Republic of The Philippines Metropolitan Trial Court National Capital Judicial Region Branch 2, Quezon City

Republic of the Philippines
METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch 2, Quezon City
BOGART XXX Defendant.

Plaintiff,
-versus-
CIVIL CASE NO. 1234
JOBERT CHAN For: Collection of a Sum of
Money
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
COMPLAINT
PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,
respectfully alleges:
1. That Plaintiff is of legal age, Filipino, married to Nancy A. XXX and
with residence at # 11 Bohol St., Barangay Horseshoe, Quezon City;
2. That Defendant is likewise of legal age, Filipino, married and with
residence at # 15 Bohol St., Barangay Horseshoe, Quezon City, where he could be
served with summons and other processes of the Court;
3. That the above-named spouse of Plaintiff is the erstwhile business
partner of the defendant from year 2007 to 2009;
4. That in the course of their business, the plaintiffs spouse made
financial contributions through the request and assurances of the defendant that
such amount will be repaid. That however, after several months and upon
inquiry, plaintiffs spouse found out that defendant misappropiated the financial
investments made for his own personal use. That despite demands, defendant
failed to remit to and/or settle with the plaintiffs spouse the aggregate amount
of Ninety Eight Thousand Seven Hundred Pesos (P98,700.00);
5. That in recognition of defendants obligation in favor of plaintiffs
spouse, the former executed an Acknowledgement of Debt in favor of the plaintiff
on January 26, 2008, a photocopy of which is attached hereto as Annex A;
6. That by reason of the kindness and generosity of plaintiffs spouse,
defendants obligation through the Acknowledgement was reduced to the sum of
Sixty Thousand Pesos (P60,000.00), and transferred in favor of the plaintiff as
formalized n a duly-notarized Loan Agreement entered by and between the
plaintiff and the defendant on January 29 2008, a photocopy of which is hereto
attached as Annex B;
7. That part of said Loan Agreement is the obligation of the
defendant-debtor to pay the plaintiff-creditor the amount of Two Thousand Five
Hundred Pesos (P2,500.00) in monthly installments for thirty six (36) months, in
the form of cash from February 2008 to March 2011, and in the form of post-
dated checks from February 2008 onwards up to the full satisfaction of said loan,
including interest, set at two percent (2%) per month;
8. That after paying Two Thousand Five Hundred Pesos (P2,500.00) in
February 2008 and One Thousand Five Hundred Pesos (P1,500.00) only in March
2008 the defendant-debtor has started defaulting in the payment of his due
accounts;
9. That plaintiff-creditor sent separate letters (dated April 7, 2008 and
May 21, 2008) to the defendant-debtor containing a demand for the payment of
his outstanding payable, photocopies of which are hereto attached as Annexes
C and C-1;
10. That the continued refusal of defendant to settle his account
prompted the plaintiff-creditor to lodge a complaint with the barangay officials of
Barangay Horseshoe, Quezon City. A Certificate to File Action, copy of which is
hereto attached as Annex D, was subsequently issued for failure of the parties
to come to an Agreement.
11. That on June 1, 2008 a final demand letter was sent to the
defendant-debtor for the payment of his outstanding payable up to July 2008,
which however, was left unheeded, a photocopy of which is hereto attached as
Annex E;
12. That the demand letter was duly received by defendant thru his
wife Mrs. Veronica A. Chan on June 3, 2008, as shown by a Certification dated
June 25, 2008 issued by the Quezon City Central Post Office, copy of which is
hereto attached as Annex F;
13. That defendant-creditor has, as of this date, defaulted in the
payment of an aggregate amount of Twenty-six Thousand Pesos (P26,000.00);
14. That notwithstanding plaintiff-creditors repeated oral and written
demands, defendant-debtor failed and refused and still fails and refuses to heed
to the formers just and valid demands, leaving the plaintiff no other recourse but
to litigate and file this acton.
15. That by reason of defendants unjustified acts as well as bad faith
and intentional refusal to pay his overdue obligation, Plaintiff is entitled to the
award of moral damages in the amount of P5,000.00;
16. That by reason of defendants violation and disregard of Plaintiffs
rights, the award of exemplary damages in the amount of P5,000.00 is likewise
warrant to serve as a deterrent to the commission by the defendant and to others
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, judgment be rendered against
the defendant ordering the latter to pay the plaintiff as follows:
1. The amount of TWENTY SIX THOUSAND PESOS representing the
unpaid monthly installments due under the Loan Agrement dated August 6,
2005;
2. The amount of P5,000.00 as and by way of moral damages;
3. The amount of P5,000.00 as and by way of exemplary damages;
4. Cost of suit.
Other reliefs just and equitable under the premises are likewise prayed for.
Quezon City,______________
Atty. WILLIE REVILLAME

