PRACTICE

COURT II
Action for Collection of Sums of Money
 In Partial Fulfillment with the
Requirements in PRCO 002,
Practice Court II, Sunday, 3-5
P.M.

Pledings, Annexes for Marking, and Script for Pre-trial

Conference in an Action for Collection of Sums of Money
i

SUBMITTED BY:
Andal, Rafael Ian
Lomibao, Charlotte Anne M.
Nacino, Allana
Oneza, Ma. Angelica E.
Rebutala, Jonalie
Soliman, Alyssa Iana F.
Tesorero, Suzainne
[Section 73]

SUBMITTED TO:
Judge Carded G. Cuerdo
[Professor]

18 SEPTEMBER 2022
 CONTENTS

Case Summary
Complaint
Annexes of Plaintiff
Pre-Trial Brief of Plaintiff
Answer
Annexes for Defendant
Pre-Trial Brief of Defendant
Script
 CASE SUMMARY
MARIA DE DIOS VS. KARLOTA CRUZ
MARIA DE DIOS VS. KARLOTA CRUZ
ACTION FOR COLLECTION OF SUMS OF MONEY

The parties in this case are Maria De Dios and Karlota

Cruz.

Kruz is the owner of Karlota Home & Furniture

Aesthetics, Inc. and is the Overall Officer-in-Charge of
the business. She is short of cash for the expansion of her
furniture business which prompted her to loan from
Maria De Dion, owner of a lending company, the amount
of Php 3,600.000.00. A Contract of Loan was executed
between them in January 8, 2022. Kruz secured her
obligation by making a Promissory Note on same date.

Allegedly after two (2) monthly payments, Kruz defaulted

in making good her obligation. She was served an office
Memorandum by De Dios' collecting agent and later a
Final Demand Letter was served by De Dio's liaison
officer.

Kruz claimed that she never defaulted after the two (2)
installments. In fact, she tendered the next two (2)
monthly installment payments to De Dios' security staff
who issued to him provisional receipts. According to her,
she made earnest efforts to reach out to De Dios but all
were in vain.

Hence, this case filed by Plaintiff Maria De Dios against

Defendant Karlota Kruz for collection of sums of money
in the amount of Php 3,600,000.00 before the Regional
Trial Court of Makati raffled before Branch 56 of the said
court.
 COMPLAINT
ACTION FOR COLLECTION OF SUMS OF MONEY
 REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 56

Maria De Dios
Plaintiff, Case No. 12345
-versus- For: Collection of Sum of Money
Karlota Cruz
Defendant.

x- - - - - - - - - - - - - - - - - - -x

COMPLAINT

Plaintiff, by counsel, states that:

1. Maria De Dios (“Plaintiff”) is a Filipino, of legal age, single, and a resident

of 789 Makati Street, Makati Village, Makati City. She may be served with
the order and processes of this Court at the address of her counsel indicated
below.

2. Karlota Cruz (“Defendant”) is also a Filipino, of legal age, and a resident of

012 34th Street, Bonifacio Global City, Taguig City.

3. On 08 January 2022, Defendant borrowed from the Plaintiff the sum of Three
Million Six Hundred Pesos (PHP 3,600,000.00) for additional capital for her
furniture business.

4. The loan is evidenced by a Contract of Loan dated 08 January 2022 and

further secured by a Promissory Note No. 567, dated 8 January 2022.

Copies of the Contract of Loan dated 08 January 2022 and Promissory Note
No. 567 dated 08 January 2022 are attached as Annexes “A” and “B,”
respectively.

5. The Contract of Loan states among other things that the loan is payable in 12
monthly installments beginning 08 February 2022, with an interest of 2% per
annum as stated under paragraph 2.
 6. The Contract of Loan also states that the remaining unpaid obligation of the
Defendant will be due and demandable upon delay in payment of at least one
(1) month, stated under paragraph 5.

7. On 15 July 2022, Raphy Ruiz, the collecting agent of Plaintiff, sent an office
Memorandum stating that the Defendant failed to pay two (2) monthly
installments beginning 08 May 2022.

