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.