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Republic of the Philippines

REGIONAL TRIAL COURT
City of Iloilo
Branch 05

Joe Grana
Plaintiff,

-Versus- Civil Case No. 23456

For: Collection of Sum
of Money

Juan Jamero
Respondent

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COMPLAINT

COMES NOW the Plaintiff, by the undersigned counsel and

unto this Honorable Court, respectfully avers that:

PARTIES

The plaintiff is 30 years old, Male, Filipino citizen, and a

bonafide resident of 111 Libertad Street, Sampaloc Manila.
Meanwhile, the respondent is 31 years of age, Male, Filipino citizen,
and residing at 222 Juan Luna Street, Tondo, Manila where he may
be served with summons, orders and other legal procedures of this
honorable court;

Plaintiff, Joe Grana, in whose behalf this application is being

made, is actually financially bothered by the respondent, Juan
Jamero who is working as manager in DS Man Philippines.

ALLEGATIONS COMMON TO ALL CAUSES

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1.0 On December 23, 2007, Juan Jamero chatted Mr. Grana via
messenger to borrow an amount of Php1,000,000 for the
surgery and hospital bills of Jamero’s mother;

1.1 They both agreed on a 12 percent interest per annum (Php

120,000.00) to be paid at the end of the year with the full loan
balance of Php1,000,000 to be paid on the first day of the
following year;

1.2 On January 03, 2008 they met at the BPI – Balut Tondo Branch
Juan Luna Street, Tondo Manila where Grana handed over a
manager’s cheque in the name of Juan Jamero with the
promissory note for the amount of Php1,000,000. which is
atteached in Annex A. On the same day, the respondent
encashed the cheque and informed Mr. Grana via text message
that the transaction was successful;

1.3 On January 05, 2009, Grana tried but failed to contact Jamero
to ask him about the payment for his load which was already
due on January 03, 2009;

1.4 In early February 2020, Grana went to Jamero’s office, but was
told that respondent was on leave;

1.5 On March 05, 2009, having not received a payment from

Jamero after a year, Grana went to Jamero’s house in 222
Juan Luna Street, Tondo, Manila to ask about the loan interest
payment, but Jamero’s helper told Grana that the respondent is
on his annual vacation and could not be contacted;

1.6 Jamero remained incommunicado in April and May, and was

not able to pay his interest loan up to May 31, 2008;

1.7 However, on June 05, 2008, Jamero issued a post-dated

cheque dated June 15, 2008 in the name of the plaintiff for the
amount of Php1,120,000.00 as payment interest loan;

1.8 On June 16, 2008, when Grana tried to encash the post-dated
cheque issued by Jamero at Banco De Oro- Tutuban Branch,
Tondo, Manila he was told by the bank staff that the checking
account for the said cheque was inactive;
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1.9 On leaving BDO bank branch cited above, Grana tried but
failed to contact jamero at his office;

1.10 On June 30, 2008, Grana went to Jamero’s residence again,

but the respondent was not there. Grana left a note with the
Jamero’s house helper warning Santos that if he could not
settle his debt plus interest by July 15,2008, plaintiff would
consult a lawyer about the issue;

1.12 By the end of July 2008, Jamero remained unresponsive and

still failed to pay his loan plus interest. As a result, Grana
consulted the ArcoTorres Herrera law firm regarding the matter;

1.13 Grana then sent a final demand letter thru his counsel on
August 15, 2008 requesting the defendant to settle his debt with
the amount of Php1,000,000 plus interest of Php120,000.00
Pesos within fifteen (15) days.

1.14 After fifteen days (15) days, Jamero did not make any effort to
settle his debt. As per advice of Grana’s counsel, plaintiff
agreed to initiate a suit against Jamero without passing through
the Katarungang Pambarangay system. Pursuant to the
Katarungang Pambarangay under Section 408, paragraph (F)
thereof states that parties may go directly to court in the
following instances: “Disputes involving parties who actually
reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties
thereto agree to submit their differences to amicable settlement
by an appropriate lupon.” In this case, the plaintiff and
defendant did not agree to have the matter settled by a lupon,
hence the plaintiff, who files for a suit for collection of money,
need not secure the Certification to File Action from the Office
of the Barangay Captain of 222 Juan Luna Street, Tondo,
Manila where he is residing.”

