippine Currency. Said Defendant has failed

and neglected to pay, without just and valid grounds, the said

Outstanding Balance for the aforementioned loan

accommodation;

6. Despite Plaintiff's repeated demands, both written and verbal,

Defendant failed, neglected, continues to fail, refuse to pay and

to settle the said Outstanding Balance, without just and valid

grounds, to the continued damage and prejudice of Plaintiff;

7. A true and faithful machine reproduction of the Plaintiff's

demand letter to Defendant dated November 24, 2018, is hereto

attached as Annex "C";

8. Consequently, Plaintiff was constrained to engage the services of

counsel to whom it obligated itself to pay as Attorney's Fees the

amount equivalent to amounting to One Hundred Thousand

Pesos (Php 100,000.00) and an appearance fee of Two Thousand

Pesos (Php 2,000.00) per hearing as evidenced by Annex “D” –

Contract for Legal Services;

PRAYER

WHEREFORE, after due notice and hearing, Plaintiff

respectfully prays that judgment be rendered against the Defendant as

follows:
1. Ordering the Defendant to pay Plaintiff the sums of:

a. Two Hundred and Thirty-Eight Five Hundred and

Forty-six and Eighty-eight Centavos (PhP 238,546.88)

representing Defendant's Outstanding Balance plus

interest at the rate of six percent (6%) per month as the

legal interest rate;

b. One Hundred Thousand Pesos (Php 100,000.00) and an

appearance fee of Two Thousand Pesos (PhP 2,000.00)

per hearing;

c. Ten (10%) percent of the total amount due as Collection

Charges / Liquidated Damages;

d. The costs of suit.

2. Plaintiff respectfully prays for such other reliefs as may be just

and equitable in the premises.

Bacolod City, Philippines, January 16, 2019.

ATTY. KRISTEL ANN D. DEVELOS

Counsel for Plaintiffs
TAN, DEVELOS AND CABALLERO LAW FIRM
7th Floor, MT3 Building, Lacson Street,
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Bacolod City
IBP NO. 123456, 01/04/14, Bacolod City
MCLE Comp. No. IV-0009876, 01/02/14
REPUBLIC OF THE PHILIPPINES)
CITY OF BACOLOD ) SS.
x----------------------------x

VERIFICATION AND CERTIFICATION

I, ALEX C. SOLEDAD, of legal age, Filipino, single, and a resident

of Sta, Clara Executive Subdivision, Mandalagan, Bacolod City, Philippines,
after being sworn in accordance with law, hereby depose and say:

(1) That I am the President of the Plaintiff Corporation 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 16th

day of January 2019 at Bacolod City, Philippines.

ALEX C. SOLEDAD
Affiant
TIN 98765-003; Bacolod City
 SUBSCRIBED AND SWORN to before me, this 6th day of
December 2014, affiant exhibiting to me his Tax Identification Card as
shown above below his name as competent evidence of his identity.

ATTY. KRISTEL ANN D. DEVELOS

Counsel for Plaintiffs
TAN, DEVELOS AND CABALLERO LAW FIRM
7th Floor, MT3 Building, Lacson Street,
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Bacolod City
IBP NO. 123456, 01/04/14, Bacolod City
MCLE Comp. No. IV-0009876, 01/02/14

Doc. No. 5;
Page No. 2;
Book No. 1;
Series of 2014;