Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch _____
Quezon CITY
RAY PATPAT,
Plaintiff, Case No.________________
For:
-versus- Collection of Sum of Money

RENE LAOLAO,
Defendant.
x-----------------------------------------------x

COMPLAINT

COMES now the Plaintiff, by and through the undersigned

counsel, and unto this Honorable Office, respectfully alleges that:

THE PARTIES
1. Plaintiff, _________, is of legal age, single, Filipino Citizen and a
resident of San Vicente, Quezon City, Philippines, where he may
be served with summons and other court processes;
2. Defendant, ____________, is of legal age, Filipino Citizen and a
resident of__________________, Philippines, where she may be
served with summons and other court processes;
FACTUAL BACKGROUND

3. On January 30, 2019, Defendant executed an Extra- Judicial

Settlement of Estate with Real Estate Mortgage in favor of the
Plaintiff which was docketed in the Notarial Register of Atty.
________as Doc. No.____; Page No.____; Book No.____; Series of
____. A copy of the Extra Judicial Settlement of Estate with Real
Estate Mortgage is hereto attached and marked as Exhibit "A" to
form an integral part of this Complaint;

4. In the afore-stated document, the Defendant acknowledged that she

borrowed from the Plaintiff the amount of ONE HUNDRED
THOUSAND PESOS (Php 100, 000.00) and promised to pay the
said amount within six (6) months from the execution of the
instrument, vis-a-vis, on or before July 30, 2019, renewable upon
terms mutually acceptable to both parties;

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Complaint for Collection of Sum of Money
5. Furthermore, by way of security and/or collateral, the Defendant
conveyed by way of Real Estate Mortgage unto the Plaintiff her
claims, participation, rights and interests on the land including
the improvements erected thereon located at Int. 11Om from
East. The subject residential lot contains an area of TWO
HUNDRED (200) SQUARE METERS as described in the
Sketch Plan and the building thereon is declared for taxation
purposes and covered by ARP No. 01-006-006;

6. By the terms and conditions of the Real Estate Mortgage, the

principal obligation of the Defendant, which has become due
and demandable as of July 30, 2019 is in the amount of ONE
HUNDRED THOUSAND PESOS (Php 100, 000.00) , excluding
penalties, liquidated damages, past due interests, attorney's fees,
other charges and expenses of foreclosure;

7. However, the Defendant failed to pay her monetary obligation

when it became due and demandable on July 30, 2019. Repeated
demands, both written and verbal, were made by the Plaintiff
but Defendant continuously failed to make good of her
obligation to pay;

8. Moreover, a demand letter dated October 14, 2019 was effected

by the Plaintiff informing the Defendant of her obligation and
demanding her to settle it within five (5) days upon receipt of
the letter. The demand letter was accepted on December 19,
2019;

9. Again, the Defendant, despite Plaintiff’s repeated demands, both

written and verbal, failed, neglected and refused to fulfill her
obligations without just and valid grounds to the continued
damage and prejudice of herein Plaintiff. Copy of the demand
letter is hereto attached and marked as Exhibit "D" to form a
part hereof.

10. Hence, this Complaint for Collection of Sum of Money;

11. The Plaintiff, in order to enforce his rights and interests, has
sought the legal services of the undersigned with attorney’s fees
amounting to Fifty Thousand (Php 50, 000. 00) Pesos;

12. The Plaintiff has paid for litigation expenses amounting to

Twenty Thousand (Php 20, 000. 00) Pesos;

13. The Plaintiff has suffered moral damages because of the

continuous refusal of the Defendant to pay her obligation. The
sum will be at the sole discretion of the court.
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Complaint for Collection of Sum of Money
 PRAYER
WHEREFORE, premises duly considered, Plaintiff, through
counsel, respectfully request from the Honorable Office to render
decision in favor of the Plaintiff and order the Defendant to pay the
following:
1. The Four Hundred Thousand (Php 400, 000. 00) Pesos as
the principal amount of the obligation with accrued interest from the
time it was due and demandable on July 30, 2019;

2. Moral and exemplary damages at the sole discretion of

the court;

3. Attorney’s fees in the sum of Fifty Thousand (Php 50,

000. 00) Pesos plus Three Thousand (Php 3, 000. 00) Pesos per
hearing or court appearances; and

4. Litigation expenses in the sum of Twenty Thousand (Php

20, 000. 00) Pesos.

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

ATTY. SOSO
Counsel for Plaintiff
PTR No.
IBP OR No.
ROLL NO.
MCLE COM. NO.

Copy furnish:

EXPLANATION

A copy of this Complaint was sent through Registered Mail due to distance and lack of
personnel to effect personal delivery.

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Complaint for Collection of Sum of Money