REPUBLIC OFHE PHILIPPINES

METROPOLITAN TRAL COURT

Branch _______
Manila

OLIVIA ESPINOSA,
Plaintiff,

- versus - CIVIL CASE NO. ______________

For: COLLECTION OF SUM OF
MONEY WITH DAMAGES

DIOSDADO D. JORGE JR.,

Defendant.
x-----------------------------------x

COMPLAINANT

COMES NOW, the Plaintiff in the above-entitled, case by and

through the undersigned counsel and unto this Honorable Court,
most respectfully manifests:

That herein plaintiff OLIVIA M. ESPINOSA, is of legal age,

Filipino Citizen, married and presently residing at #3115 A. Bautista
St., Interior II Punta Sta. Ana Manila while defendant DIOSDADO D.
JORGE JR. is likewise of legal age, Filipino Citizen, married and
presently residing at #1757 M. Obrero St., Punta Sta. Ana Manila
where they may be served with summons and other processes of the
Honorable Court;
That plaintiff and defendant are sister -in- law and brother- in-
law respectively considering that the wife of the defendant is the
sister of the plaintiff;

That sometime in the first week of the month of January

2002, defendant wife approached the plaintiff and pleading for help

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and financial assistance because according to her, the husband, the
defendant in this case misappropriated the collection of the Land
Transportation Office Camp Aguinaldo Extension Office where he
works as Chief LTO at the said extension office;
At that precise moment, plaintiff had no money at hand but
considering that by nature she is very kind hearted when it comes to
family problem did something about it and introduced defendant
from Phimco Credit Cooperative, Inc where plaintiff is a member with
good credit standing .
That negotiations ensued, noting that defendant is not a
member of Phimco Credit Cooperative Inc, the management requires
that plaintiff should act as co- borrower which plaintiff immediately
accepted just to make it sure that her brother –in- law loan will be
approved. Thus, on January 22, 2002 the loan amounting to FIFTY
THOUSAND PESOS (P50,000.00) with a TWELVE PERCENT 12%
INTEREST PER MONTH was approved to which plaintiff acted as co-
borrower with the defendant as the principal borrower. Copy of the
loan agreement entered into between the Phimco Credit Cooperative
(as lender) and the plaintiff as co- borrower with the defendant as
principal borrower dated January 22,2002 is hereto attached and
marked as Annex “A”;
That as the abovementioned approved loan amount was not
enough to cover the amount misappropriated by the defendant from
the collection of LTO extension office, Camp Aguinaldo. On January
28 ,2002 six (6) days after the receipt by the defendant of the first
loan transaction , another loan transaction were entered into
between the Phimco Credit Cooperative (lender) and the plaintiff who
acted as co –borrower with the defendant as the principal borrower
amounting to SIXTY THOUSAND PESOS (P60,000.00) with a TWELVE
PERCENT 12% INTEREST PER MONTH. Copy of the loan agreement
entered into between the Phimco Credit Cooperative (as lender) and

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the plaintiff as co- borrower with the defendant as principal borrower
dated January 28,2002 is hereto attached and marked as Annex “B”;

That the total principal amount borrowed money from Phimco

Credit Cooperative is ONE HUNDRED AND TEN THOUSAND PESOS
(P110,000.00) cash which the defendant received and used the same
to cover the amount he allegedly misappropriated from the collection
of the LTO Camp Aguinaldo extension office. As a matter of fact, the
whole P110,000.00 cash was handed by the plaintiff to the
defendant in-front of defendant wife , sister of the plaintiff and the
husband of the herein plaintiff.

That hereunder received payments were only paid by the

defendant with Phimco Credit Cooperative Inc as shown in the June
21,2004 and June 26,2004 mentioned in the additional clause loan
agreement issued by Phimco in favor of the plaintiff which is hereto
quoted :
A. June 21,2004 additional clause loan agreement
“ADDITIONAL CLAUSE: Received payments:
May30,2002(P4,000.00 in cash +P500 pesos, total
of P4,500.00)
June 21, 2002 (P10,000 in cash)
July 15,2002 (P1,500.00 in cash)
Aug. 5,2002 (P2,500 in cash)
June 5, 2004 (1,000.00 interest)”

“B. June 26, 2004:ADDITIONAL CLAUSE: Received payments:

May 30, 2002 (P3,500 in cash + P3,000.00 check
total of P6,500)
June 19, 2002 (P10,000.00 in cash)
November 15, 2002 (P10,000.00)
December 15, 2004 (5,000.00)
No payment was made in between Dec. 16,
2002-Jan.16,2003
No payment was made from Jan. 2003-
Dec.2003”

