Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch
Davao City

LUKE DEIDER, CIVIL. CASE No. _______

Plaintiff.

-versus- For:

SURIGAO ISLAND SALES CORP. (SISC)COLLECTION FOR A

and its President SUM OF MONEY WITH
ARIANNE SANTOS. DAMAGES
Defendants.
x-------------------------------------------------x

COMPLAINT

COMPLAINANT, through the undersigned counsel, unto this

Honorable Court, most respectfully avers:

1. The plaintiff is of legal age, American and a resident of 1016

Condominium, Luzon Avenue, Davao City. The notices and/or processes
of the Honorable Office may be served at the plaintiffs’ counsel’s address
as herein provided;

2. The defendant Surigao Island Sales Corporation, SISC for brevity is a

corporation duly registered under the Securities and Exchange
Commission headed by its President Arianne Santos. The notices and
other legal processes of the Honorable Court may be validly served at the
Surigao Island Sales Corporation, Hinatuan, Surigao del Sur;

3. That on February 23, 2010, the defendant, ARIANNE SANTOS through

her sister Rona, affirmed and confirmed that the plaintiff, LUKE
DEIDER, is a creditor of SISC in the amount of Twenty Five Million
Four Hundred Thousand Pesos (P25,400,000.00) among others, and
 made an undertaking that a Promissory Note in favor of the plaintiff shall
be executed to secure the latter’s credit position in SISC as evidenced by
a letter herein attached as Annex “A” and form an integral part of this
complaint;

4. That as shown in the attached letter, the promissory note is to be the joint
obligation of SISC and Ms. Arianne Santos;

5. Thereafter, or on May 3, 2010, defendant SISC through Rona executed a

promissory note in favor of plaintiff LUKE DEIDER, with an interest
rate of Twenty Five Percent (25%) per annum, as evidence by Annex “B”
– Promissory Note;

6. That as shown in the attached promissory note, the indebtedness has

become due and demandable on May 3, 2011;

7. That no payment was made when the loan fell due;

8. That the plaintiff in order to enforce his rights and interest, has sought the
services of a legal counsel with attorney’s fees amounting to Five
Hundred Thousand Pesos (P500,000.00) and an appearance of Five
Thousand Pesos (P5,000.00) per hearing as evidenced by Annex “C” –
Contract for Legal Services;

9. That the plaintiff has paid for litigation expenses amounting to Forty
Thousand Pesos (P40,000.00) as evidenced by Annex “D” - Official
Receipt;

10.That the plaintiff has suffered moral damages at the sum discretion of the
Honorable Court;

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that a judgment be rendered ordering the
defendants;
 a. The sum of Twenty Five Million Four Hundred Thousand Pesos
(P25,400,000.00) plus interest at the interest rate of twenty five
percent (25%) per annum as stipulated in the Promissory Note;

b. Attorney’s fees amounting to Five Hundred Thousand Pesos

(P500,000.00) and an appearance of Five Thousand Pesos
(P5,000.00) per hearing;

c. Litigation expenses amounting to Twenty Thousand Pesos

(P20,000.00);

d. Moral damages, exemplary damages at the sum discretion of the

court;

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

Davao City, Philippines this day of December 2019.

LUKE DEIDER
Plaintiff

Assisted by:

PAOLO JAVIER AND ASSOCIATES

1-A Zepol Bldg., Quezon Blvd., Davao City
Tel. No. 064-288-5722

BY:

ATTY PAOLO O. JAVIER

MCLE Compliance Nos. I-0014326 and II-0007678 Issued on September 3,
2018
MCLE Compliance No. III-0016201 Issued on May 7, 2019
PTR No. 3587927 issued on January 4, 2019 at Davao City
IBP No. 793165 issued on Juanuary 4, 2019 at Davao City
TIN 159-981-306
Roll No. 42407

VERIFICATION/CERTIFICATION

I, LUKE DEIDER, that I am the plaintiff in the instant case; that I

have caused the preparation of the foregoing amended-complaint; that I have
read the contents thereof, and found the same to be true and correct of my
personal knowledge and/or based on authentic records.

a.) I have not commenced any other action or proceeding involving

the issues in the Supreme Court, the Court of Appeal, or any other tribunal
or agency b.) 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; c.) If they should thereafter learn that a similar action or proceeding
is pending has been filed in any tribunal or agency, he undertake to report
the fact within five (5) days thereof to the Court or agency wherein the
original pleading and sworn certification contemplated herein have been
filed.

IN WITNESS WHEREOF, I have hereunto set my hand this day of

____ December 2019 at Davao City, Philippines.

LUKE DEIDER
(Affiant)
Senior Citizen ID No. 000562
Date issued: 12-27-06

Subscribed and sworn to before me this day of December

2019 at Davao City, Philippines.