Copies of the Memorandum and Judicial Affidavit of Raphy Ruiz stating

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

8. Plaintiff directed Ruiz to prepare a Final 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 July 2022 is attached hereto as Annex
“E.”

9. On 22 June 2022, Chawie Lobella, 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
Lobella.

A copy of the Judicial Affidavit of Chawie Lobella is attached hereto as

Annex “F.”

10. Despite personal receipt of the defendant of the Final Demand Letter, no
payment was made up to the present.

11. 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 Three
Million Pesos (PHP 3,000,000.00) with the stipulated interest of 2% per
annum.
2. Order the defendant to pay the penalty fee in the amount of Thirty Thousand
Pesos (PHP 30,000.00) and damages as may be due.
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. ALYSSA IANA F. SOLIMAN
Roll No. 12345
IPB No. 12345
PTR No. 12345
MCLE Compliance No. 12345
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Maria De Dios, 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 heretofore 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 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)
Maria De Dios
Affiant

JURAT

SUBSCRIBED AND SWORN TO BEFORE ME this 15 August 2022 in the City of

Makati by affiant Maria De Dios, who personally appeared before me and exhibited to
me her Passport No. 012345AA issued at Pasay City, Philippines, on 08 December
2020.

(signed)
ATTY. CHRISTOPHER DIYOR
Notary Public
Commission expires on 31 December
2022
Purple & Pink Building, Calachuchi
Street, Makati City
 Roll No. 95623
PTR No. 15926
IBP No. 74815
MCLE Compliance No. 78462

Doc. No. 250;

Page No. 58;
Book No. 07;
Series of 2022.
ANNEXES
FOR PLAINTIFF
 CONTRACT OF LOAN

This Contract of Sale is executed between:

Maria De Dios, Filipino, of legal age, single, with residence at

789 Makati Street, Makati Village, Makati City, referred to as
“LENDER”

and

Karlota Cruz, Filipino, of legal age, single with residence at 012

34th Street, Bonifacio Global City, Taguig City, referred to as
“BORROWER”

IN VIEW OF THE FOREGOING, the parties agreed as follows:

1. Lender agrees to loan the Borrower the amount of Three Million Six Hundred
Pesos (PHP 3,600,000.00) in cash for the latter’s additional capital for his
furniture business.
2. The loan is payable in 12 monthly installments in the amount of Three Hundred
Thousand Pesos (PHP 300,000.00) beginning 08 February 2022, with an interest
of 2% per annum.
3. Borrower agrees to execute a Promissory Note to secure the payment agreed upon
in the contract.
4. Lender agrees to issue an Official Receipt of upon receipt of payment from
Borrower.
5. In case of at least one (1) month delay in the payment of monthly installments, the
remaining unpaid obligation becomes due and demandable.
6. Furthermore, the Borrower shall be liable to pay for a penalty fee in the amount of
1% percent of the remaining unpaid obligation.

IN WITNESS WHEREOF, the parties signed this instrument this 08 January 2022 at Makati
City.

(signed) (signed)
Maria De Dios Karlota Cruz
Lender Borrower

Witnesses:

(signed) (signed)
Juan Dela Pena Juana Sta. Cruz
 ACKNOWLEDGMENT

Republic of the Philippines)

City of Makati ) S.S.

BEFORE ME, a Notary Public for and in the City of Makati, this day of 08 January
2022, personally appeared:

Name Valid Gov ID Expiration

Maria De Dios Passport No. 012345AA 08 December

2030

Karlota Cruz Passport No. 987456BB 01 September

2031

Known to me to be the same person who executed this instrument consisting of two (2) pages
and acknowledged to me that the same is their voluntary act.

Witness my hand and seal this 08 January 2022 at Makati City.

(signed)
ATTY. VINCENT VLADYMIR
Notary Public
WestVille Building, Victor Street, Makati
City
Commission expires on 31 December
2022
Roll No. 95623
PTR No. 15926
IBP No. 74815
MCLE Compliance No. 78462

Doc. No. 110;

Page No. 10;
Book No. 03;
Series of 2022.
 PROMISSORY NOTE

FOR VALUE RECEIVED, I, Karlota Cruz, Filipino, of legal age, single, with residence at

012 34th Street, Bonifacio Global City, Taguig City, promise to pay to the order of Maria De Dios, at

her residence at 789 Makati Street, Makati Village, Makati City, the sum of Three Million Six

Hundred Thousand Pesos (PHP 3,600,000.00), with an interest rate of 2% per annum, payable in 12

monthly installments in the amount of Three Hundred Pesos (PHP 300,000.00) beginning 08 February

2022 until 08 January 2023. The loan shall be paid every 8th of the month without delay.

