REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 69, MANDALUYONG CITY

ABC FINANCE AND LENDING

CORPORATION represented by
Mr. Ang Bee Chin, President
and Elizabeth Ngo, Secretary

Plaintiffs.

-versus- CIVIL CASE NO. M-2014-123

For: Sum of money and damages

Mrs. Michelle Green surviving

spouse of Mr. Michael Green

Defendants.
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COMPLAINT

COMES NOW Plaintiff, by counsel, unto this Honorable Court, most

respectfully states:

1. That plaintiff is a finance and lending corporation duly organized

and existing under the Laws of the Philippines, having its principal
office at No.7, Ideal St. Brgy. Addition Hills, Mandaluyong City;

2. That defendant is Mrs. Michelle Green, the surviving spouse of Mr.

Michael Green, of legal age, Filipino citizen and residing at Unit 7C
Shaw Residenza, Shaw Boulevard, Barangay Addition Hills,
Mandaluyong City, where she may be served with summons and
other Court processes;

3. That on September 15, 2013, the defendant obtained a loan from

the plaintiff in the sum of Seven Hundred Fifty Thousand Pesos
(P750,000.00) Philippine Currency, with the following terms and
conditions among others:

a. The principal loan obligation shall be payable in Three (3)

Months from time of execution of the agreement;
b. The principal loan obligation shall incur an interest of 36% per
month compounded; and
c. The loan was to mature on 31 December 2013.

4. That as a security for the loan, Mr. Michael Green has mortgaged by
way of Accommodation Mortgage a Condominium in Paranaque City
registered under the holding company of Manny Pacman Holding
Corporation. As evidence, a Xerox copy of the Accommodation

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 Mortgage dated September 15, 2013 is herewith attached and
marked as Annex “A” and made integral part hereof.

5. That Mr. Michael Green died on November 15, 2013. Leaving the
loan unpaid. The second paragraph of Sec. 16, Rule 3 of the
1997 Rules Civil Procedure as Amended, provides:

Section 16. Death of party; duty of counsel. — Whenever a

party to a pending action dies, and the claim is not thereby
extinguished, it shall be the duty of his counsel to inform the
court within thirty (30) days after such death of the fact
thereof, and to give the name and address of his legal
representative or representatives. Failure of counsel to
comply with his duty shall be a ground for disciplinary action.

The heirs of the deceased may be allowed to be substituted

for the deceased, without requiring the appointment of an
executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.

The court shall forthwith order said legal representative or

representatives to appear and be substituted within a period
of thirty (30) days from notice.

If no legal representative is named by the counsel for the

deceased party, or if the one so named shall fail to appear
within the specified period, the court may order the opposing
party, within a specified time to procure the appointment of
an executor or administrator for the estate of the deceased
and the latter shall immediately appear for and on behalf of
the deceased. The court charges in procuring such
appointment, if defrayed by the opposing party, may be
recovered as costs.

Death certificate of Mr. Michael Green was attached as Annex “B”.

6. That the said loan is now overdue and despite demands made orally
and in writing by the plaintiff, defendant’s spouse refused and failed
to pay the amount as evidenced by the Demand Letter send by the
Bank’s Legal Counsel, dated January 01, 2014, photocopy of which
is hereto attached as Annex “C” and made an integral part hereof.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court

that after due hearing, judgment be rendered in favor of plaintiff and
against the defendant in this manner.

1. Ordering the defendant to pay plaintiff the amount of Seven

Hundred Fifty Thousand Pesos (P750,000) Philippine
Currency, with interest thereon at the rate of 36% per month,
compounded from September 15,2013, and until the same is
fully paid; and

2. Ordering the defendant to pay the cost of this suit.

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 Plaintiff likewise prays for such other and further relief or reliefs as
this Honorable Court may deem just and equitable in the premises.

Quezon City, Philippines, March 31, 2014.

GROUP ONE ASSOCIATES LAW

OFFICE
Counsel for the Plaintiff.
3rd. Floor New Era Building
No. 10 Magalang Street, Bgy.
Pinyahan, Mandaluyong City

For the Firm:

Juan Dela Cruz
IBP No. 827847, 6/8/11, QC
PTR No. 576784, 6/8/11, QC
Attorney’s Roll No. 374435
MCLE Compliance No. 11-0989699
MCLE Compliance No. 111-006969

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, Ang Bee Chin, of legal age, President of ABC Lending Corporation

located at No. 7 Ideal Street, Brgy. Additional Hills Mandaluyong City,
under oath, do hereby depose states that:

1. I am the complainant in the said case;

2. I have caused the preparation of the same and I attest to the

veracity of all the allegations stated herein;

3. I have read and understood all the allegations herein and that I
attest to the authenticity and veracity of all the documents
attached herein as based on existing and authentic records;

4. I further certify that I have not commenced or filed any claim

involving the same issues herein with any other Court.
Tribunal or Quasi-Judicial Agency or I am not aware of any
such other case or claim pending before any other court,
tribunal or quasi-judicial agency; and

5. Should I thereafter learn of the filing or pendency of such

similar action or claim, I will inform this Honorable Court of
such fact within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, I have hereunto affixed my hands this

31st day of March, 2014 at Mandaluyong City, Philippines.

Aaa bbb ccc

Affiant

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 SUBSCRIBED and SWORN TO before me this 31st day of March,
2014 at Mandaluyong City, Philippines, affiant exhibiting to me her CTC #
2014123456 issued on 20th day of March at Mandaluyong City,
Philippines.

NOTARY PUBLIC

Doc. No. __________

Page No. __________
Book No. __________
Series of 2014