Republic of the Philippines

Regional Trial Court

National Capital Region
Manila City

MARA CIVIL CASE NO: 291

Plaintiff, FOR: COLLECTION FOR A SUM OF
versus MONEY WITH DAMAGES

CLARA
Defendant.
/---------------------------------------------------/

COMPLAINT

Mara, MOST RESPECTFULLY STATES THAT; COMES NOW, the plaintiff,

together with the undersigned counsel to this most honorable court.

1. The Plaintiff is of legal age, single, and a resident of the University of Santo Tomas,
España Blvd., Sampaloc, Manila. The Defendant is likewise of legal age, single, and
temporarily residing at Sampaloc, Manila.
2. On 11 November 2019, the defendant approached the plaintiff to borrow some money.
3. After much prodding from the defendant, the plaintiff gave in and lent her the sum of
TEN MILLION PESOS (Php 10,000,000). A copy of the defendant’s promissory note
is hereto as ANNEX “A.”
4. It was agreed by the parties loan shall be paid by 22 December 2022, with an interest of
ONE percent (1%) per month.
5. The plaintiff then made several demands, through text messages, calls, and emails, for the
defendant to settle her obligations, but the defendant refused to answer the plaintiff’s
calls and text messages.
6. Pushed to her limits, the plaintiff sent a demand letter dated 1 February 2023 however,
the same was also ignored by the defendant.
A copy of the final demand is hereto as ANNEX “B.”
7. The plaintiff likewise endeavored to have this matter settled before the barangay but the
same efforts also failed.
A copy of the Certificate to File Action issued by Barangay Sampaloc, Manila, is
attached hereto as ANNEX “C.”
8. Plaintiff’s claim is anchored on Article 1159 of the New Civil Code of the Philippines,
which provides that, “Obligations arising from contracts have the force of law
between the contracting parties and should be complied with in good faith,” as well
as Article 1170, which states that, “Those who in the performance of their obligations
are guilty of fraud, negligence, delay, and those who in any matter contravene the
tenor thereof are liable for damages.”
9. Clearly, the defendant breached its contract when it did not settle its obligation by 22
December 2022.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgment be rendered in favor of the plaintiff and that after judgment;

a. The defendant be ORDERED TO IMMEDIATELY PAY the plaintiff the PRINCIPAL

AMOUNT OF THE LOAN amounting to TEN MILLION PESOS (Php 10,000,000);
b. The defendant be ORDERED TO IMMEDIATELY PAY THE INTEREST ON THE
PRINCIPAL LOAN in the amount of THREE MILLION NINE HUNDRED
THOUSAND PESOS (Php 3,900,000);
c. The defendant be ORDERED TO PAY ONE HUNDRED THOUSAND PESOS (Php
100,000) for the Attorney’s Fees.
d. The defendant be ORDERED TO PAY FIFTY THOUSAND PESOS (Php 50,000) for
Moral damages and FIFTY THOUSAND PESOS (Php 50,000) for Exemplary damages.

Such other reliefs and remedies under the premises are likewise prayed for.

Manila City, Philippines, this 29th day of November 2023.

Claire Mae Serrano & Rhowielyn Faye Santos

Counsels for the Plaintiff
PTR No. 18909695: 1-06-19:B.C.
IBP No. 6930958: 1-06-19:B.C.
Roll No. 42481:5-10-20: Manila
Rm. 4 2/F Elizabeth Hall Bldg.
Lot 1 Blk. 41, Katipunan Avenue
Loyola Heights, Quezon City
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF MANILA) SS.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Mara , of legal age, after having been duly sworn in accordance with law, depose and state
that:
1. I am the 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 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.

_____________________________
Affiant

SUBSCRIBED AND SWORN to before me this 29th day of November 2023 at Manila
City, affiant exhibiting to me her Community Tax Certificate No. 20438785 issued on November
2023 at Manila City.

Doc. No.: 39
Page No.: 5
Book No.: 7
Series of 2023.
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF MANILA) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Manila, personally appeared, with
Community Tax Certificate No. 20438785 issued on November 2023 at Manila City, known to
me and to me known to be the same person who executed the foregoing instrument which she
acknowledged to me as her free and voluntary act and deed, consisting of only two (2) page/s,
including this page in which this Acknowledgment is written, duly signed by her and her
instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this November 2023 at Manila City, Philippines.

NOTARY PUBLIC
Doc. No.: 40
Page No.: 5
Book No.: 7
Series of 2023.
 ANNEX A

PROMISSORY NOTE
 ANNEX B

FINAL DEMAND LETTER

URGENT

1 February 2023

Sampaloc, Manila

Attention: MS. CLARA

Re: Unpaid Loan

amounting to ₱13,900,000.00

Madam:

We write on behalf of our client, Clara, regarding the above-captioned matter.

Based on available records provided by our client, you borrowed money from her in the
amount of ₱10,000,000.00, which was due on 01 December 2022. As per your mutual agreement
dated 11 November 2019, this loan bears a monthly interest rate of 1% (12% per annum).

Despite our client’s previous attempts to contact you via text, email, and other
communication methods, there has been no response from your side regarding this matter. Please
note that as per the records of our client, your unpaid loan amounts to Pesos: Thirteen Million,
Nine Hundred Thousand (₱13,900,00.00), inclusive of accumulated interest for 39 months (37
months until due + 2 months after due), as of 01 February 2023.

Accordingly, FINAL DEMAND is hereby made upon you to remit to our client the total
amount of ₱13,900,000.00 within five (15) days from receipt hereof. This letter is being sent via
registered mail, ordinary mail, and private forwarding services to ensure proof of service.

Your failure to comply shall constrain us to file the necessary criminal and civil actions
against you to protect our client’s interests. In such event, our client shall hold you liable not
only for the principal claims but also for all consequential costs and damages, including our
attorney’s fees.

We urge you to give this matter your immediate attention.

Very truly yours,

UY SARIA & TOLEDO

LAW OFFICES
By:

ERNEST C. UY

THALIA R. VILLELA
 ANNEX B

REPUBLIC OF THE PHILIPPINES

Barangay Sampaloc
City of Manila

OFFICE OF THE LUPONG TAGAPAMAYAPA

MARA BARANGAY CASE NO. 9

Complainant FOR: Collection for a sum of money
And damages.
-against-

CLARA
Respondent

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been no personal confrontation between the parties before the Punong
Barangay because the respondent was absent and that mediation failed.
2. The Pangkat Tagapagkasundo was constituted, but there has been no personal
confrontation before the pangkat likewise did not result into a settlement because the
respondent was absent.
3. Therefore, the corresponding complaint for the dispute may be filed in court/government
office.

This 28th day of October 2023.

_____________________________
Pangkat Secretary

Attested by:

_____________________________ _____________________________
Pangkat Chairperson Pangkat Member

_____________________________
Pangkat Member

Noted by:

Lucia B. Quimson
Punong Barangay/Lupon Chairperson