REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
CALAPAN CITY, ORIENTAL MINDORO

CALAPAN LABOR SERVICE DEVELOPMENT

COOPERATIVE (CALSEDECO)

Represented by:
MR. MANUEL T. CUBOS
Plaintiff,

-Versus-
Civil Case No. ___________
For: Collection of Sum of
Money and Damages

LERMA A. BALMES and

FREDELITA A. TAPERE, JENNIFER S. MATALUBOS,
EVA M. MARFA, LUZVIMINDA M. CANTUBA,
LEOVIGILDA E. PIA as Co-makers
Defendants,
x------------------------------------------------------------x

COMPLAINT

Plaintiff, thru the undersigned counsel and unto this Honorable Court most
respectfully alleges the following:

1. That plaintiff, Calapan Labor Service Development Cooperative

(CALSEDECO), is a bona fide cooperative created under the laws of the
Philippines with principal office at San Antonio, Calapan City, Oriental
Mindoro whereat it can be served with summons and other court processes
of this Honorable Court while defendants are members of CALSEDECO.
They can be served with summons and other court processes of this
Honorable Court in the following addresses:

Names Residential Address Office Address

1. Lerma M. Balmes B1 L66 Ramonita Country Bernardo Lirio Mem.
Homes Central School
Barangay Darasa,Tanauan,
Batangas
2. Fredelita A. Tapere Barangay Pagaspas, Tanauan Pagaspas Elementary
City, Batangas School
3. Eva M. Marfa Barangay Trapiche II,Tanauan, Trapiche Elementary
Batangas School
4. Jennifer S. Matalubos Blk.2 Lot 94 Pilar Ville Subd. Tanauan North
Barangay Banjo East Central School
 Tanauan, Batangas

5. Leovigilda E. Pia Blk.3 Lot 15 Colbella Homes Bernardo Lirio

Barangay Darasa, Tanauan, Memorial Central
Batangas School, Tanauan City,
Batangas
5. Luzviminda M. Cantuba Barangay 1 Poblacion,Tanauan, Tanauan South
Batangas Central School

2. Plaintiff is being represented herein by MR. MANUEL T. CUBOS as its

attorney in fact; [Attached hereto is copy Board Resolution No. 85 s-2017
sanctioning the filing of the present complaint and Secretary’s Certificate
marked as Annexes “A” and “A-1” respectively and a copy of Board
Resolution No. 95 s-2017 appointing the Attorney in Fact and Secretary’s
Certificate marked as Annexes “B” and “B-1” respectively].

3. Apart from being a service provider in the port of Calapan City and other
ports of province of Oriental Mindoro, plaintiff is also engage in lending to
its bona fide members;

4. On January 10, 2015 plaintiff and defendant, LERMA A. BALMES,

entered into a “Kasulatan ng Pangungutang” or “Loan Note” wherein the
latter has applied for a loan in the amount of TWO HUNDRED
FOURTEEN THOUSAND FIVE HUNDRED PESOS (PHP 214,
500.00) which was granted by the plaintiff.

5. As per contract, defendant Balmes promised to pay the loan within (1) one
year upon signing thereof and she obliged herself to pay on monthly
instalments. On the other hand, FREDELITA A. TAPERE, EVA M.
MARFA, JENNIFER S. MATALUBOS, LEOVIGILDA E. PIA and
LUZVIMINDA M. CANTUBA agreed to be the co-makers of LERMA M.
BALMES and they have signed the agreement in such capacity; [Attached
hereto is a copy of the Loan Release Voucher, Loan Application/Agreement
Form and Memorandum of Agreement marked as Annexes “C”; “D”;
“E”; “E-1” and “E-2” respectively].

6. Unfortunately, defendant failed to pay the loan amount despite it has long
become overdue on January 10, 2016. Thus, plaintiff demanded the
payment of the same however, defendant did not heed plaintiff’s request and
in fact they including the co-makers even had the temerity to deceive the
plaintiff by declaring and making it appear that the ATM Cards they have
presented as collateral for their loan got lost. [Attached hereto is a copy of
Sinumpaang Salaysay marked as Annex “F”]. Thereafter, they applied for
the issuance of a new ATM Card from the Land Bank of the Philippines
 which cancelled the old ATM Card in possession of the plaintiff and for that
reason plaintiff could not withdraw therefrom;

7. Thus, plaintiff was constrained to engage the services of Atty. Joseph Ryan
C. Apasan to assist them on the matter. Accordingly, prior to filing of this
case, final demand letters were sent to the defendants which were received
and personally served upon them on the following dates listed below:
[Attached hereto is a copy of the Final Demand Letters marked as Annexes
“G”; “H”; “I”; “J”; “K” and “L” respectively].