08 January 2022, Makati City.

(signed)
Karlota Cruz
Maker
 MEMORANDUM

Date: 15 July 2022

To: Karlota Kruz/Karlota Home & Furniture Aesthetics, Inc.

Officer-in-Charge

From: Maria De Dios, principal

Prepared by: Raphy Ruiz, collecting agent

Subject: Delinquent Account of Karlota Kruz

Please be informed that you have an outstanding balance in the amount of

Three Million Pesos (PHP 3,000,000.00) beginning 09 June 2022, plus interests
agreed upon in the Contract.

This Memorandum is to remind you that you have entered into a Contract of
Loan with Maria De Dios in the amount of Three Million Six Hundred Thousand
Pesos (PHP 3,600,000.00) for additional capital for your furniture business
above-mentioned, executed last 08 January 2022, for which you tendered a Promissory Note
on the same date.

The obligation started running due last 08 February 2022. We received and
acknowledged receipt of your first two monthly installment payments amounting to a total of
Six Hundred Thousand Pesos (PHP 600,000.00) paid last 08 March 2022 and 08 April 2022,
respectively.

However, come 08 May 2022 and the following payment date of 08 June 2022, you
failed to tender any amount. Pursuant to the terms of the contract, you are now liable to pay
the entire unpaid obligation of Php 3,000,000.00 after defaulting to pay at least one (1)
monthly installment, including one percent (1%) of the balance.

If you have any questions, please contact Raphy Ruiz at 0990-123-x456 or reach
him via email at ruizraphrap@mariabiz.com.

Thank you very much.

(signed)
Raphy Ruiz
Collecting Agent
 REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 56

Maria De Dios
Plaintiff, Case No. 12345
-versus- For: Collection of Sum of Money
Karlota Cruz
Defendant.

x- - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE

WITNESS.

1. Name: Raphy Ruiz

2. Age: 30
3. Address: 987 Mayon St., Makati City
4. Occupation: Collection Agent
5. Language: English

B. LAWYER WHO CONDUCTED OR SUPERVISED THE

EXAMINATION OF THE WITNESS.

1. Name: Atty. Msark Santos

2. Address: Unit AB X Building, Salcedo Street, Makati City
3. Place of Examination: ABC Law Firm, Unit AB X Building, Salcedo
Street, Makati City

II. OFFER.

The testimony of the witness, Raphy Ruiz, is being offered to prove the:

1. Defendant’s nonpayment of the monthly installments which were due

and demandable;
2. Authenticity of the office memorandum he issued to inform the
plaintiff of the fact of such nonpayment.

III. JUDICIAL AFFIDAVIT PROPER .

 I, Raphy Ruiz, 30 years old, married, Filipino, and residing at 987 Mayon St.,
Makati City, hereby depose under oath, as follows:

1. Q – Please state your name, age, residence, and occupation.

A – I am Raphy Ruiz, 30 years old, residing at 987 Mayon St., Makati
City. I am a collection agent.

2. Q – Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the same
to constitute as my direct testimony, in the above-captioned civil case.

3. Q – For the record, please state the name and address of the lawyer
who is now conducting or supervising your examination and the place
where the examination is being held now?
A – You are Atty. Mark Santos, an associate of the plaintiff’s counsel,
ABC Law Firm, now conducting the examination at your firm’s office
located at Unit AB X Building, Salcedo Street, Makati City.

4. Q – In what language do you want your examination to be conducted?

A – In English.

5. Q – Do you undertake to answer the questions to be asked of you, fully

conscious that you will do so under oath, and that you may face
criminal liability for false testimony or perjury?
A -Yes.

