REPUBLIC OF THE PHILIPPINES

4TH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH _____
BATANGAS CITY

JUAN DE LA CRUZ, CIVIL CASE NO. _____

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

PEDRO SANTOS,
Defendant
x -----------------------x

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court, hereby
respectfully avers:

1. PLAINTIFF, of legal age, Filipino, married, and a resident of C. Tirona

St., Batangas City, Philippines and is a sole proprietor engaged in the sale of
poultry feeds and supplies, doing business under the name JUAN POULTRY
SUPPLY at C. Tirona st., Batangas City, Philippines;

2. DEFENDANT, of legal age, single, Filipino and a resident of 123

Alalum, San Pascual, Philippines, where summons and court processes may be
served;

3. That the plaintiff sells poultry feeds and supplies on cash and on credit
subject to a 5% interest to certain trusted clients. Purchases on account shall be
payable within ten days from the date of the invoice;

4. On October 13, 2020, Plaintiff, Juan de la Cruz reviewed the records of

Pedro Santos, and it appeared that he made the following purchases on account, are
as follows, to wit;

Date Sales Invoice No. Amount

Oct. 2, 2019 12301 P 50,000.00

Nov. 6, 2019 12311 100,000.00

 Dec. 5, 2019 12315 100,000.00

Jan. 5, 2020 12325 150,000.00

Feb. 9, 2020 12335 50,000.00

Mar. 3, 2020 12350 80,000.00

Total (inclusive of interest) P 530,000.00

5. The records also reveal that he made no payment on the above purchases;

6. That on October 13, 2020 a demand letter was personally served and
several demands were made by the credit collector of Juan de la Cruz but Pedro
Santos failed to pay;

7. That it has been more than ten days since the receipt of the said demand
letter but the defendant, Pedro Santos, has shown that he has no intention of paying
the plaintiff;

8. 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
“A” – Demand Letters;

9. 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
THOUSAND PESOS (PhP 2,000.00) per hearing as evidenced by Annex “B” –
Contract for Legal Services;

10. That the plaintiff has paid for litigation expenses amounting to
TWENTY THOUSAND PESOS (PhP 20,000.00) as evidenced by Annex “C” –
Official Receipt;

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

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 FIVE HUNDRED THIRTY THOUSAND PESOS (PhP

530,000.00) 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 TWENTY THOUSAND PESOS

(PHP 20,000.00).

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

Batangas City, November _____, 2020

ATTY. MARINEL MARQUEZ

Counsel for Petitioner
Marquez Law Office, Gulod Itaas, Batangas City
Roll of Attorneys No. 242788
PTR NO. 947493, 01/06/20, Batangas City
IBP NO. 736402, 01/04/20, Batangas City
MCLE Comp. No. IV-92047202, 01/02/20

REPUBLIC OF THE PHILIPPINES )

CITY OF BATANGAS ) Ss.

VERIFICATION AND CERTIFICATION AGAINST

NON-FORUM SHOPPING

I, JUAN DE LA CRUZ, of legal age, Filipino, married, and a resident of C.

Tirona St., Batangas 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 ___th day of

November 2020 at Batangas City, Philippines.

JUAN DE LA CRUZ
Affiant
D01-249249-0389

SUBSCRIBED AND SWORN to before me, this ___th day of November

2020, affiant exhibiting to me his Tax Identification Card as shown above below
his name as competent evidence of his identity.
 ATTY. MARINEL MARQUEZ
Counsel for Petitioner
Marquez Law Office, Gulod Itaas, Batangas City
Roll of Attorneys No. 242788
PTR NO. 947493, 01/06/20, Batangas City
IBP NO. 736402, 01/04/20, Batangas City
MCLE Comp. No. IV-92047202, 01/02/20

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2020;
 MARQUEZ LAW OFFICE
August 8, 2020

MR. PEDRO SANTOS

123, Brgy. Alalum, San Pascual Batangas

Mr. Santos:

I write in behalf of my client, JUAN POULTRY SUPPLY.

Records forwarded to me by my client reveals that you entered into an agreement with
them. As of this date, you have an outstanding obligation in the amount of FIVE HUNDRED
THIRTY THOUSAND PESOS (PhP 530,000.00) from JUAN POULTRY SUPPLIES
representing your equitable balances to my clients services and products.

In connection with this, I have received a definite instructions from my clients to file a
case against you. However, I deemed it appropriate to hold the same in abeyance in order that
you may settle this matter.

I will give you an opportunity to pay the amount due before suit is filed; however,
payment must be made in strict accordance with the terms of this letter. To avoid legal
proceedings, full payment of the total amount due must be received in our office within TEN
(10) DAYS from the receipt of this letter. Payment must be made in cash or certified funds.
Unless you contest the validity of this indebtedness in writing, we will assume that the debt is
valid.

Should you still fail to heed this FINAL DEMAND, I shall be constrained to initiate
appropriate proceedings to protect my client’s interests for which I shall also hold you
accountable to pay attorney’s fees and costs of suit. I trust that you will avail of the opportunity
to avoid litigation and its consequent embarrassment on your part.

Sincerely,

ATTY. MARINEL MARQUEZ