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 The loan agreement dated June 21 and June 26, 2004 are
hereto attached and marked as Annexes “C” and “D” respectively.
In order that plaintiff good credit standing with Phimco Credit
Cooperative Inc, will not be tarnished/tainted and/or blacklisted as
delinquent member ,on September 2004 plaintiff who acted as co-
borrower paid the whole loan obligation including twelve 12%
interest per month totaling to FOUR HUNDRED EIGHTY ONE
THOUSAND & FOUR HUNDRED PESOS P481,400.00 from Phimco
Credit Cooperative Inc and proof of which is the certification issued
by Phimco,a copy of the same is hereto attached and marked as
Annex “E”;
Several days after plaintiff paid the aforementioned amount
from Phimco, came personally to the house of the defendants and
requested the defendant- brother –in- law to pay her but instead of
good gesture to be received by plaintiff, was even bad mouthed by
the defendant –brother- in law in the presence of plaintiff sister , the
wife of defendant .And, worse plaintiff nearly receive a slap from
defendant after a heated arguments took place. In fact, defendant
even told plaintiff the words “maningil ka sa buwan”.
Plaintiff returned home with deep regret and being a peace
loving person contained for herself the heart feelings . But several
days after ,went to the office of their barangay chairperson to lodge
a complaint. It was the barangay chairwoman who personally came
to the house of the defendant in order to give/hand the subpoena
but the defendant instead of receiving the subpoena uttered the
words “mas mabuti sa husgado na lang kami magkita at wala akong
sinasantong barangay captain ”. There were three scheduled (3)
conciliation proceedings were conducted by the Lupon ,however, not
a single occasion that defendant ever attended and appeared the
same .And, as a result, a Certification to file action was issued by the
Office of the barangay chairwoman in favor of the plaintiff stating

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that plaintiff may now file the necessary action in court against the
defendant. Copy of the Certification to File Action issued by the
punong barangay Lourdes B. Bodino, is hereto attached and marked
as Annex “F”;

On November 8, 2004, plaintiff through the undersigned sent a

letter of demand and to pay the monetary debt obligation amounting
to P110,000.00 plus twelve (12) % interest totaling to FOUR
HUNDRED EIGHTY ONE THOUSAND & FOUR HUNDRED PESOS
(P481,400.00) including 20% attorneys fee within a period of ten
(100 days from receipt. Copy o the said demand letter with the
corresponding registry receipt number 852985 including the registry
return receipt proving receipt by the defendant is hereto attached
and marked as Annexes “G” ;”G- 1”and “G-2”respectively;

Aggrieved by the continued refusal and failure of defendant to

pay plaintiff just and valid claims, plaintiff was constrained to secure
the services of the undersigned counsel and agreed to pay THIRTY
THOUSAND PESOS (PhP20,000.00) as and by way of attorney’s fees,
plus TWO THOUSAND PESOS (PhP2,000.00) per appearance.

That defendant, with evident bad faith having consistently

ignored the repeated written and verbal demand of the plaintiff to
pay the valid, just and demandable claims of plaintiff, the latter has
suffered Compensatory Damage in the amount of TEN THOUSAND
PESOS (P10,000.00) and Exemplary Damage of at least TEN
THOUSAND PESOS (P10,000.00) respectively.

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 PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that after due hearings judgment be
rendered in favor of the Plaintiff and against the Defendant.
Ordering the Defendant to pay the Plaintiff the following:
a) The total amount of FOUR HUNDRED EIGHTY ONE THOUSAND
& FOUR HUNDRED PESOS P481,400.00 which plaintiff paid
from PHIMCO CREDIT COOPERATIVE, INC. to be reckoned
from the filing of the complaint until finality of the decision;
b) The sum of P 10,000.00 as Compensatory Damage;
c) The sum of P 10,000.00 as Exemplary Damage;
d) The sum of P30,000.00 as and by way of Attorneys Fee plus
P2,000.00 court appearances
e) To pay the cost of the suit.
Plaintiff prays for other relief and remedies just and equitable
under the premises.

Makati City for Manila, Philippines December ____, 2004.

ATTY. JORICO FAVOR BAYAUA

Counsel for the Plaintiff
IBP No. 614329 04-23-04 Pasig
PTR No. 17974080 04-16-04 Pasig
Roll No. 47842
3/F Gonzales Building #1888
Orense St. Guadalupe Nuevo
Makati City

VERIFICATION AS FOLLOWS