6. Q – Let us now proceed to the Complaint. Do you know the plaintiff in

this case – Maria De Dios?
A – Yes. She is my boss.

7. Q – Do you know the defendant in this case – Karlota Cruz?

A – Yes. She is a debtor of Maria De Dios?

8. Q – Why do you know Karlota Cruz?

A – Because as Maria De Dios' collection agent, I get to know her
debtors when I collect their loan payments to Maria De Dios. Karlota
Cruz is one of the many debtors in Maria De Dios' lending business.

9. Q – Why are you testifying in this case?

A – I am testifying in this case because Karlota Cruz failed to pay
Maria De Dios in accordance with their loan agreement and Maria De
Dios would want to collect payment.

10. Q – How do you know that Karlota Cruz failed to pay Maria De Dios?
A – As Maria De Dios' collection agent, I am tasked to collect
payments from her debtors, based on the terms of the Contract of Loan
they execute with her. Under the Contract of Loan between Maria De
Dios and Karlota Cruz, dated January 8, 2022, the latter’s loan is
payable in 12 monthly installments beginning January 8, 2022.
However, Karlota Cruz did not make any payment since May 8, 2022
 and has thus already failed to pay two (2) monthly installments.

11. Q – Upon knowing that Karlota Cruz failed to pay Maria De Dios,
what did you do?
A – I informed Karlota Cruz by issuing an office memorandum, in
accordance with standard operating procedure.

12. Q – Can you identify the documents that I am showing you?

A – Yes. These are the original office memorandum that I have talked
about earlier as well as a duplicate copy thereof.

Nothing Follows.

Makati City, July 13, 2022.

(signed)
Raphy Ruiz
Affiant

SUBSCRIBED AND SWORN to before me in Makati City on July 13, 2022, affiant
showing his/her competent proof of identity, to wit: Driver’s License No. 12345ABC.

ATTY. WILHELM REYES

Notary Public
Commission expires on 31 December 2022
Florence Building, Vivace Street, Makati City
Roll No. 45367
PTR No. 869378
IBP No. 47334
MCLE Compliance No. 95849

Doc. No. 230;

Page. No. 40;
Book No. 06;
Series of 2022.

IV. EXHIBIT ATTACHED TO THE JUDICIAL AFFIDAVIT.

Exh. “A” – duplicate copy of the office memorandum issued by the affiant
 V. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR
SUPERVISED THE EXAMINATION OF THE WITNESS.

I, Atty. Alyssa Iana F. Soliman, of legal age, single, and with law office address at
Unit AB X Building, Salcedo Street, Makati City, under oath, hereby depose and state that:

1. I am an associate of ABC Law Firm, the Legal Counsel for the plaintiffs in the
above-entitled case;
2. I faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that the above named witness gave;
3. Neither I nor any other person then present or assisting him coached the witness
regarding the latter's answers; and
4. I conducted the examination of the witness at the office of the ABC Law firm at
Unit AB X Building, Salcedo Street, Makati City

Makati City, 13 July 2022.

(signed)
ATTY. ALYSSA IANA F. SOLIMAN
Affiant

SUBSCRIBED AND SWORN to before me in Makati City on July 15, 2022, affiant
showing his/her competent proof of identity, to wit: IBP ID No.74815.

ATTY. WILHELM REYES

Notary Public
Commission expires on 31 December 2022
Florence Building, Vivace Street, Makati City
Roll No. 45367
PTR No. 869378
IBP No. 47334
MCLE Compliance No. 95849

Doc. No. 245;

Page. No. 45;
Book No. 06;
Series of 2022.
 ABC LAW FIRM

Unit AB X Building, Salcedo Street, Makati City

Tel No: +632 8888 7890
law@abclaw.com

22 July 2022

Karlota Cruz
012 34th Street, Bonifacio
Global City, Taguig City.

RE: Outstanding Debt of Php 3,000,000.00

Dear Ms. Karlota Kruz:

Our client, Maria De Dios, endorsed to us the matter of your unsettled

payment in the amount of Php 3,000,000.00 representing your unpaid obligation
pursuant to your Contract of Loan dated 08 January 2022.

Despite notice given last 15 July 2022 as reflected in the Office Memorandum
of said date and countless demands, you still failed and refused to pay the above
amount up to present.

