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Complaint
Complaint
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.
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;
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;
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Attached herein is a copy of the Promissory Note executed by Rodrigo Rivera and marked as Annex “B”
6. On October 22, 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.
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:
2. Awarding Plaintiffs moral and exemplary damages in the amount left to the
sound discretion of this Honorable Court.
Plaintiff respectfully prays for such other reliefs as may be just and
equitable in the premises.
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RESPECTFULLY SUBMITTED.
February 14, 2020, Iloilo City, Philippines.
By:
SALVADOR CHUA
Affiant
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Book No. ____
Series of 2016.
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