Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 10, Davao City

NOSTRADAMUS N. NOSTI, Civil Case No. 3492

Plaintiff, For: Collection of Sum of
Money with Prayer of
-versus- Writ for the issuance of
Preliminary Attachment
JEROME J. JESTONINA,
Defendant.

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COMPLAINT

PLAINTIFF, through the undersined counsel, mostly respectfully

avers that:

THE PARTIES

1. That plaintiff, NOSTRADAMUS N. NOSTI, is a Filipino

citizen, of legal age, single and a resident of Blk 3 Lot 1,
Sunshine Dewville Subdvision, Brgy. Matina, Davao City;

2. The defendant, JEROME J. JESTONINA, is likewise a

Filipino, of legal age, single, and residing at Unit 3, 2nd Floor
Justaway Condominiums, Brgy Sasa, Davao City;

3. Both parties may be served with summons and other court

processes at their respective addresses;

STATEMENT OF FACTS

4. On November 22, 2018, defendant borrowed from plaintiff

the amount of FIVE MILLION PESOS (Php. 5,000,000.00),
which indebtedness is due and payable on or before
November 22, 2019 with an interest at the rate of 6% per
annum within one (1) year, in accordance with the
promissory note executed by the defendant on the said date.
A copy of said promissory note is attached and marked as
Annex “A” and made as an integral part hereof;

5. That the defendant has failed and refused and still fails and
refuses to pay the said indebtedness on due date, with

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 corresponding interest thereon to the herein plaintiff, despite
repeated requests and demands.

6. That the plaintiff served several demands to the defendant.

Attached is the last demand letter executed on January 10,
2020 by the plaintiff as annex “B” and made as an integral
part hereof;

7. That the defendant shall pay for the attorney’s fees and
expenses of litigation in the amount of FIFTY THOUSAND
PESOS (P 50,000.00) and a fee of FIVE THOUSAND
PESOS (P5,000) for every appearance in court, and to pay
the cost of this suit;

8. 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 FIVE MILLION PESOS
(P5,000,000.00) which is the plaintiff’s claim herein;

ALLEGATIONS

The Plaintiff further states and alleges:

9. That he has a valid and sufficient cause of action against the

herein defendant regarding the collection of sum of money
which is already due and demandable;

10. Defendant has removed or disposed of or is about to remove

or dispose of her property, with intent to defraud her creditors
thereby rendering nugatory and ineffective whatever money
judgment this honorable court may render in the above
entitled case;

11. That the defendant does not have sufficient security for the
claim sought for the plaintiff against him;

12. 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 FIVE MILLION PESOS
(P5,000,000.00) which is the plaintiff’s claim herein;

PRAYER

WHEREFORE, it is mostly respectfully prayed of this Honorable

Court that pending hearing of this case a writ of preliminary attachment be
issued against the property of the defendant to serve as security for the
satisfaction of any judgment that may be recovered herein; and that after due

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hearing on the principal cause of this action, judgment be rendered against the
defendant for the sum of the following:

1. Ordering defendant to pay plaintiff the amount of FIVE MILLION

PESOS (P 5,000,000.00) plus interest thereon at the rate of 6% per
annum from November 22, 2019, and until the same is fully paid; and

2. Ordering defendant to pay the attorney’s fees and expenses of litigation

in the amount of FIFTY THOUSAND PESOS (P 50,000.00) and a fee
of FIVE THOUSAND PESOS (P5,000) for every appearance in court,
and to pay the cost of this suit;

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

RESPECTFULLY SUBMITTED.

DONE.Davao City, Philippines. February 10, 2020.

(sgd.)
ATTY. JACOBO J. JUMAW
Counsel
Roll No. 54321/January 5, 2020
IBP Lifetime No. 09190
PTR No. 1276543, issued on May 05, 2019 at Davao City
MCLE No. IV-004222, issued on April 10, 2019 at Davao City
#60 Magallanes Street, Davao City

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
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VERIFICATION AND CERTIFICATION

I, NOSTRADAMUS N. NOSTI, of legal age, Filipino citizen, and a

resident of Blk 3 Lot 1, Sunshine Dewville Subdvision, Brgy. Matina, Davao
City, under oath, depose and state:

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

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

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3. I have read and understood the allegations therein contained and the
same are true and correct of my own personal knowledge and based
on authentic records;

4. I have not commenced any other action or proceeding involving the

same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; to the best of my knowledge and belief, no such
action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or other tribunal or agency; that I
should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court , the Court of Appeals,
or any other tribunal or agency, I under take to report that fact within
five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have signed this instrument on the 10th

day of February 2020, in the City of Davao, Philippines.

(sgd.)
NOSTRADAMUS N. NOSTI
Affiant

SUBSCRIBED AND SWORN TO before me, this 10th day of

February 2020, personally appeared to me a certain NOSTRADAMUS
N. NOSTI exhibiting to me his Community Tax Certificate No. 002945
issued on January 2020 at Davao City, Philippines and his Driver’s
License No. 5233 issued on November 9, 2018 at Davao City,
Philippines.

Doc. No. __ ;
Page No. ___ ;
Book No. ___;
Series of ___ .