In view thereof, you are given a period of 10 days upon receipt of this Final
Demand Letter to pay the amount of Php 3,000,000.00 plus the interests agreed upon.
Otherwise, we shall be constrained to file the necessary legal action/s against you to
collect the said amounts, including the attorney’s fees and litigation costs.

For queries, you may reach us through our details above-listed.

(signed)
ATTY. ALYSSA IANA F. SOLIMAN
Roll No. 12345
IPB No. 12345
PTR No. 12345
MCLE Compliance No. 12345
PRE-TRIAL BRIEF
FOR THE PLAINTIFF
 REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 56

Maria De Dios
Plaintiff, Case No. 12345
-versus- For: Collection of Sum of Money
Karlota Cruz
Defendant.

x- - - - - - - - - - - - - - - - - - -x

PRE-TRIAL BRIEF

Plaintiff, through counsel, respectfully files this Pre-trial Brief and states that:

I. Willingness to Enter Into An Amicable Settlement and Other Possible

Terms of Settlement

Plaintiff is open to settling this dispute amicably, subject to a concrete

proposal that is fair and reasonable and a reciprocal manifestation of openness
from defendant.

II. Intention to Avail Modes of Discovery

Plaintiff intends to use the Modes of Discovery available under the Rules of
Civil Procedure.

III. Willingness to Abide to the Possibility of Summary Judgment or

Judgment on the Pleadings

Defendant is willing to abide with the possibility of summary judgment or

judgment on the pleading.
IV. Brief Statement of Facts and of the Case

On 08 January 2022, plaintiff granted a loan to the defendant in the amount of

Three Million Six Hundred Pesos (PHP 3,600,000.00) for additional capital
for her furniture business in which the defendant promised to pay within the
period of twelve (12) monthly installments beginning 08 February 2022 at the
interest rate of 2% per annum in accordance with the terms and conditions of
the Promissory Note executed by defendant. Contract of Loan also states that
the remaining unpaid obligation of the Defendant will be due and demandable
upon delay in payment of at least one (1) month.

Of the said obligation, Defendant failed to pay two (2) monthly installments
for the months of 08 May 2022 and 08 June 2022, respectively. On 15 July
2022, the collecting agent of Plaintiff sent an office Memorandum stating that
the Defendant failed to pay the said amounts on the said dates. On 22 July
2022, the liaison officer of Plaintiff personally served to the Defendant the
Final Demand Letter demanding the full payment of the unpaid loan and
interest within fifteen (15) days from the receipt thereof.

However, Defendant claims that she has paid the two (2) monthly installments
in the amount agreed to the attending security staff of the Plaintiff’s office on
their respective due dates. Defendant claimed that she attempted to
communicate and settle the same with the Plaintiff through repeated phone
calls which were all left unanswered.

Plaintiff claims otherwise as stipulated in the foregoing, hence this case.

V. Summary of Admitted Facts and Proposed Stipulation of Facts

Plaintiff’s admissions are limited to those matters alleged in her complaint.

VI. Issues to Be Resolved

1. Factual: Whether or not the defendant has properly paid the two (2)
monthly installments.
 2. Legal: Whether or not the Defendant is liable for interests under the
terms of the Contract of Loan and for damages under the law.

VII. Referral to Commissioners

Plaintiff manifests that she is amenable to referring the case to commissioners

under such reasonable and acceptable terms and conditions.

VIII. Documentary Evidence

1. Contract of Loan dated 08 January 2022 both signed by the parties in

order to prove that the Defendant was aware of the dates the obligation
will be due, the number of installment payment period including the
interest rate of the loan;

2. Promissory Note No. 567 dated 08 January 2022 to prove that the
Defendant has contracted the loan;

3. Office Memorandum and Judicial Affidavit of the collecting agent of

the Plaintiff stating among others that the Defendant failed to pay the
two (2) monthly installments beginning 08 May 2022;

4. Final Demand Letter demanding the full payment of the loan and
interest within fifteen (5) days from receipt thereof to prove that
Defendant was given ample time to pay her unpaid loan and to settle
the matter amicably; and

5. Judicial Affidavit of the liaison officer of the Plaintiff who personally

served to the Defendant the Final Demand Letter.

