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.