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Republic of the Philippines

Regional Trial Court


National Capital Judicial Region
Branch 123, Makati City


LOUISE I. CELERIO, Civil Case No. 987654
Plaintiff, For: Collection of Sum of Money
With Prayer for Issuance of
Preliminary Attachment
- versus -

KRISTEL R. DESCALLAR,
Defendant.

x----------------------------------------------------------------------------------------x

COMPLAINT
(With Prayer for Preliminary Attachment)


Plaintiff LOUISE CELERIO (plaintiff), through the
undersigned counsel, respectfully files this Complaint with Prayer
for Preliminary Attachment pursuant to Rule 57, Section 1 of the
Revised Rules of Court,1 states:

1. Plaintiff is of legal age, Filipino and a resident of 654 Scout
Limbaga St., Makati City, where she may be served with
notices and other court processes.

2. Defendant Kristel Descallar (defendant) is of legal age,
Filipino and a resident of 321 Scout Reyes, Brgy. Paligsahan,

1
Section 1. Grounds upon which attachment may issue. At the commencement of the action
or at any time before entry of judgment, a plaintiff or any proper party may have the property of
the adverse party attached as security for the satisfaction of any judgment that may be recovered
in the following cases:

(a) In an action for the recovery of a specified amount of money or damages, other than
Quezon City, where she may be served with summons and
other court processes.

3. On July 31, 2014, defendant borrowed FIVE HUNDRED
THOUSAND PESOS (P500, 000.00) from plaintiff, with interest
thereon at 20% per annum, payable on or before July 31, 2015,
as evidenced by a promissory note dated July 31, 2014, herein
attached and made as an integral part hereof as Annex A.

4. The due date, July 31, 2014, of said promissory note (Annex
A) arrived, and yet defendant failed to pay.

5. A demand was made on defendant to pay her obligation as
shown by a demand letter dated August 01, 2015 but he failed
and refused and continues to refuse to pay her lawful
obligation. A copy of said demand letter is attached hereto as
Annex B.

6. Defendants obligation with plaintiff now stands at SIX
HUNDRED THOUSAND PESOS (Php600, 000.00) which
consists of the principal amount of FIVE HUNDRED
THOUSAND PESOS (Php500,000.00) and an accrued interest of
ONE HUNDRED THOUSAND PESOS (Php100,000.00).

7. Defendants obligation is valid and genuine and accordingly a
sufficient cause of action exists against him.

8. Defendant is about to depart from the Philippines as shown by
her application for immigrant visa to the United States of
America Embassy, marked as Annex C, a plane ticket under
her name, marked as Annex D and her Letter of Resignation,
marked as Annex E.

9. Defendant has intent to defraud her creditors, including
plaintiff, since she did not inform her creditors of her departure
and she disposed of all her properties in the Philippines, as
evidenced by a Deed of Sale of her residential house and lot,
disposed of all her properties in the Philippines, and the
amount due to plaintiff is as much as the sum for which the
order of attachment may be granted above all legal
counterclaims;

11. As a result of defendants breach of obligation to pay her
indebtedness, as well as the stipulated interest thereon, plaintiff
was constrained to secure the services of counsel to protect his
interest and to file the complaint and to incur attorneys fees
and expenses of litigation, in the amount of P100, 000.00, which
should be assessed the defendant.

12. Moreover, due to defendants adamant refusal to pay her
obligation, plaintiff suffered from severe mental anguish,
sleepless nights, and serious anxiety in figuring out how to
recover the money borrowed by defendant. With this, plaintiff
is entitled to moral damages under Article 2217 of the Civil
Code2 of not less than Fifty Thousand Pesos (P50,000.00).

13. Plaintiff is willing and ready to post a bond executed in favor
of the adverse party in the amount which the Honorable Court
may fix in the order granting the writ of attachment,
conditioned that the latter will pay the cost which may be
adjudged to the adverse party and all damages which he may
sustain by reason of the attachment, if the court shall finally
adjudge that the applicant was not entitled thereto.3


PRAYER

WHEREFORE, plaintiff respectfully prays that this Honorable
Court:

2
Article 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages may be recovered if they are the
a) order defendant to pay plaintiff the principal amount of
FIVE HUNDRED THOUSAND PESOS (Php500,000.00)
and an accrued interest of ONE HUNDRED THOUSAND
PESOS (Php100,000.00);
b) immediately issue a writ of attachment against the
property of defendant, as security for the satisfaction of
the judgment that may be recovered;
c) moral damages in the amount of P50,000.00;
d) attorneys fees and expenses of litigation in the amount of
P100, 000.00.

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


City of Makati, 17 August 2017.



Pascua, Ilao, Sta. Ana & Associates
Counsel for Plaintiff Louise Celerio
Rm. 57, 1st floor, 111, ProvRem Center,
CivPro St., Makati City
Tel no. (632) 123-45-67

By:
_________________________________
Pedro A. Reyes
PTR No. 12345678; 1/10/17; Makati City
IBP No. 234567; 2/20/15; Makati City
Roll No. 987654
MCLE Compliance No. 456789;
Cellphone No. (639) 911-2345-678
pedro.reyes@jdclaw.com







REPUBLIC OF THE PHILIPPINES )
CITY OF MAKATI ) S.S.


