Republic of the Philippines

MUNICIPAL TRIAL COURT

Fifth Judicial Region
Branch 1
Sorsogon City

JOSE B. ALAMER,
Plaintiff,
CIVIL CASE
- versus - For: Sum of Money

JUAN DELA CRUZ

Defendant.
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C O M P L A I N T- A F F I D A V IT
COMES NOW PLAINTIFF, through the undersigned counsel, unto this
Honorable Court, most respectfully alleges:

1. That Plaintiff JOSE B. ALAMER is of legal age, Filipino, married, with

capacity to sue and be sued, with residence and postal address at Bayanihan
Street, Brgy. Piot, Sorsogon City, where he can be served with summons
and other court process;

2. That Defendant JUAN DELA CRUZ is of legal age, Filipino, with capacity
to sue and be sued and a resident of Block 10, Lot 4, St. Rafael Subdivision,
Brgy. Pangpang, Sorsogon City, where he can be served;

3. That on July 23, 2019, Defendant borrowed the amount of One Hundred
Thousand Pesos (P100, 000. 00) from the plaintiff with the promise to pay
within one month from the said date, with an agreed interest of one percent
(1%) per month as evidenced by a promissory note which is hereto attached
as Annex “A” hereof;

4. That after the lapse of the period agreed upon, defendant failed to pay the
amount of the loan and its interest;

5. That plaintiff sent a demand letter to the defendant for the payment of the
loan plus interest. Copy of the demand letters by registered mail and
received as shown by registry receipts to and from the defendant is hereto
attached as Annex “B”.
 6. That despite repeated demands orally and in writing, defendant refused and
continuously failed to pay the amount of P100, 000. 00 and its interest to
the damage and prejudice of herein plaintiff;

7. That on May 10, 2020 plaintiff filed a complaint before the barangay, and
after several hearings, no amicable settlement was reached between the
parties as evidenced by the Certificate to File Action which is hereto
attached as Annex “C”;

WHEREFORE, premises considered, it is most respectfully prayed unto

this Honorable Court that, after hearing, judgment be rendered as follows:

1. Ordering the defendant, to pay the plaintiff the amount of

P 100,000.00 representing the loaned amount;
2. Ordering the defendant to pay the plaintiff an interest of 1% of the total
amount P 16, 000.00 for sixteen (16) months as agreed upon;
3. Ordering the defendant to pay the cost of suit.

VERIFICATION

I, JOSE B. ALAMER, Filipino, of legal age, single and a resident of

Bayanihan Street, Brgy. Piot, Sorsogon City, under oath depose and say:

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

2. That I have caused the preparation and filing of the foregoing Petition
and I have read all the allegations therein which are true and correct
based on my personal knowledge and authentic documents;

3. That I further certify that there is no pending action or proceeding

involving the same issues in the Supreme Court, Court of Appeals, or
any other tribunal or agency. If I should thereafter learn that the same or
similar action is pending, I shall undertake to inform the Honorable Court
of this fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

__ day of _________ in _________________.

JUAN DELA CRUZ

ID No.: 90-3095-2020
 SUBSCRIBED AND SWORN to before me this ______________ at
Sorsogon City, Philippines, affiant being personally known to me to be the
same person who executed the foregoing and acknowledge to me that the
same is his free voluntary act and deed.

Doc No.
Page No.
Book No.
Series of 2020

Copy furnished:

(NAME)
(Address)