REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MAKATI CITY, BRANCH __________

MR. A
Plaintiff, Case No. __________
-versus- For: Collection of Sum of Money
MR. B
Defendant.

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COMPLAINT

Plaintiff, by counsel, states that:

1. Mr. A (“Plaintiff”) is a Filipino, of legal age, single, and a resident of 789 Makati
Street, Makati Village, Makati City. He may be served with the order and
processes of this Court at the address of his counsel indicated below.

2. Mr. B (“Defendant”) is also a Filipino, of legal age, and a resident of 012 34th
Street, Bonifacio Global City, Taguig City.

3. On 8 January 2022, defendant borrowed from plaintiff the sum of Three Million
Six Hundred Pesos (PHP 3,600,000.00) for additional capital for his furniture
business.

4. The loan is evidenced by a Contract of Loan dated 8 January 2022 and further
secured by a Promissory Note No. 567 dated 8 January 2022.

Copies of the Contract of Loan dated 8 January 2022 and Promissory Note No.
567 dated 8 January 2022 are attached as Annexes “A” and “B” respectively.

5. The Contract of Loan states among others that the loan is payable in 12 monthly
installments beginning 8 February 2022, with an interest of 2% per annum as
stated under paragraph 2.

6. On 15 June 2022, Mr. C, the collection agent of plaintiff sent an office

Memorandum stating that defendant did not make any payment since 8 May
2022.

Copies of the Memorandum and Judicial Affidavit of Mr. C stating among

others that he informed plaintiff of the unpaid loan are hereto attached as
Annexes “C” and “D” respectively.

7. The Contract of Loan states that the remaining unpaid obligation of the
defendant will be due and demandable upon delay in payment for at least one (1)
month without the need of a demand letter, stated under paragraph 5.
 8. Although the contract providing that no demand letter is needed to inform the
defendant of its delay, plaintiff, out of the consideration, decided to send a
Demand Letter to defendant to remind him of his obligation.

9. Plaintiff directed Mr. C to prepare a Demand Letter demanding the full payment
of the loan and interest within fifteen (15) days from receipt of the said demand
letter.

A copy of the Demand Letter dated 20 June 2022 is attached as Annex “E.”

10. On 22 June 2022, Mr. D, the liaison officer of plaintiff personally served to the
defendant the Demand Letter. The fact of service and receipt of the demand
letter by the defendant is contained in the Judicial Affidavit of Mr. D.

A copy of the Judicial Affidavit of Mr. D is attached as Annex “F.”

11. Despite personal receipt of the defendant of the demand letter, no payment was
made.

12. Pursuant to Articles 1169 and 1170 of the New Civil Code, there is a delay when
a debtor fails to pay his due and demandable obligation after receipt of a demand
letter from the creditor, and as such, the defendant can be held liable for
damages.

PRAYER / RELIEF

Plaintiff respectfully prays that:

1. Order the defendant to pay the remaining unpaid loan in the amount of Two
Million Seven Hundred Thousand Pesos (PHP 2,700,000.00) with the stipulated
interest of 2% per annum.
2. Order the defendant to pay the penalty fee in the amount of Twenty Seven
Thousand Pesos (PHP 27,000.00).

Other equitable reliefs are likewise prayed for.

15 August 2022, Makati City.

ABC LAW FIRM

Unit AB X Building, Salcedo Street, Makati City
Tel No: +632 8888 7890
law@abclaw.com

By:

(signed)
Atty. W
Roll No. 12345
IPB No. 12345
PTR No. 12345
MCLE Compliance No. 12345

VERIFICATION and CERTIFICATE OF NON-FORUM SHOPPING

I, Mr. A, a Filipino, of legal age, single, and resident of 789 Makati Street, Makati
Village, Makati City, respectfully states that:

1. The allegations in the pleading are true and correct based on my personal
knowledge, or based on authentic documents;

2. The pleading is not filed to harass, cause unnecessary delay, or needlessly

increase the cost of litigation;

3. The factual allegations therein have evidentiary support or, if specifically so

identified, will likewise have evidentiary support after a reasonable opportunity
for discovery;

4. I have not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending therein;

5. If there is such other pending action or claim, a complete statement of the present
status thereof; and

6. If I should thereafter learn that the same or similar action or claim has been filed
or is pending, I shall report that fact within five (5) calendar days therefrom to the
court wherein my aforesaid complaint or initiatory pleading has been filed.

(signed)
Mr. A
Affiant

JURAT

SUBSCRIBED AND SWORN TO BEFORE ME this 14 August 2022 in the City of

Makati by affiant Mr. A, who personally appeared before me and exhibited to me his
Passport No. 012345AA issued at Pasay City, Philippines, on 8 December 2020.

(signed)
ATTY. M
NOTARY PUBLIC
Commission expires on 31 December 2022
Roll No. 95623
PTR No. 15926
IBP No. 74815
MCLE Compliance No. 78462

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of ______.