Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch ___
________ City

MR. X, Civil Case No. 56962

Petitioner,
For: COLLECTION FOR A
SUM OF MONEY WITH
-versus- PRAYER FOR THE
ISSUANCE OF WRIT OF
MR. Y, PRELIMINARY ATTACHMENT
Defendant
x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel, and

unto this honorable court, most respectfully avers:

1. That Plaintiff is of legal age, Filipino, single, and a resident of No.

7, Rizal Street, Cabagñan, Blank City;

2. That Defendant, is of legal age, Filipino, single, a resident of No. 8

Danao Street, Kalipay, Blank City, where he may be served with
summons and other processes by this Honorable Court;

3. That sometime in January 2019, defendant obtained several

construction materials from the plaintiff in the total amount of
 P5,000,000.00 as evidenced by the Purchase Order and Delivery
receipt which are hereto attached as Annexes “A” – “D” hereof;

4. That as payment of the said construction materials, defendant

issued several postdated checks and represented that the same will
be covered by sufficient funds on its maturity dates. Copies of the
checks are hereto attached as Annexes “E” – “G” hereof;

5. That on its maturity date, the said checks was dishonored by the
drawee banks upon presentment for payment for reason
ACCOUNT CLOSED, as evidenced by the notice of dishonor
issued by the bank which is hereto attached as Annex “H” hereof;

6. That despite repeated demands orally and in writing, defendant

refused and continuously refusing to make good the said bounced
checks or pay the construction materials to the damage and
prejudice of herein plaintiff. Copy of the demand letter is hereto
attached as Annex “I” hereof;

7. That as a result of the unwarranted and unjustifiable refusal of the

defendant to pay the said construction materials or make good said
checks, plaintiff suffered sleepless nights, serious anxiety in which
he should be awarded the amount of P100,000.00 as moral
damages, and to set an example to the public, plaintiff should be
awarded exemplary damages un the amount of P100,000.00;

ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OF

PRELIMINARY ATTACHMENT
 Plaintiff re-pleads all the foregoing averments by way of
reference and in so far as they are relevant and material to its
application for the issuance of a writ of Preliminary Attachment;

8. A sufficient cause of action exists against the defendant;

9. The defendant is guilty of fraud in contracting and in the

performance of their obligation as manifested by defendant, Mr. Y,
who represented himself as a credible businessman and financially
capable of paying his obligation, when in truth and in fact, he is
not, and the fraudulent scheme becoming more evident when
despite demands, he failed and refused to settle without justifiable
ground his just and demandable obligation;

10.There is no sufficient security for the claim sought to be enforced

by the present action;

11.The amount due to the plaintiff in the above-entitled case is

P5,000,000.00, excluding legal fees and other charges as of to date
for which amount, an order of attachment is being sought above all
legal counterclaims against the Defendant;

12.Plaintiff is ready and willing to give a bond to be fixed by this

Honorable Court, executed to the defendant, to answer for all costs
which may be adjudged to the latter, and all damages which
defendant may sustain by reason of the attachment prayed for, if
the court shall finally adjudge that Plaintiff is not entitled thereto;

In support of the foregoing allegations, the Plaintiff has attached

hereto his affidavit.
 WHEREFORE, premises considered, it is most respectfully
prayed unto this Honorable Court that, after hearing, judgment be
rendered as follows:

1. An order of attachment be immediately issued by this

Honorable Court, requiring the sheriff to attach properties of
the Defendant which are not exempt from execution or so much
thereof as may be sufficient to satisfy Plaintiff’s demand which
is in the total amount of P5,000,000.00; and after hearing;

2. Judgment be rendered ordering the defendant to pay plaintiff

the amount of P5,000,000.00, representing unpaid account
excluding legal fees and other charges as of to date;

3. Ordering the defendants to pay the plaintiff the amount of

P100,000.00 as moral damages, and P100,000.00 as exemplary
damages;

4. P50,000.00 by way of Attorney’s fees and P2,500.00 as per

appearance fee and costs of suit;

5. Ordering the defendant to pay the costs of suit.

Other reliefs which are just and equitable are likewise prayed for.

Blank City, January 26, 2021.