Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 11
San Fernando City, La Union

MARITES SANCHEZ GANADEN

Plaintiff,
CIVIL CASE No. 2023- BG
- versus - For

LORETO B. GANADEN and Collection of Sum of

HARAPIN ANG BAGONG BUKAS Money with Damages
LENDING CORPORATION (HBLC)
Defendant,
x---------------------------------------------------------- x

COMPLAINT

COMES NOW, the Plaintiff, by and through the undersigned counsel and unto
this Honorable Court most respectfully states:

1. That Plaintiff MARITES S. GANADEN, is of legal age, married, Filipino citizen

and a resident of #173 Brgy. Dallangayan Oeste, San Fernando City, La
Union, where processes of this Honorable Court can be served;

Plaintiff can likewise be served with processes of this Honorable Court

through the undersigned counsel whose office address is stated below his
name at the last page of this pleading;

2. That Defendant Loreto Ganaden, is likewise of legal age, married, Filipino

citizen, President of Harapin ang Bukas Lending Corporation (HBLC) with
principal office address at Stall #7 DMMMSU- MLUC Commercial Bldg.,
Quezon Ave., San Fernando City, La Union where summons and other
processes of this Honorable Court can be served;

3. That Defendant Harapin ang Bukas Lending Corporation (hereinafter

“HBLC”) is a domestic corporation duly organized and existing under
Philippine laws with principal office address at Stall #7 DMMMSU- MLUC
Commercial Bldg., Quezon Ave., San Fernando City, La Union where
summons and other processes of this Honorable Court can be served;

Page 1|5
4. That on December 30, 2021, the plaintiff sold her four (4) motorcycles
amounting to seventy- five thousand pesos (Php 75,000.00) each and
an SUV amounting to one million six hundred fifty thousand pesos
(Php 1,650,000.00) to defendant in the sum of one million nine hundred
fifty thousand pesos (Php 1, 950,000.00) which were delivered to the
Defendant and evidenced by a Promissory Note of the same date, a copy of
which is hereto attached as Annex “A”, with the below terms and conditions:

a) The principal loan obligation shall be payable in twenty- four (24)

monthly installments, with each installment of eighty- one
thousand two hundred fifty pesos (Php 81, 250.00) payable on
the 30th of the month following the execution of the promissory
note;

b) Each installment shall earn an interest of two percent (2%) or one

thousand six hundred twenty-five pesos (Php 1, 625.00) which
shall be paid together with the monthly installment on the 30th day
of the month following the execution of the promissory note;

c) Failure to pay at least one monthly installment, together with its

interest, will render the remaining balance of the loan obligation
immediately due and demandable.

5. That on January 30, 2022 to December 30, 2022, the Defendant was able
to pay twelve (12) monthly installments of the principal obligation
amounting to Eighty- one thousand two hundred fifty pesos (Php 81,
250.00) per month together with an interest of One thousand six
hundred twenty-five pesos (Php 1, 625.00) per month, or a total of Nine
hundred ninety-four thousand five hundred pesos (Php 994, 500.00),
as evidenced by several Acknowledgement Receipts issued by the Plaintiff.
A copy of which is hereto attached as Annex “B- B-11”;

6. That on January 30, 2023, when the thirteenth (13th) monthly installment
became due and demandable, the Defendant was unable to pay the monthly
installment and its corresponding interest;

7. Upon the Defendant’s failure to pay, a demand letter dated February 06,
2023 for the payment of the thirteenth (13th) monthly installment and its
corresponding interest was sent by the Plaintiff on the same date; however,
the Plaintiff’s demand went unheeded. A copy of the first demand letter is
hereto attached as Annex “C”;

8. That on March 03, 2023, the Plaintiff sent another letter to the Defendant
informing the latter that the remaining balance of Nine hundred seventy-
five thousand pesos (Php 975,000.00) and an interest of Three thousand
two hundred fifty pesos (Php 3, 250.00) or a total amount of Nine hundred
seventy- eight thousand two hundred fifty pesos (Php 978, 250.00) is

Page 2|5
 already immediately due and demandable. A copy of the second demand
letter is hereto attached as Annex “D”;