Names Date of Receipt

1. Lerma M. Balmes August 7, 2017
2. Luzviminda M. Cantuba August 7, 2017
3. Eva M. Marfa August 7, 2017
4. Jennifer S. Matalubos August 7, 2017
5. Leovigilda E. Pia October 19, 2017
5. Fredelita A. Tapere August 7, 2017
8. To this date, defendant’s indebtedness has already ballooned to P451,
169.03 (inclusive of principal, interest and penalties and litigation expense).
However, defendants still failed to pay and continuously refuse to pay
despite numerous demands. Hence, plaintiff has no other alternative but to
file this suit in order to vindicate its right to collect from said defendants;
[Attached hereto is a copy of Statement of Account marked as Annex “M”].

9. By reason of defendants’ remiss attitude in complying with their obligation

to pay, plaintiff’s lending operation was put to controversy which adversely
affected not only its name but also the names of its officers. Accordingly,
defendants should be made to pay P100,000.00 as exemplary damages;

10.Also, plaintiff was constrained to litigate and engage Atty. Apasan as

counsel whom we agreed to pay the amount of P50,000.00;
 PRAYER

Wherefore premises considered, it is most respectfully prayed of this

Honorable Court that an ordered be issued in favor of the plaintiff and against the
defendants. It is also prayed that an order be issued directing the defendants to:

a. Pay the amount of loan amounting to P451, 169.03

b. Pay the cost of suit;
c. Pay P100,000.00 as exemplary damages
d. Pay the attorney’s fees in the amount of P50,000.00

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

November _____, 2018

Calapan City, Oriental Mindoro

ATTY. JOSEPH RYAN C. APASAN

Counsel for Plaintiff
IBP O.R. No. 1069873/01-10-18/Calapan City
PTR No. 9144140/01-8-18/Calapan City
IBP Roll No. 56968
MCLE Compliance No. VI-0001337
352 Gozar Street, Camilmil, Calapan City, Oriental Mindoro
Copy furnished:

LERMA A. BALMES
B1 L66 Ramonita Country Homes, Barangay Darasa, Tanauan City, Batangas

FREDELITA A. TAPERE
Barangay Pagaspas, Tanauan City, Batangas

LUZVIMINDA M. CANTUBA
Barangay 1 Poblacion, Tanauan City, Batangas

EVA M. MARFA
Barangay Trapiche II, Tanauan City, Batangas

JENNIFER S. MATALUBOS
Blk.2 Lot 94 Pilar Ville Subd., Barangay Banjo East, Tanauan City, Batangas

LEOVIGILDA E. PIA
Blk.3 Lot 15 Colbella Homes, Barangay Darasa, Tanauan City, Batangas

ATTY. JOSEPH RYAN C. APASAN

NOTICE

Hon. Branch Clerk of Court

RTC Branch No. ______

Good day! Please submit the foregoing complaint upon receipt hereof for the
Honorable Court’s consideration. Thank you.

ATTY. JOSEPH RYAN C. APASAN

 Republic of the Philippines )
Province of Oriental Mindoro) S.S.
City of Calapan )
x---------------------------------------x

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
I, MANUEL T. CUBOS, married, of legal age and a resident of Bayabas Street,
Core Housing, Guinobatan, Calapan city, Oriental Mindoro after having been duly sworn to in
accordance with the law hereby depose and state:

1. That I am the Attorney in fact of the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing and have read the content of the
allegations therein;
3. That the allegations therein are true and correct based on my own personal knowledge
and authentic records;
4. I hereby certify that I have not commenced any suit involving the same issues in any
other court, tribunal or quasi-judicial agency except for the criminal cases that were filed
with the Office of the Provincial Prosecutor of Batangas and to the best of my
knowledge, no other suit or claim is pending therein;
5. That if I should learn of a similar action or proceeding has been filed or is pending with
other courts, I hereby undertake to report of that fact within five (5) days therefrom to the
court;
6. I executed this verification/certification to attest to the truth of the foregoing and to
comply with the provisions of Administrative Circular No. 04-94 of the Honorable
Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of

____________ at Calapan City, Oriental Mindoro.

MANUEL T. CUBOS
Affiant
TIN: 124-675-234
 SUBSCRIBED AND SWORN to before me, this ____ day of _______________at
Calapan City, Oriental Mindoro.

NOTARY PUBLIC

Doc. No: ______

Page No: ______
Book No: ______
Series of 2018