IX. Names of Witnesses and Summary of Testimony

1. Ms. Maria De Dios - the plaintiff herself, who will testify for her cause
as to the allegations stated in the complaint;

2. Mr. Raphy Ruiz - collecting agent of Ms. De Dios;

3. Ms. Chawie Lobella - the liaison officer of plaintiff who personally

served the Demand Letter to the Defendant.

4. Plaintiff reserves the right to present other witnesses not herein

enumerated as deemed necessary.
X. Applicable Laws or Jurisprudence

1. Art. 1169 of the New Civil Code states that:

Those obliged to deliver or to do something incur in
delay from the time the obligee judicially or
extrajudicially demands from them the fulfillment of
their obligation.

However, the demand by the creditor shall not be

necessary in order that delay may exist:
(1) When the obligation or the law expressly so
declares.
Xxx

2. Art. 1170 of the New Civil Code states that:

Those who in the performance of their obligations are
guilty of fraud, negligence, or delay, and those who in
any manner contravene the tenor thereof, are liable
for damages.

3. Other relevant and applicable jurisprudence issued by the Supreme

Court.

XI. Prayer

Plaintiff respectfully prays that:

1. The Defendant be ordered to pay the remaining unpaid loan in the amount of
Three Million Pesos (Php 3,000,000) with the stipulated interest of 2% per
annum.
2. The Defendant be ordered to pay the penalty fee in the amount of Thirty
Thousand Pesos (Php 30,000) and damages as may be due.
 Respectfully submitted.

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. ALYSSA IANA F. SOLIMAN
Roll No. 12345
IPB No. 12345
PTR No. 12345
MCLE Compliance No. 12345

Copy Furnished:
Registry Receipt No.
____________
XYZ Law Firm
Counsels for Respondent
2nd Floor IBC Building
26th St. Bonifacio Global City, Taguig City
E-mail address:XYZlawfirm@xyzlaw.com
Tel. No. (033) 3371154 & (033) 3371146
 ANSWER
ACTION FOR COLLECTION OF SUMS OF MONEY
 REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 56

Maria De Dios
Plaintiff, Case No. 12345
-versus- For: Collection of Sum of Money
Karlota Cruz
Defendant.

x- - - - - - - - - - - - - - - - - - -x

ANSWER

Defendant Karlota Cruz, through undersigned counsel and to this Honorable Court,
most respectfully states that:

1. Defendant admits the allegations contained in paragraphs 1, 2, 3, 4, 5, 6, 8 and

9 of the Complaint.

2. Defendant denies the allegations contained in paragraph 7 of the Complaint,

the truth being that the two (2) monthly installments for 08 May 2022 and 08
June 2022 were paid to the attending security staff on the said respective dates.

Copy of the acknowledgment receipts issued by the attending security staff,

Jose Pinlac, is hereto attached as Annex “1” and Annex “1-1”, respectively.

3. Defendant admits the receipt of the Plaintiff’s Final Demand Letter and hence,
partially denies the allegation in paragraph 10.

4. Defendant, upon receipt of the Final Demand Letter, attempted to

communicate and settle the same to the plaintiff through repeated phone calls,
in which plaintiff all failed to answer.

Copy of the screenshots of the phone calls made dated 23 June 2022, 24 June
2022 at 10 A.M and 24 June 2022 at 4 P.M., are hereto attached as Annex “2”,
Annex “2-2” and “Annex 2-3”, respectively.

5. Under Art. 1231 of the New Civil Code, obligations are extinguished by
payment or performance. Art. 1242 under the same Code also states that
payment made in good faith to any person in possession of the credit shall
release the debtor. Hence, the payment made in good faith by the Defendant to
the Plaintiff’s security staff shall release the Defendant from any liabilities.
 AFFIRMATIVE DEFENSES

1. The obligation to the plaintiff has already been performed therefore no cause
of action exists against the defendant.

2. There being no cause of action, the plaintiff is not entitled to the reliefs prayed
for in the complaint, specifically the amount of Three Million Pesos (Php
3,000,000) with interest of 2% per annum and the penalty of Thirty Thousand
Pesos (Php 30,000).

