Copy-of-complaint_forsumofmoney_basedonpn.docx

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT National Capital Judicial Region Branch 100, Makati City

Forbes Fayvsic, Plaintiff,

-versusCIVIL CASE No. 000001 FOR: COLLECTION OF SUM OF MONEY Juan Tutri, Defendant.

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COMPLAINT

Plaintiff, through counsel, and unto this Honorable Court respectfully states that:

1. Plaintiff is of legal age, single, Filipino, and resident of Unit 10D, One Rockwell - East Tower, Rockwell Drive, Makati City, Metro Manila where summons and court processes may be served;

2. Defendant is also of legal age, single, Filipino, and resident of 20, Mercedes St., Bel-Air, Makati City, Metro Manila where summons and court processes may be served;

3. On 14 February 2018, Defendant obtained a loan from Plaintiff in the amount of Five Hundred Thousand Pesos (P500,000.00), as evidenced by a PROMISSORY NOTE, a photocopy of which is attached as “Annex A” and made an integral part of this complaint;

4. As shown in the attached promissory note, the indebtedness of the Defendant has become due and demandable on 14 February 2019;

5. Despite the repeated demands of the Plaintiff both verbal and written, the Defendant failed, and still refuses to comply with his obligation to settle and pay the said amount. 6. That Defendant has in fact received the written letter of demand on 19 February 2019. As evidenced by the annexed documents bearing his signature. The photocopies of Plaintiff’s demand letters are attached as “Annex B”, and “Annex C”; 7. The said loan is now long overdue, thus, in order to protect and enforce his rights, Plaintiff has sought the services of a legal counsel and thus incurred Attorney's Fees in the amount of Fifty Thousand Pesos (P50,000.00), and litigation expenses in the amount of Five Thousand Pesos (P5,000.00).

PRAYER

WHEREFORE, premises considered, it is respectfully prayed before the Honorable Court to render a decision in favor of the Plaintiff and to order the Defendant to pay:

1. The amount of FIVE HUNDRED THOUSAND PESOS (P500,000.00), representing the Principal amount promised to pay and due under the Promissory Note dated 30 January 2017;

2. The amount of SIXTY-FIVE THOUSAND PESOS (P65,000.00), representing the Interest due under the Promissory Note dated 14 February 2018;

3. The amount of FIVE THOUSAND SIX HUNDRED AND FIFTY PESOS (P5,650.00), representing the Late Charge amount as based on the agreed 1% of the amount payable for every month of delay or fraction thereof under the Promissory Note dated 14 February 2019;

4. The amount of FIFTY THOUSAND PESOS (P50,000.00), representing the Attorney’s Fees incurred by the Plaintiff;

5. The sum of FIVE THOUSAND PESOS (P5,000.00), as and by way of Moral Damages; 6. Cost of suit.

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

Makati City, Philippines, February, 2018.

Bettina Castelo Counsel for Plaintiff CGPV Law Office Block 33, University Parkway, Taguig City, Metro Manila Roll of Attorneys No. 56789 PTR No. 123654, 1/6/2018 IBP No. 789654, 1/6/2018 MCLE Compliance No. V-009878, 1/2/2018