Republic of the Philippines

6th Judicial Region

REGIONAL TRIAL COURT
Branch ____
Iloilo City
-o0o-

SPOUSES SALVADOR CHUA AND VIOLETA S. CHUA,

Plaintiffs,
-vs.-
CIVIL CASE No. 18880
For: Collection for Sum of Money
RODRIGO DE VERA,
Defendant.
x------------------------------------------------------------x

COMPLAINT WITH PRAYER

COMES NOW the Plaintiff, by undersigned counsel, and unto this

Honorable Court, most respectfully alleges that:

THE PARTIES

1. Plaintiff are, SPOUSES SALVADOR CHUA AND VIOLETA S. CHUA are also of
legal ages, Filipinos, and., Iloilo City, Philippines. For purposes of this action,
Plaintiff may be served with copies of notices and orders of the Honorable Court
at the office address of the undersigned counsel indicated below;

2. Defendant is, RODRIGO RIVERA of legal age, Filipino. For purposes of this
action, they may be served with summons and other processes of this Honorable
Court at their residential address at Brgy. Calumpang Dingle, Iloilo.

FACTS OF THE CASE

3. On 24 February 1995 Defendant RIVERA obtained from and was granted a loan
accommodation by the Plaintiff in the principal amount of One Hundred
twenty thousand Pesos (PhP 120,000.oo), Philippine Currency;

4. As evidence of the loan incurred, Defendants executed a Promissory Note1. A true

and faithful machine reproduction of the aforesaid Promissory Note executed by
Defendant Rodrigo is hereto attached;

5. The aforesaid Promissory Note stated that the date of the release of the principal
amount of loan was February 24, 1995 and the whole obligation becomes due and
demandable on February 2, 1998 or per provision of above-Promissory Note, in
case of non-payment of any installment and/or interest and other charges the
same becomes due and demandable;

1 Attached herein is a copy of the Promissory Note executed by Rodrigo Rivera and marked as Annex “B”
6. On October 1998, almost three years from the date of payment stipulated in the
promissory note, De Vera as partial payment for the loan, issued and delivered
to the Spouses Chua, as payee, a check numbered 012467, dated 30 December
1998, drawn against Rivera’s current account with the Philippine Commercial
International Bank (PCIB) in the amount of ₱25,000.00.

7. On 21 December 1998, the Spouses Chua received another check presumably

issued by De Vera likewise drawn against De Vera ‘s PCIB current account,
numbered 013224, duly signed and dated, but blank as to payee and amount.
Ostensibly, as per understanding by the parties, PBB Check No. 01333 was issued
in the amount of ₱135,501.00 with "cash" as payee.

8. Purportedly, both checks were simply partial payment for De Vera’s loan in the
principal amount of ₱120,000.00. De Vera is required to pay (the spouses Chua)
₱120,000.00 plus stipulated interest at the rate of 5% per month from 1 January
1996, and legal interest at the rate of 12% percent per annum from 11 June 1999,
as actual and compensatory damages; 20% of the whole amount due as attorney’s
fees.

9. Hence, Plaintiff is now filing this Complaint so as to recover its property which
has long been deprived by Defendant. By the institution of this action, Plaintiff
wishes to protect its rights;

10. In the case at the bar, Defendant evidently acted in bad faith and with outright
malice to divest Plaintiff of its rightful legal right over its property. Plaintiff was
forced to seek the services of counsel due to the malicious actions of Defendant.
Hence, judicial costs, attorney’s fees, and expenses of litigation should also be
awarded to Plaintiff;

PRAYER

WHEREFORE, after due notice and hearing, Plaintiff respectfully prays that
judgment be rendered against the Defendants as follows:

1. Ordering the Defendant De Vera to pay Plaintiff the sum of:

a. The amount of One Hundred twenty thousand Pesos

(PhP120,000.00) Philippine Currency, representing Defendant's
Outstanding Balance plus interest;

b. Judicial costs and litigation expenses in the sum of Twenty

Thousand Pesos (PhP20,000.00), Philippine Currency; and

2. Awarding Plaintiffs moral and exemplary damages in the amount left to the
sound discretion of this Honorable Court.

Page | 2
 Plaintiff respectfully prays for such other reliefs as may be just and
equitable in the premises.

RESPECTFULLY SUBMITTED.
February 14, 2020, Iloilo City, Philippines.

LAW FIRM OF Blanza-Xian

Counsel for the Plaintiff
Brgy. Poblacion 2, Duenas Iloilo
Office Landline Number: {(63) (033) 333-5262)}

By:

ATTY. LOUISE ANGELOU A. BLANZA

Attorney’s Roll No. 121321
PTR No. 1444906- January 5, 2016, PTO Duenas
IBP O.R. No. 836260— January 4, 2016, IBP-Duenas Chapter
MCLE Compliance NO. IV 000-24770. 27 January 2015

VERIFICATION AND CERTIFICATION

AGAINST NON FORUM SHOPPING

I, SALVADOR CHUA, of legal age, and a resident of Dingle Iloilo, Philippines,

after having been duly sworn into in accordance with law, do hereby depose and state that:

1. I am the authorized representative of the Plaintiff in the above captioned case;

2. I have caused the preparation of this Complaint with Application for the
Issuance of a Writ of Preliminary Attachment;
3. I have read the same and the contents thereof are known to me to be true and
correct based on my own personal knowledge and authentic records; and
4. I further testify that I have not commenced any other action or proceeding
involving the same issues in any court or quasi-judicial bodies; that no action or
proceeding same as of this case is pending before any court or quasi-judicial
bodies based on my personal knowledge; and that in case I learn of any case
pending involving the same parties and issues, I undertake the responsibility to
report the same to this office within (5) days from discovery of the same.

IN WITNESS WHEREOF, I hereunto affix my signature this ___________________ at Iloilo

City, Philippines.

SALVADOR CHUA
Affiant

SUBSCRIBED AND SWORN to before me this ______________ at Iloilo City, Affiant

exhibiting to me his ID bearing number __________ issued by _________

Doc. No. ____

Page | 3
Page No. ____
Book No. ____
Series of 2016.

Republic of the Philippines )

CITY OF ILOILO ) S.S.
x-----------------------------x

Page | 4