VERIFICATION AND CERTIFICATE
OF NON-FORUM SHOPPING

I, Louise Celerio, of legal age, after having been duly sworn in
accordance with law, depose and state that:

1. I am the Plaintiff in the above-stated case;
2. I caused the preparation and the filing of the foregoing
Complaint;
3. I have read and understood the contents of the Complaint, and
attest that the allegations therein are true and correct based on
my personal knowledge or on authentic records.
4. I have not commenced any other action or proceeding or filed
any other claim involving the same issues in any court, tribunal
or quasi-judicial agency; and
5. To the best of my knowledge, no such other action, proceeding
or claim is pending in any court, tribunal or quasi-judicial
agency;
6. If I should thereafter learn that another similar action,
proceeding or claim has been filed or is pending before any
court, tribunal or quasi-judicial agency, I shall report that fact to
this Honorable Court within five (5) days from notice thereof.

IN WITNESS WHEREOF, I have hereunto signed this on August 17,
2017, in the City of Makati, Metro Manila Philippines.



____________________
SUBSCRIBED AND SWORN to before me, a Notary Public in and for
Makati City, this 10th day of August 2017, affiant exhibiting to me
her PRC ID No. 123456 issued on March 3, 2016 at Makati City, and
Drivers License No. 789101 issued at Makati City and expiring on
December 31, 2018, who was identified by me through competent
evidence of identity to be the same person who presented the
foregoing instrument and signed the instrument in my presence, who
took an oath before me as to such instrument.


_________________________
Ignacio Delos Santos
Notary Public for Makati City
Appointment No. 123 until December 31, 2018
57, ProvRem St., Makati City
Roll No. 67890
IBP No. 765432; 01/03/2015; IBP Makati Chapter
PTR No. 6789; 02/05/2016; Makati City


Doc. No. 98
Page No. 87
Book No. 76
Series of 2017.


REPUBLIC OF THE PHILIPPINES )
CITY OF MAKATI ) S.S.


AFFIDAVIT FOR PRELIMINARY ATTACHMENT

I, LOUISE CELERIO, Filipino, of legal age, single, residing at 654
Scout Limbaga St., Makati City, after being sworn to in accordance
with law, deposes and say:

1. That I am the plaintiff above-entitled case;

2. That on July 31, 2014, defendant borrowed FIVE HUNDRED
THOUSAND PESOS (P500, 000.00) from plaintiff, with interest
thereon at 20% per annum, payable on or before July 31, 2015,
as evidenced by a promissory note dated July 31, 2014;

3. That the due date, July 31, 2014, of said promissory note
arrived, and yet defendant failed to pay.

4. That a demand was made on defendant to pay her obligation as
shown by a demand letter dated August 01, 2015 but he failed
and refused and continues to refuse to pay her lawful
obligation;

5. That defendants obligation with plaintiff now stands at SIX
HUNDRED THOUSAND PESOS (Php600, 000.00) which
consists of the principal amount of FIVE HUNDRED
THOUSAND PESOS (Php500,000.00) and an accrued interest of
ONE HUNDRED THOUSAND PESOS (Php100,000.00).

6. That defendants obligation is valid and genuine and
accordingly a sufficient cause of action exists against him.

7. That defendant is about to depart from the Philippines as
shown by her application for immigrant visa to the United
States of America Embassy,a plane ticket under her name, and
and she disposed of all her properties in the Philippines, as
evidenced by a Deed of Sale of her residential house and lot;

9. That there is no sufficient security for the claim sought to be
recovered from the defendant in the instant action since she
disposed of all her properties in the Philippines, and the
amount due to plaintiff is as much as the sum for which the
order of attachment may be granted above all legal
counterclaims;

10. That this action is one of those specifically mentioned in
Section 1 of Rule 57 of the Rules of Court, whereby a writ of
preliminary attachment may lawfully issue, specifically:

(a) In an action for the recovery of a specified amount of money
or damages, other than moral and exemplary, on a cause of
action arising from law, contract, quasi-contract, delict or
quasi-delict against a party who is about to depart from the
Philippines with intent to defraud her creditors

xxx

(e) In an action against a party who has removed or disposed of
his property, or is about to do so, with intent to defraud his
creditors; or xxx

11. That the amount due to the plaintiff in the above-entitled
case is SIX HUNDRED THOUSAND PESOS (Php600,
000.00) which consists of the principal amount of FIVE
HUNDRED THOUSAND PESOS (Php500,000.00) and an
accrued interest of ONE HUNDRED THOUSAND PESOS
(Php100,000.00), for which an order of attachment is
proper.


IN WITNESS WHEREOF, I have hereunto signed this 17th day of
August, 2017, in the City of Makati, Metro Manila Philippines.

SUBSCRIBED AND SWORN to before me, a Notary Public in and for
Makati City, this 17th day of August 2017, affiant exhibiting to me
her PRC ID No. 123456 issued on March 3, 2016 at Makati City, and
Drivers License No. 789101 issued at Makati City and expiring on
December 31, 2018, who was identified by me through competent
evidence of identity to be the same person who presented the
foregoing instrument and signed the instrument in my presence, who
took an oath before me as to such instrument.


_________________________
Ignacio Delos Santos
Notary Public for Makati City
Appointment No. 123 until December 31, 2018
57, ProvRem St., Makati City
Roll No. 67890
IBP No. 765432; 01/03/2015; IBP Makati Chapter
PTR No. 6789; 02/05/2016; Makati City


Doc. No. 101
Page No. 202
Book No. 30
Series of 2017.