REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
REGIONAL TRIAL COURT
REGION IX
Dipolog City

LEOREBELLE B. RACELIS
Plaintiff
CIVIL CASE NO. 2468
FOR: SUM OF MONEY WITH
-versus-
PRAYER OF ATTACHMENT

JAMES N. REID
Accused

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JUDICIAL AFFIDAVIT OF
LEOREBELLE B. RACELIS

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

PARTIES

1. That the Plaintiff, Leorebelle B. Racelis, is a Filipino citizen, of legal

age, single and a resident of Sta. Filomena, Dipolog City where she may
be served with copies of notices, orders and other papers of this
Honorable Court;
2. That defendant, James N. Reid, is Filipino, of legal age, single and a
resident of Mibang, Dipolog City where she may be served with copies
of notices, orders and other papers of this Honorable Court;
 FACTS OF THE CASE

3. That sometime in January 2020, defendant obtained construction

materials from the plaintiff in the total amount of P500,000.00 as
evidenced by the Purchase Order, Delivery receipt which are hereto
attached as Annexes “A” and “B” hereof;
4. That as payment of the said construction materials, defendant issued a
post-dated check and represented that the same will be covered by
sufficient funds on its maturity dates. Copy of the check are hereto
attached as Annex “C” hereof;
5. That on its maturity date, the said check was dishonored by the drawee
bank upon presentment for payment for reason ACCOUNT CLOSED, as
evidenced by the notice of dishonor issued by the bank which is hereto
attached as Annex “D” hereof;
6. That despite repeated demands orally and in writing, defendants refused
and continuously refusing to make good the said bounced checks or pay
the construction materials to the damage and prejudice of herein
plaintiff. Copy of the demand letter is hereto attached as Annex “E”
hereof;
7. That as a result of the unwarranted and unjustifiable refusal of the
defendants to pay the said construction materials or make good said
check, plaintiff suffered sleepless nights, serious anxiety in which she
should be awarded the amount of P100,000.00 as moral damages, and to
set an example to the public, plaintiff should be awarded exemplary
damages un the amount of P100,000.00;

ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OF

PRELIMINARY ATTACHMENT

Plaintiff re-pleads all the foregoing averments by way of reference and in so

far as they are relevant and material to its application for the issuance of a writ
of Preliminary Attachment;
8. A sufficient cause of action exists against the defendant;
9. The defendant are guilty of fraud in contracting and in the performance
of their obligation as manifested by defendant, James Reid, who
represented himself as a credible businessman and financially capable of
paying his obligation, when in truth and in fact, he is not, and the
fraudulent scheme becoming more evident when despite demands, he
 failed and refused to settle without justifiable ground his just and
demandable obligation;
10. There is no sufficient security for the claim sought to be enforced by the
present action;
11. The amount due to the plaintiff in the above-entitled case is
P500,000.00, 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 Defendants;
12. Plaintiff is ready and willing to give a bond to be fixed by this Honorable
Court, executed to the defendant, to answer for all costs which may be
adjudged to the latter, and all damages which defendant may sustain by
reason of the attachment prayed for, if the court shall finally adjudge that
Plaintiff is not entitled thereto.

PRAYER WHEREFORE, premises considered, it is most

respectfully prayed unto this Honorable Court that, after hearing,
judgment be rendered as follows:

1. An order of attachment be immediately issued by this Honorable

Court, requiring the sheriff to attach properties of the Defendants
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 P500,000.00; and after hearing;
2. Judgment be rendered ordering the defendant to pay plaintiff the
amount of P500,000.00, representing unpaid account excluding legal
fees and other charges as of to date;
3. Ordering the defendants to pay the plaintiff the amount of
P100,000.00 as moral damages, and P100,000.00 as exemplary
damages;
4. P50,000.00 by way of Attorney’s fees and P2,500.00 as per
appearance fee and costs of suit;
5. Ordering the defendants to pay the costs of suit.
6. Other reliefs which are just and equitable are likewise prayed for.

IN WITNESS WHEREOF, I have hereto have hereby set their hands

on the 22th day of October 2023, in Dipolog City, Philippines.
 ATTY. JANE B. CRUZ
COUNSEL FOR THE PLAINTIFF

NOTARY PUBLIC for Dipolog City

UNTIL December 31, 2026
Brgy. Galas, Dipolog City
ROLL NO. 123456 / 24 Jan 2010
IBP Lifetime Roll No.: 9876/ 25 Jan 2010

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, LEOREBELLE B. RACELIS, of Legal age, single, Filipino Citizen and a resident of Sta.
Filomena, Dipolog City, after being sworn according to law, hereby depose and state that;
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my
possession;
4. 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;
5. To the best of my knowledge and belief, no such action or proceeding is pending in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this Honorable
Court.

LEOREBELLE B. RACELIS
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of
Dipolog, this 22th day of October 2023. Affiant personally came and appeared with her
Professional Regulations Commission ID Number 123-456-789 issued by Professional
Regulations Commission’s Office of the Pagadian City on January 24, 2010 bearing her
photograph and signature, known to me as the same person who personally signed this
foregoing instrument before me and a vowed under the penalty of law to the whole truth and
contents of the said instrument.

ATTY. JANE B. CRUZ

NOTARY PUBLIC for Dipolog City
UNTIL December 31, 2026
Brgy. Galas, Dipolog City
ROLL NO. 123456 / 24 Jan 2010
IBP Lifetime Roll No.: 9876/ 25 Jan 2010

Doc. No. 3
Page No. 4
Book No. 5
Series of 2023