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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
BAGUIO CITY BRANCH 5

Alexander D. Petmalu,
Plaintiff,

-versus- CIVIL Case No. 465626


For: Collection of Sum of Money
with Prayer of writ for the
issuance of Preliminary
Attachment

Juan G. Lodi,
Defendant.

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

COMPLAINT

PLAINTIFF, through counsel, most respectfully avers:

The plaintiff is a Filipino, of legal age, single and residing at 111

Honeymoon Road, Baguio City, while the defendant is likewise a Filipino,

of legal age, single, and residing at 222 Teodoro Alonzo, Baguio City where

he may be served with summons.

II

On August 28, 2015, defendant obtained a loan from the plaintiff the

sum of ONE MILLION (Php. 1,000,000.00) PESOS, which indebtedness is

due and payable on or before August 28, 2018, with an interest at the rate of
12% per annum, duly executing in favor of the plaintiff a promissory note

which, in words and in figures, reads as follows:

P1, 000,000.00 Baguio City


August 28, 2015

For value received, I hereby promise to pay ALEXANDER D.


PETMALU or order the sum of Php1,000,000.00 on or before May 28,
2018. With interest at the rate of Twelve percent (12%) per year.

S/T JUAN G. LODI

A copy of the aforementioned promissory note is hereto attached and

marked as Annex “A” and made integral part of this complaint;

III

The defendant failed to pay the amount of Php1,000,000.00 on the

maturity date of the promissory note sued upon and, despite repeated

demand, he has until now failed and refuse to pay the said amount.

The plaintiff has served several demands, verbal and written, to the

defendant. Attached is the demand letters executed by the plaintiff and

marked as Annex “B - D” and made as an integral part hereof.

IV

As a consequence of the foregoing, the plaintiff has to litigate and to

engage the services of the undersigned counsel in whose favor he has

incurred the obligation to pay attorney’s fees in the sum Php100,000.00.

Plaintiff also suffered sleepless nights, serious anxiety in which he should be

awarded the amount of one hundred thousand (P100,000.00) pesos as moral

damages, and to set an example to the public, plaintiff should be awarded


exemplary damages of the amount of one hundred thousand (P100,000.00)

pesos.

Allegations in support for the Issuance of writ of Preliminary Attachment

Plaintiff further states and alleges:

The plaintiff has a valid and sufficient cause of action against the

defendant regarding the collection of sum of money which is already due

and demandable.

VI

That defendant is about to remove or dispose of his property, with

intent to defraud his creditors thereby rendering nugatory and ineffective

whatever money judgment this honorable court may render in the above

entitled case.

VII

The defendant does not have sufficient security for the claim sought

for the plaintiff against him.

VII

The amount due to the plaintiff is as much as the sum for which an

order of attachment is sought to be granted, above all legal counterclaims on

the part of the defendant.

VIII

That the plaintiff is willing to put up a bond for the issuance of a

preliminary attachment in an amount to be fixed by the court, not exceeding


the sum of ONE MILLION PESOS equal to the amount of the plaintiff’s

claim, upon the condition that the plaintiff will pay the costs that may be

adjudged to the defendant and all damages which he may sustain by reason

of the attachment, if this Court so adjudge that the applicant was not entitled

thereto.

In support of the foregoing allegations, the plaintiff has attached

hereto his affidavit.

WHEREFORE, it is most respectfully prayed of this Honorable

Court that:

(1.) Pending hearing of this case, a writ of preliminary

attachment be issued against the property of the defendant

located in # 143 Happy Hallow, Baguio City, and those

properties which are not exempt from execution, or so

much thereof as maybe sufficient to serve as security for

the satisfaction of any judgment that may be recovered

herein; and

(2.) After due hearing on the principal cause of this action,

judgment be rendered against the defendant for the sum of

the following:

A. Ordering defendant to pay plaintiff the amount of one

million pesos (Php. 1,000,000.00) plus interest thereon at


the rate of 12% per annum from August 28, 2015, and until

the same is fully paid;

B. Ordering defendant to pay the plaintiff the amount of

P100,000.00 as moral damages, and P100,000.00 as

exemplary damages; and

C. Ordering defendant to pay the attorney’s fees and

expenses of litigation in the amount of Php. 150,000.00 and

a fee of P5,000 for every appearance in court, and to pay

the cost of this suit;

Plaintiff likewise prays for such other and further relief or reliefs as

this Honorable Court may deem just and equitable under the premises.

