Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
REGIONAL TRIAL COURT
Branch ____
Bulwagan ng Katarungan, Magsaysay Blvd., Tacloban City

Jose Manalo Civil Case No. ______

Plaintiff,
For: Collection of Sum
of Money with Prayer
for the Issuance of a
Writ of
-versus- Preliminary Attachment
And Damages

Maria Natalo,
Defendant.
x-------------------------------------------------------------x

COMPLAINT

PLAINTIFF, through the undersigned counsel unto this Honorable

Court, hereby respectfully avers:

1. That plaintiff, JOSE MANALO is a Filipino citizen, of legal age,

single and a resident of Brgy. 77, Villa Ruiz Subdivision,
Tacloban City, whereas, defendant MARIA NATALO is likewise
a Filipino, of legal age, single, and residing at Brgy. 95, Caibaan,
Tacloban City, at which address the party herein may be served
with summons and other court processes;

2. That on January 23, 2020, defendant borrowed from plaintiff the

amount of Two Million Five Hundred Thousand Pesos (Php
2,500,000.00), which indebtedness is due and demandable on
January 23, 2021, with an interest at the rate of 12% per annum
payable within one (1) year, in accordance with the promissory
note executed by the defendant on the said date. Photostatic
copy of said promissory note is attached and marked as Annex
“A” and made as a integral part hereof;

3. That despite plaintiff’s repeated requests and demands, the

defendant has failed, neglected and refused and still fails,
 neglects and refuses to pay the said indebtedness on due date,
with corresponding interest thereon, without just and valid
grounds to the continued damage and prejudice of the plaintiff;

4. That the plaintiff served several demands to the defendant,

attached is the last demand letter executed on February 15, 2021
by the plaintiff as annex “B” and made as an integral part hereof;

5. That the defendant shall pay for the attorney’s fees and
expenses of litigation in the amount of P65,000.00 and a fee of
P5,000 for every appearance in court, and to pay the cost of this
suit;

6. That the plaintiff has suffered moral damages at the sum

discretion of the Honorable Court;

Allegations for the Issuance of for Preliminary Attachment

7. That Plaintiff has a valid and sufficient cause of action against

the herein defendant regarding the collection of sum of money
which is already due and demandable;

8. Defendant has removed or disposed of or is about to remove or

dispose of her property, with intent to defraud her creditors thereby
rendering nugatory and ineffective whatever money judgment this
honorable court may render in the above entitled case;

9.The amount due to the plaintiff in the above-entitled case is

P2,500,000.00, 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;

10. That the defendant does not have sufficient security for the
claim sought for the plaintiff against him;

11. That the plaintiff is willing to put up a bond for the issuance of a
preliminary attachment in an amount to be fixed by the court, not
exceeding the sum of two million and five hundred thousand pesos
which is the plaintiff’s claim herein;
 PRAYER

WHEREFORE, FOREGOING PREMISES CONSIDERED, it is

most respectfully prayed before this Honorable Court that:

(1) Pending hearing of this case, a writ of preliminary attachment be

issued against the property 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 Two
Million Five Hundred Thousand Pesos (P2,500,000.00) to serve
as security for the satisfaction of any judgment that may be
recovered herein;

(2) After hearing of the principal cause of this action, judgment be

rendered against the defendant for the sum of the following:

(a) Ordering the defendant to pay the plaintiff the amount of Two
Million Five Hundred Thousand Pesos (P2,500,000.00) plus
interest thereon at the rate of 12% per annum from January
23, 2021 and until the same is fully paid;

(b) Ordering the defendant to pay the attorney’s fees and

expenses of litigation in the amount of P65,000.00 and a fee
of P5,000.00 for every appearance in court, and to pay the
cost of this suit;

(c) Ordering the defendant to pay the plaintiff moral damages at

the sum discretion of the Court.

Other reliefs just and equitable under the circumstances are

likewise prayed for.

So prayed and respectfully submitted.