FIRST CAUSE OF ACTION

2.0 All the allegations in the foregoing paragraphs are repleaded

herein by way of reference.
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2.1 Defendant's obstinate refusal to settle the loan despite the

length of time given to settle caused much prejudice to the
plaintiff. Thus, defendant should be ordered to pay the full
amount of Php Php100,000.000 plus total unpaid interest of
Php120,000.00 per month, and one percent penalty on the total
amount from the time the first demand to pay was made until
respondent has settled the amount in full.

SECOND CAUSE OF ACTION

3.0 All the allegations in the foregoing paragraphs are repleaded

herein by way of reference.

3.1 That plaintiff, hereof reposed trust and confidence on defendant

by allowing him the SAID AMOUNT OF LOAN, and as a
consequence, the loan has not yet been settled up to now, for
which caused plaintiff serious anxiety, and wounded feelings.
For this reason, defendant must be condemned to pay moral
damages in the amount of Php50,000.00 to compensate for the
untold suffering of plaintiff which cannot be equated with
money.

THIRD CAUSE OF ACTION

4.0 All the allegations in the foregoing paragraphs are repleaded

herein by way of reference.

4.1 The deliberate and unjustified refusal of defendant to settle his

debt is indicative of bad faith. Therefore, defendant must be
condemned to pay exemplary damages in the amount of not
less than Php40,000.00 by way of example for the public good.

FOURTH CAUSE OF ACTION

5.0 All the allegations in the foregoing paragraphs are repleaded

herein by way of reference.

5.1 Defendant's unwarranted refusal to pay his debt has compelled

the plaintiff to engage the services of counsel for a fee in the
amount of Php30,000.00 and incurred litigation expenses in the
amount not less than Php30,000.00.

WHEREFORE, it is respectfully prayed of this Honorable Court that

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after hearing, judgment be rendered in favor of plaintiffs as follows:

1. Ordering Defendant to pay Plaintiff the amount of Php200,000.000

as actual damage plus Php120,000.00 in total interest and five
percent penalty on the total amount from the time the first demand to
pay was made until respondent has settled the amount in full;

2. Ordering Defendant to pay Plaintiff the amount of Php50,000.00 as

moral damages;

3. Ordering Defendant to pay Plaintiff the amount of Php40,000.00 as

exemplary damages;

4. Ordering Defendant to pay Plaintiff the amount of Php30,000.00 by

way of attorney's fees and for the litigation expenses of not less than
Php30,000.00;

5. Ordering the Defendant to pay the cost of the suit. Other just and
equitable reliefs are likewise prayed for.

Iloilo City, Philippines

May 15, 2021

Reynald L. Torres,
Counsel for Plaintiff
Arco, Torres, Herrera Law Firm
333 Antipolo Street, Tondo Manila
1119
Telephone No. 123-4567
Roll No. 345678
IBP No. 12345, 05/15/21, Tondo,
Manila
PTR No. 1234567, 05/15/21
Tondo, manila
MCLE Compliance No. V1234567
05/15/21, Iloilo City
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VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, Joe Grana, Filipino Citizen, of legal age, and with postal address at
111 Libertad Street, Sampaloc Manila subscribing under oath hereby
depose and say:

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

2. That I have a caused the preparation of the foregoing Complaint.

3. That I have read the allegations contained therein and have known
them to be true and correct to my own personal knowledge or based
on authentic records.

4. That I hereby certify that I have not commenced any other action or
proceeding involving the same issues with the Supreme Court, the
court of Appeals, or with any other tribunal or agency.

5. That to the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency. If I should thereafter learn that a similar action or
proceeding has been filed or is pending before said courts, I hereby
undertake to report said fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this May

15,2008 in the City of Tondo, Manila, Philippines.

JOE GRANA
Affiant
CTC No. 12345678
ID No. 1234-267891

SUBSCRIBED AND SWORN to before me, this May 15, 2008 by

affiant, with Community Tax Certificate No. and Identification Card
No. indicated below his respective name. Doc. No. 123; Page No. 12;
Book No. 3; Series of 2021

Doc. No. 123;

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Page No. 12;

Book No. 1;
Series of 2021