9. That on April 03, 2023, a final demand letter was sent by the Plaintiff for the
payment of the rexmaining principal obligation and interest due; the same
was ignored by the Defendant. A copy of the final demand letter is hereto
attached as Annex “E”;

10. Notwithstanding the Plaintiff’s repeated demands, the Defendant failed

and refused to heed to the former’s just and valid demands, leaving the
Plaintiff no other recourse but to litigate and file this action;

11. By virtue of this action, the Plaintiff was constrained to engage the services
of counsel to whom she is bound to remunerate by way of attorney’s fees in
the sum of Twenty- five thousand pesos (Php 25,000.00);

12. The unjust and intentional refusal of the Defendant to pay his overdue
obligation resulted in Plaintiff’s failure to comply with her own obligations,
causing serious anxiety and besmirched reputation on the part of the
Plaintiff; thus, the Plaintiff is entitled to an award of moral damages in the
amount of Twenty thousand pesos (Php 20,000.00);

13. By reason of the Defendant’s violation and disregard of the Plaintiff’s right,
the award of exemplary damages in the amount of Twenty thousand pesos
(Php 20,000.00) is likewise warrant to serve a deterrent to the commission
of the Defendant, and to other similarly- minded, of similar acts in the
future.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that, after due hearing, judgement be rendered in favor of the
Plaintiff and against the Defendant in this manner:

1. Ordering the Defendant to immediately pay the Plaintiff the amount of Nine
hundred seventy- five thousand pesos (Php 975,000.00) and an interest
of Three thousand two hundred fifty pesos (Php 3, 250.00) or a total
amount of Nine hundred seventy- eight thousand two hundred fifty
pesos (Php 978, 250.00);

2. Ordering the Defendant to pay Attorney’s fees of not less than Twenty- five
thousand pesos (Php 25,000.00);

3. Ordering the Defendant to pay moral damages in the amount of Twenty

thousand pesos (Php 20,000.00);

Page 3|5
4. Ordering the Defendant to pay exemplary damages in the amount of
Twenty thousand pesos (Php 20,000.00); and

5. Ordering the Defendant to pay the cost of suit.

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

San Fernando City, La Union, May 02, 2023

ACOON - GANADEN & ASSOCIATES LAW OFFICE

Counsel for the Plaintiff
Rizal Ave. Don Joaquin St.
3rd Floor Paris Bldg.
San Fernando City, La Union
Email Address: acoonganaden.lawoffice@gmail.com
Contact No.: (072) 700 2821/ +63945 327 7220

ROMMEL SANCHEZ GANADEN

Roll Number. 62463; 04.29.13
IBP No. 190963; 01.07.22
PTR No. 6829781; 01.04.2022; La Union
MCLE Compliance No. VII- 0004226; 08.21.21
TIN No. 474- 210-475

Page 4|5
 VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING

I, MARITES SANCHEZ GANADEN, of legal age, married, Filipino citizen

and a resident of #173 Brgy. Dallangayan Oeste, San Fernando City, La
Union, Philippines after having been duly sworn in accordance with law,
hereby depose and state:

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

2. That I have caused the preparation of the foregoing COMPLAINT and I

have read the same and know the contents thereof to be true and correct, based
on my own personal knowledge and authentic records;

3. That I hereby CERTIFY that I have not commenced or instituted any

other action or proceeding involving the same issues as in the instant case
before the Supreme Court, Court of Appeals or any court thereof or any
tribunal or agency; and to the best of my knowledge no such action is pending
before the Supreme Court, Court of Appeals or any division thereof or any
tribunal or agency;

4. That in the event that any action involving the same should be made
known, I hereby bind myself to report the same within five (5) days from
knowledge thereof to this Honorable Court.

IN WITNESS WHEREOF, I hereunto affix my signature this 2nd day of

May, 2023 at San Fernando City, La Union, Philippines.

MARITES SANCHEZ GANADEN

Affiant

SUBSCRIBED AND SWORN TO before me this 2nd day of May, 2023 at

San Fernando City, La Union, affiant having exhibited to me her Tax
Identification Card with No. 143- 890-474 issued on April 21, 2015 at San
Fernando City, La Union which I consider as competent evidence of affiant’s
identity as she personally appeared before me.

NOTARY PUBLIC

Doc. No._____
Page No. ____
Book No. _____
Series of _____

Page 5|5