Tacloban City. May 28, 2019

G1 Law Offices
Counsel for the Plaintiff
3B, LF Building, Diwata Street, Tacloban City
By:

ATTY. JOJI ANN A. LABAJOY

Attys. Roll No. 21995 April 20, 2009
IBP OR No. 042301/01/03/21 Leyte Chapter
PTR No. PL. 2378989/01/03/21 Alang-alang, Leyte
MCLE Compliance No. V-0002291, 12-11-2018
Phone No.: 09662533753
Email: labajoy.jojiann@gmail.com

ATTY. THALEA ROSELLE Q. GADIN

Attys. Roll No. 545621 June 15, 2013
IBP OR No. 158921/05/08/21 Leyte Chapter
PTR No. PL. 2589630/01/21/21 Tacloban City, Leyte
MCLE Compliance No. V-0003492, 9-17-2018
Phone No.: 09491181973
Email: thaleaqgadin@gmail.com

ATTY. KATE A. MENGULLO

Attys. Roll No. 21345 May 12, 2009
IBP OR No. 121307/01/05/21 Leyte Chapter
PTR No. PL. 5678901/01/05/21 Tacloban City, Leyte
MCLE Compliance No. V-0003382, 12-11-2018
Phone No.: 09568904077
Email: mengullo.kate.jd@gmail.com

ATTY. APRIL ELOISE M. BORJA

Attys. Roll No. 34523 May 23, 2015
IBP OR No. 090876/01/07/21 Leyte Chapter
PTR No. PL. 8974351/01/07/21 Tacloban City, Leyte
CLE Compliance No. V-0001323, 12-11-2018
Phone No.: 09755356059
Email: borjaaem23@gmail.com
 ATTY. CHARINA PAULINE GRACE B. GERMO
Attys. Roll No. 10165 February 12, 2016
IBP OR No. 54321; 06/07/2020
PTR. No. PL. 8264018/01/05/2021
MCLE No. I-001234; 10/10/2020
Phone No.: 09667618962
Email: cpggermo@gmail.com

ATTY. ALYKA B. CAMPO

Attys. Roll No. 88888 May 12, 2012
IBP OR No. 088888/02/04/16 Leyte Chapter
PTR No. PL. 2828282/08/08/18 Tacloban, Leyte
MCLE Compliance No. V-0008888, 10-11-2012
Phone No.: 09630949699
Email: campo.alyka.jd@gmail.com

ATTY. ADONIS YU
Attys. Roll No. 92108 March 22, 2012
IBP OR No. 724488/01/03/21 Leyte Chapter
PTR No. PL. 9286582/02/01/21 Tacloban, Leyte
MCLE Compliance No. V-0004526, 10-12-2012
Phone No.: 09177139744
Email: yu.adonisvincent.jd@gmail.com
REPUBLIC OF THE PHILIPPINES)

CITY OF TACLOBAN ) S. S.

x------------------------------------------x

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, JOSE MANALO, of legal age, a Filipino Citizen, and a resident

of Brgy. 77, Villa Ruiz Subdivision, Tacloban City, after being sworn in
accordance with the law, hereby depose and say:

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

2. That I have caused the preparation of the foregoing

complaint;

3. That I have read and understood the allegations therein,

and they are true and correct according to my personal
knowledge and belief and are based on authentic words;

4. That I hereby certified that I have not commenced any

other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or
agency; and that, if I should learn thereafter that a similar
action or proceeding has been filed or is pending before these
courts or tribunal or agency, I undertake to report that fact to
the Court within five (5) days therefrom to this Honorable
Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 28th

day of May, 2021 in Tacloban City, Philippines.

JOSE MANALO

Affiant

SUBSCRIBED AND SWORN to before me this 28th day of May

2021 in Tacloban City, Philippines. Affiant exhibited to me his
PASSPORT ID No. 123456789 issue in Manila as his competent
evidence of identity.
 I HEREBY CERTIFY that I personally examined the affiant and I
am satisfied that he voluntarily executed and understood his
declaration on the place and date above written.