PRAYER

WHEREFORE, it is most respectfully prayed that judgment be rendered in

favor of the defendant and against the plaintiff thereby dismissing the complaint for
collection of the sum of money in the amount of P3,000,000.00 with the stipulated
interest of 2% per annum because the said obligation of the defendant was already
settled.

Defendant prays for such other relief and remedies as the Honorable Court
may deem just and equitable under the premises.

Makati City, 20 August 2022.

XYZ Law Firm

Counsels for Respondent
2nd Floor IBC Building
26th st. Bonifacio Gobal City, Taguig City
E-mail address:XYZlawfirm@xyzlaw.com
Tel. No. (033) 3371154 & (033) 3371146

By:

ATTY. SUZAINNE TESORERO

IBP NO. 19376
PTR NO. 19553
ATTORNEY’S ROLL NO. 123666
MCLE COMPLIANCE NO. 99553344

Copy furnished:

ATTY. ALYSSA IANA F. SOLIMAN Registry

Receipt No. ____________
Counsel for Plaintiff
ABC LAW FIRM
Unit AB X BUilding, Tomas Street, Makati City
Tel No: +632 8888 7890
law@abclaw.com
REPUBLIC OF THE PHILIPPINES )

CITY OF MAKAT ) S.S.

VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

I, Karlota Cruz, married, of legal age, Filipino and a resident of 012 34th
Street, Bonifacio Global City, Taguig City, after having been duly sworn to in
accordance with law, do hereby depose and state that:

1. I am the Petitioner in the foregoing Petition and I have caused the

preparation of the same, the contents of which are all true and correct to
the best of my personal knowledge, information and belief;

2. I certify that neither have I commenced nor is there any pending Petition
of similar nature before any court, tribunal or quasijudicial agency, and if I
should hereafter learn that the same or similar Petition has been filed or is
pending in any court, tribunal or quasi-judicial agency, I shall report the
fact within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of August
2022 in Makati City.

(signed)
Karlota Cruz
Affiant

JURAT

SUBSCRIBED AND SWORN TO BEFORE ME this 19 August 2022 in the City of

Makati by affiant Karlota Kruz, who personally appeared before me and exhibited to
me her Passport No. 876543BB issued at Pasay City, Philippines, on 18 December
2020.

ATTY. GUINTER SANTOS

Notary Public
 Commission expires on 31 December
2022
Louvre Building, Andante Street,
Makati City
Roll No. 65474
PTR No. 67853
IBP No. 89768
MCLE Compliance No. 13451

Doc. No. 356;

Page No. 90;
Book No. 09;
Series of 2022.
ANNEXES
FOR DEFENDANT
Acknowledgement Receipt

PAYMENT DATE 08/05/2022

RECEIPT NUMBER #123456 AMOUNT PAID 300,000.00

PAYMENT METHOD CASH MONEY ORDER CHECK CHECK NUMBER:

RECEIVED FROM Karlota Cruz RECEIVED BY Jose Pinlac

Payment of Loan

THANK YOU
Acknowledgement Receipt

PAYMENT DATE 08/06/2022

RECEIPT NUMBER #123457 AMOUNT PAID 300,000.00

PAYMENT METHOD CASH MONEY ORDER CHECK CHECK NUMBER:

RECEIVED FROM Karlota Cruz RECEIVED BY Jose Pinlac

Payment of Loan

THANK YOU
PRE-TRIAL BRIEF
FOR THE DEFENDANT
 REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 56

Maria De Dios
Plaintiff, Case No. 12345
-versus- For: Collection of Sum of Money
Karlota Cruz
Defendant.

x- - - - - - - - - - - - - - - - - - -x

PRE-TRIAL BRIEF

Defendant, through counsel, respectfully files this Pre-trial Brief and states
that:

I. Willingness to Enter Into An Amicable Settlement and Other Possible

Terms of Settlement

Defendant is open to settling this dispute amicably, subject to a concrete

proposal that is fair and reasonable and a reciprocal manifestation of openness
from plaintiff.