Baguio City, Philippines, September 9, 2018.

ATTY. TEOFILO TAMIDAY


Counsel for the Plaintiff
Unit 3B, 3rd Floor, Porta Vaga Building
Session Road, Baguio City
Tel No. (074) 422-4388/ 09057037608
Attorney’s Roll No. 987426
PTR No. 627788, Baguio City
IBP No. 772626, Baguio-Benguet Chapter
MCLE Compliance No. 8793626, 2/27/2018

ATTY. MELANIE B. AYODOC-ALICAY


Collaborating Counsel for Plaintiff
Room 201, 2nd Floor, Astorga Building
Session Road, Baguio City
Tel No. (074) 422-5242/ 09992220216
Attorney’s Roll No. 974738
PTR No. 675210, Baguio City
IBP No. 102438, Baguio-Benguet Chapter
MCLE Compliance No. 764764, 2/27/18
ATTY. BRENT B. BULIYAT
Collaborating Counsel for Plaintiff
Room 649, 1st Floor, Laperal Building
Session Road, Baguio City
Tel No. (074) 423-5662/ 09992636216
Attorney’s Roll No. 985538
PTR No. 775200, Baguio City
IBP No. 112538, Baguio-Benguet Chapter
MCLE Compliance No. 653764, 2/26/18

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES}

CITY OF BAGUIO } S.S.

I, ALEXANDER D. PETMALU, of legal age, Filipino and with

residence at No. 111 Honeymoon road, Baguio City under oath state:

1. I am a plaintiff in the above-stated case;

2. I have caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true

and correct of my personal knowledge and/or on the basis of copies of

documents and records in my possession;

I FURTHER CERTIFY THAT:

1. I did not therefore commence any action or any claim involving

the same issues in any court, tribunal or quasi-judicial agency


and to the best of my knowledge, no such other action or claim

is pending therein;

2. In the event that there is such other similar action or proceeding

or if I should hereafter learn that such similar action or

proceeding has been filed or is pending before the Supreme

Court, Court of Appeals and any court, or any other tribunal or

agency, I will promptly inform the Honorable Court of the fact

and status of the same within five (5) days from knowledge there

from.

FURTHER I SAYETH NOT.

IN WITNESS WHEREOF, I have hereunto set my hand this 9th

day of September 2018 at Baguio City, Philippines.

Alexander D. Petmalu

Affiant

SUBCRIBED and sworn to before me, this day of 9 September


2018, in the City of Baguio, Philippines, by Alexander D. Petmalu
exhibiting to me his Driver’s License with no. A04-89-9847823 issued on
ATTY. DENVER A. GAMLOSEN
August 13, 2012, at Baguio City, Philippines.
NOTARY PUBLIC
#1 Feliz Loy Building, Shuntug Street, Bokawkan
Road, Baguio City
Commission Serial No. 105
Until December 31, 2019
Doc. No. _24___; Roll No. 10987
P.T.R. No. 0007, 1/4/2018, Baguio City.
Page No. _24__; IBP No. 0003, 1/9/2018, Baguio-Benguet Chapter
MCLE Compliance No. 1234, 2/25/18
Book No. __4__;

Series of 2018.BAGUIO CITY,


PHILIPPINES
“ANNEX A”

PROMISSORY NOTE

August 28, 2015


Baguio City, Philippines

Php. 1,000,000.00
Promissory Note
For value I received, I promise to pay to the order of Alexander D. Petmalu the

sum of One million pesos (Php. 1,000,000.00) with 12% interest per annum on or

before May 28, 2018, at his house in 111 Honeymoon., Rd., Baguio City.

JJodi
Juan Lodi
“ANNEX B”

TAMIDAY AND ASSOCIATES


Lawyers and Notary Public
Unit 3B, 3rd Floor, Porta Vaga Building
Session Road, Baguio City

DEMAND LETTER

June 1, 2018

Mr. Juan G. Lodi


222 Teodoro Alonzo

Dear Sir:

Our client Alexander D. Petmalu had referred to us his case as regards to your
indebtedness amounting to One million Pesos (Php. 1,000,000.00). Please be reminded
that your promissory note has become due on May 28, 2018. Kindly make necessary
payments to our client on or before 4 pm on June 10, 2018.

Thank You and God Bless.

ATTY. TEOFILO TAMIDAY


Counsel for the Plaintiff