ATTY. THALEA ROSELLE Q. GADIN

Attys. Roll No. 545621 June 15, 2013
IBP OR No. 158921/05/08/21 Leyte Chapter
PTR No. PL. 2589630/01/21/21 Tacloban City, Leyte
MCLE Compliance No. V-0003492, 9-17-2018
Phone No.: 09491181973
Email: thaleaqgadin@gmail.com

Doc. No. 1;

Page No. 2;

Book No. 3;

Series of 2021;
 ANNEX A

PROMISSORY NOTE

FOR VALUE RECEIVED, I promise to pay to the order of JOSE

MANALO, Payee, at his residence at Brgy. 77, Villa Ruiz Subdivision,
Tacloban City Leyte, the principal amount of TWO MILLION FIVE
HUNDRED PESOS (Php 2,500,000.00), with an interest rate of twelve
percent (12%) per annum, on or before January 23, 2021.

Done this 23rd day of January 2020 at Brgy. 77, Villa Ruiz
Subdivision, Tacloban City, Leyte, Philippines.

MARIA NATALO

MAKER
 ANNEX B and Series

DEMAND LETTER

February 15, 2021

MARIA NATALO
Brgy. 95, Caibaan
Tacloban City, Leyte
6500

Dear Ms. Natalo,

I write on behalf of my client, JOSE MANALO, the matter of your non-

payment of obligation.

Records disclose that you have an outstanding obligation with my

client in the amount of TWO MILLION FIVE HUNDRED THOUSAND
PESOS (Php 2, 500, 000. 00) plus the interest rate of twelve
percent (12 %) per annum.

In an instrument undersigned with your name, dated January 23, 2020,

you promised to pay to the order of JOSE MANALO, the payee, the
principal amount of TWO MILLION FIVE HUNDRED THOUSAND
PESOS (Php 2, 500, 000. 00) with an interest rate of twelve percent
(12%) per annum to be paid on or before January 3, 2021.

The due date has already been lapsed and my client, JOSE MANALO,
did not receive the amount you are obliged to pay.

Article 1156 of the Civil Code provides that, an obligation is a juridical

necessity to give, to do or not to do.

The law speaks of an obligation as a juridical necessity to comply with

the subject matter of an obligation, and non-compliance can result in
juridical or legal sanction (Civil Code of the Philippines Annotated,
Paras, 2012).

Please acknowledge receipt of this letter within five (5) business days
and make your payment not later than February 28, 2021.

Further, Article 1167 of the Civil Code states that If a person obliged to
do something fails to do it, the same shall be executed at his cost.

If you fail to respond and settle your obligation, all legal rights shall be
explored, including, but not limited to legal proceedings necessary in
accordance with the laws to protect the interest of my client. We shall
hold you liable, in case of suit, damages, fees and other charges that
may be incurred.
Article 1167 of the Civil Code states that If a person obliged to do
something fails to do it, the same shall be executed at his cost.

Moreover, Article 1170 of the Civil Code provides that those who in the
performance of their obligation are guilty of fraud, negligence, or delay
and those who in any manner contravene the tenor thereof, are liable
for damages.

We trust that you will give this matter your prompt and preferential
attention to avoid the expense and inconvenience of litigation. We look
forward to hearing from you.

Sincerely,

ATTY. CHARINA PAULINE GRACE B. GERMO

Counsel for the plaintiff
 PROMISSORY NOTE

FOR VALUE RECEIVED, I promise to pay to the order of JOSE

MANALO, Payee, at his residence at Brgy. 77, Villa Ruiz Subdivision,
Tacloban City Leyte, the principal amount of TWO MILLION FIVE
HUNDRED PESOS (Php 2,500,000.00), with an interest rate of twelve
percent (12%) per annum, on or before January 23, 2021.

Done this 23rd day of January 2020 at Brgy. 77, Villa Ruiz
Subdivision, Tacloban City, Leyte, Philippines.

MARIA NATALO

MAKER