II. Intention to Avail Modes of Discovery

Defendant intends to avail of the modes of discovery.

III. Willingness to Abide to the Possibility of Summary Judgment or

Judgment on the Pleadings

Defendant is willing to abide with the possibility of summary judgment or

judgment on the pleading.
IV. Brief Statement of Facts and of the Case

Defendant admits that she has contracted a loan to the Plaintiff in the amount
of Three Million Six Hundred Pesos (PHP 3,600,000.00) for additional capital
of her furniture business last 08 January 2022.

Plaintiff claims that the Defendant failed to pay two (2) monthly installments
for the months of 8 May and 8 June 2022 respectively thus, this made the
remaining unpaid obligation of the Defendant will be due and demandable
upon delay in payment of at least one (1) month per Contract of Loan executed
by the parties.

Defendant raise as a defense that payments were already made through the
attending security staff, Jose Pinlac on the said respective dates because the
plaintiff and or the collecting agent were not around in her house / office.
Provisional receipts were issued to her as proof of receipt of payments.

The Defendant admits that she has received a demand letter as stated in the
complaint and upon its receipt, she attempted to communicate and settle the
same to the plaintiff through repeated phone calls however, all left unanswered
by the plaintiff.

V. Summary of Admitted Facts and Proposed Stipulation of Facts

Defendant’s admissions are limited to those matters alleged in her complaint.

VI. Issues to Be Resolved

The Defendant manifests the intention to adopt the following issues raised by
the Plaintiff:

1. Factual: Whether or not the defendant has properly paid the two (2)
monthly installments.

2. Legal: Whether or not the Defendant is liable for interests under the
terms of the Contract of Loan and for damages under the law.
VII. Referral to Commissioners

Defendant manifests that she is amenable to referring the case to

commissioners under such reasonable and acceptable terms and conditions.

VIII. Documentary Evidence

1. Provisional receipts for the two (2) monthly installments for 08 may
2022 and 08 June 2022 issued by the attending security staff on the
said respective dates to prove that payments were made;

2. Screenshots of the phone calls made dated 23 June 2022 and 24 June
2022 at 10 A.M. and 04:00 P.M., respectively, to prove that the
Defendant attempted to communicate and settle the alleged unpaid
monthly installments to the Plaintiff through repeated phone calls
immediately upon receipt of the Final Demand Letter.

IX. Names of Witnesses and Summary of Testimony

1. Ms. Karlota Cruz – the Defendant herself, who will testify for her
cause as to the allegations stated in the Answer;

2. Mr. Jose Pinlac – the security staff who received and issued the
provisional receipts of the two (2) monthly installments claimed to be
unpaid to prove the payments made.

3. Defendant reserves the right to present other witnesses not herein

enumerated deemed necessary.

X. Applicable Laws or Jurisprudence

1. Art. 1231, New Civil Code

Art. 1231. Obligations are extinguished:
(1) By payment or performance.
Xxx
2. Art. 1242, New Civil Code
Art. 1242. Payment made in good faith to any person in possession
of the credit shall release the debtor.
3. Other relevant and applicable jurisprudence issued by the Supreme
Court.
XI. Prayer

Plaintiff respectfully prays that:

1. This Court issue an Order taking note of the submission of this Pre-trial Brief.

2. The Defendant further prays for such other reliefs and remedies deemed just
and equitable under the premises.

Respectfully submitted.

19 August 2022, Makati City.

XYZ Law Firm

Counsels for Respondent
2nd Floor IBC Building
th
26 st. Bonifacio Gobal City, Taguig City
E-mail address:XYZlawfirm@xyzlaw.com
Tel. No. (033) 3371154 & (033) 3371146

By:

ATTY. SUZAINNE TESORERO

IBP NO. 19376
PTR NO. 19553
ATTORNEY’S ROLL NO. 123666
MCLE COMPLIANCE NO. 99553344

Copy Furnished:
Registry Receipt No.
______________________________________
ATTY. ALYSSA IANA F. SOLIMAN
Counsel for Plaintiff
ABC LAW FIRM
Unit AB X BUilding, Tomas Street, Makati City
Tel No: +632 8888 7890
law@abclaw.com