Republic of the Philippines

6TH JUDICIAL REGION

Regional Trial Court
Branch 25
Iloilo City

MARIO A. SAKAY, Civil Case No. CV-2018-23

Plaintiff FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
- versus -

TOMAS B. TIMBO,
Defendant
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COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court,

hereby respectfully avers:

1. That plaintiff is of legal age, Filipino, married, and a resident of

Balantang, Jaro, Iloilo City, Philippines while the defendant is also of legal
age, married, Filipino and a resident of Brgy. Bituon A., Jaro, Iloilo City,
Philippines where summons and court processes may be served;

2. That on February 14, 2018, the defendant borrowed from the

plaintiff a sum of money amounting to Two Million Pesos
(PhP2,000,000.00) with an agreed interest of five percent (5%) per month as
evidenced by a promissory note herein attached as Annex “A” and form an
integral part of this complaint;

3. That as shown in the attached promissory note, the indebtedness of

the defendant has become due and demandable on February 14, 2019;

4. That despite plaintiff's repeated demands, both written and verbal,

defendant failed, neglected and refused to fulfill obligations without just and
valid grounds to the continued damage and prejudice of plaintiff, as
evidenced by Annex “B” – Demand Letters;

5. That the plaintiff in order to enforce his rights and interests, has
sought the services of a legal counsel with attorney’s fees amounting to Two
Hundred Thousand Pesos (PhP 200,000.00) and an appearance fee of Two

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Thousand Pesos (PhP 2,000.00) per hearing as evidenced by Annex “C” –
Contract for Legal Services;

6. That the plaintiff has paid for litigation expenses amounting to

Thirty Thousand Pesos (PhP 30,000.00) as evidenced by Annex “D” –
Official Receipt;

7. That the plaintiff has suffered moral damages at the sum discretion
of the Honorable Court;

WHEREFORE, premises considered, it is hereby respectfully prayed

before the Honorable Court to render decision in favor of the plaintiff and
order the defendant to pay the following:

a. the sum of Two Million Pesos (PhP 2,000,000.00) plus interest at

the rate of five percent (5%) per month as stipulated in the
promissory note;

b. moral damages, exemplary damages at the sum discretion of the

court;

c. attorney’s fees amounting to Two Hundred Thousand Pesos (PhP

200,000.00) and an appearance fee of Two Thousand Pesos (PhP
2,000.00) per hearing

d. litigation expenses amounting to Thirty Thousand Pesos (PhP

30,000.00).

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

Oton, Iloilo City, December 19, 2022.

ATTY. ISIDORE T. TAROL III

Notary Public
Valid until December 31, 2023
Roll of Attorneys No. 753000
PTR NO. 12345-753, Iloilo City, June 27, 2023
IBP NO. 753-12345, Iloilo City, June 27, 2023
MCLE Compliance. No. IV-12345-7530
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF ILOILO ) SS.

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

VERIFICATION AND CERTIFICATION

I, MARIO A. SAKAY, of legal age, Filipino, married, and a resident

of Balantang, Jaro, Iloilo City, Philippines, after being sworn in accordance
with law, hereby depose and say:

(1) That I am the Plaintiff in the above-entitled case;

(2) That I have caused the preparation of the above Complaint and I
have read the same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my
own personal knowledge and based on authentic records.

(4) That I further certify that: I have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; if I should
thereafter learn that the same or similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5)
days therefrom to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th

day of December 2022 at Oton, Iloilo City, Philippines.

MARIO A. SAKAY
Affiant
TIN 1234-7890; Iloilo City

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 SUBSCRIBED AND SWORN to before me, this 19th day of
December 2022, affiant exhibiting to me his Tax Identification Card as
shown above below his name as competent evidence of his identity.

ATTY. ISIDORE T. TAROL III

Notary Public
Valid until December 31, 2023
Roll of Attorneys No. 753000
PTR NO. 12345-753, Iloilo City, June 27, 2023
IBP NO. 753-12345, Iloilo City, June 27, 2023
MCLE Compliance. No. IV-12345-7530

Doc. No. 2;
Page No. 2;
Book No.1;
Series of 2022

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