REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7TH JUDICIAL REGION
RONALD
Plaintiff,

CIVIL CASE NO. 987654321-X

FOR: COLLECTION OF SUM OF
MONEY WITH DAMAGES
(under Art. 1170, NCC)

-versusARNOLD
Defendant.
x------------------------------------------------------------/
COMPLAINT

COMES NOW, Plaintiff, through the undersigned counsel unto this Honorable
Court respectfully avers, that:
1. Plaintiff, Ronald is a Filipino of legal age, married to Roma Mae and a
resident of Barangay Lawaan II, Talisay City, Cebu, Philippines. Plaintiff
can be served with notices, orders and other processes of this Honorable
Court through the herein undersigned counsel. Attached here and marked
as Annex A is a copy of the SPA executed in his favor;
2. Defendant Arnold is a Filipino of legal age, married to Jenniveve and a
resident of Barangay Tisa, Cebu City, Cebu, Philippines. Where he can be
served with summons, notices, orders and other processes of this
Honorable

Court;

3. That Plaintiff and Defendant have known each other for a long time,
having

been

childhood

friends;

4. That on February 14, 2000, the defendant borrowed money from the
plaintiff amounting to FIVE HUNDRED THOUSAND PESOS (PHP
500,000.00) payable within a period of one year;
5. That based on the confidence founded on their amicable relationship,
Plaintiff agreed to the loan and lend the requested amount of FIVE
HUNDRED THOUSAND PESOS (PHP 500,000.00) to Defendant;

6. In lieu of the said agreement, Plaintiff asked the Defendant to execute and
sign a promissory note specifying the amount loaned and the one-year
maturity date. Attached here and marked as Annex B is a copy of the
promissory

note;

7. That upon the maturity of the loan, Plaintiff went to Defendant to collect
payment for the same but the latter was not able to pay;
8. That Plaintiff made a demand for the payment of the loan but Defendant
refused to pay the said loan and insisted that he be given a period of oneyear to settle the same by reason of his upcoming Silver Wedding
Anniversary;
9. In connection to Defendants refusal to settle his indebtedness, Plaintiff
caused his lawyer to send a demand letter requesting for the settlement of
Defendant Arnolds indebtedness in the amount of FIVE HUNDRED
THOUSAND PESOS (PHP 500,000.00) within ten (10) days upon
receipt thereof;
10.

In spite of repeated written and oral demands made by Plaintiff, Defendant

ignored the same and still refused to settle his indebtedness;
CAUSE OF ACTION

1. Plaintiffs rights are gravely abused by herein Defendant, hence, the

former now sought recourse to uphold it rights as provided by the New
Civil Code. Article 1170 of the New Civil Code of the Philippines
provides:
ART. 1170. Those who in the performance of their obligations are
guilty of fraud, negligence, or delay, and those who in any manner
contravene the tenor thereof, are liable for damages.
2. In the herein instant case, Defendant clearly and unequivocally incurred
delay and contravened the tenor of its contract with herein Plaintiff.
Despite of Plaintiffs goodwill in lending the Defendant his money, the

latter blatantly refused to pay him his monetary obligation, which greatly
prejudiced the rights of herein Plaintiff and even suffered further damage;
3. Defendant, being a party of the contract, should also comply with its
obligations as provided by the above-stated provision. Furthermore,
Contract being one source of an obligation, Defendant should comply it in
good faith as stipulated in Article 1159 of the New Civil Code which
provides:
ART. 1159. Obligations arising from contracts have the force of law
between the contracting parties and should be complied with in
good faith.
4. And lastly, being a juridical person with corresponding duties, as provided
by
Article 19 of the New Civil Code, is expected to:
ART. 19. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due,
and observe honesty and good faith.
5. In all of these provisions of the law, Defendant clearly defied it to the
prejudice of herein Plaintiffs rights. Thus, Plaintiff, aside from their claim
of the amount of herein Defendant, it further claim an interest of one
percent (1%) per month, starting from February 2010 until full payment
has been made;
6. To set also an example so as Defendant and any others will not do the
same act again, Plaintiff further asks for an exemplary damage of FIFTY
THOUSAND PESOS (PHP 50,000.00);
7. Plaintiff, to enforce its rights prejudiced by herein Defendant, sought the
assistance of a counsel and defrayed the amount of SIXTY THOUSAND
PESOS (PHP 60,000.00) as attorneys fees, TWO THOUSAND PESOS

(PHP 2,000.00) as appearance fee for the counsel and TWENTY

THOUSAND PESOS (PHP 20,000.00) for other legal costs and
miscellaneous expenses.
WHEREFORE, PREMISES CONSIDERED it is most respectfully prayed to
this Honorable Court to order Defendant:
1. To pay to Plaintiff the amount of FIVE HUNDRED THOUSAND PESOS
(PHP 500,000.00) with an interest of ONE PERCENT (1%) PER MONTH
starting February 2010 until full payment has been complied with;
2. To pay Plaintiff the amount of FIFTY THOUSAND PESOS (PHP
50,000.00) as exemplary damage; and
3. To pay SIXTY THOUSAND PESOS (PHP 60,000.00) as attorneys fees;
TWO THOUSAND PESOS (PHP 2,000.00) for every court appearance;
and TWENTY THOUSAND PESOS (PHP 20,000.00) for other legal and
miscellaneous expenses.
Other reliefs consistent with law, justice and equity are also prayed for.
February 27, 2003, Cebu City, Philippines.