Counsel for the Plaintiff
Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City
Roll No. 76430 IBP No. 352980 dated 1-2-08
MCLE Compliance No. 11-00043527
VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
I, BOGART XXX, Filipino, of legal age with address at #11 Bohol St.,
Barangay Horseshoe, Quezon City after having been duly sworn on accordance
with law depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I caused the preparation of the foregoing Complaint and I have

read the allegations therein and certify that the same are true and correct of my
own personal knowledge;
3. That I further certify that I have not commenced any other action
involving the same issues before the Supreme Court, Court of Appeals or any
division 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.
WITNESS WHEREOF, I hereunto set my hand this 25th day of January,

2011 at Quezon City, Metro Manila, Philippines.
BOGART XXX
Plaintif
SUBSCRIBED AND SWORN TO before me this 25th day of January,

2011 at Quezon City, affiant having exhibited to me her CTC No. 67164 issued on
02 January 2011 at Quezon City.
NOTARY PUBLIC
Doc. No.2
Page No. 23
Book No. XV
Series of 2011

Republic of The Philippines Metropolitan Trial Court National Capital Judicial Region Branch 2, Quezon City

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Republic of the Philippines

METROPOLITAN TRIAL COURT

BOGART XXX Defendant.

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,

1. That Plaintiff is of legal age, Filipino, married to Nancy A. XXX and

with residence at # 11 Bohol St., Barangay Horseshoe, Quezon City;

2. That Defendant is likewise of legal age, Filipino, married and with

residence at # 15 Bohol St., Barangay Horseshoe, Quezon City, where he could be

served with summons and other processes of the Court;

3. That the above-named spouse of Plaintiff is the erstwhile business

partner of the defendant from year 2007 to 2009;

4. That in the course of their business, the plaintiffs spouse made

of Ninety Eight Thousand Seven Hundred Pesos (P98,700.00);

5. That in recognition of defendants obligation in favor of plaintiffs

spouse, the former executed an Acknowledgement of Debt in favor of the plaintiff

on January 26, 2008, a photocopy of which is attached hereto as Annex A;

6. That by reason of the kindness and generosity of plaintiffs spouse,

defendants obligation through the Acknowledgement was reduced to the sum of

Sixty Thousand Pesos (P60,000.00), and transferred in favor of the plaintiff as

formalized n a duly-notarized Loan Agreement entered by and between the

plaintiff and the defendant on January 29 2008, a photocopy of which is hereto

7. That part of said Loan Agreement is the obligation of the

defendant-debtor to pay the plaintiff-creditor the amount of Two Thousand Five

including interest, set at two percent (2%) per month;

8. That after paying Two Thousand Five Hundred Pesos (P2,500.00) in

9. That plaintiff-creditor sent separate letters (dated April 7, 2008 and

his outstanding payable, photocopies of which are hereto attached as Annexes

prompted the plaintiff-creditor to lodge a complaint with the barangay officials of

Barangay Horseshoe, Quezon City. A Certificate to File Action, copy of which is

defendant-debtor for the payment of his outstanding payable up to July 2008,

which however, was left unheeded, a photocopy of which is hereto attached as

wife Mrs. Veronica A. Chan on June 3, 2008, as shown by a Certification dated

hereto attached as Annex F;

13. That defendant-creditor has, as of this date, defaulted in the

payment of an aggregate amount of Twenty-six Thousand Pesos (P26,000.00);

14. That notwithstanding plaintiff-creditors repeated oral and written

to litigate and file this acton.

15. That by reason of defendants unjustified acts as well as bad faith

award of moral damages in the amount of P5,000.00;

16. That by reason of defendants violation and disregard of Plaintiffs

rights, the award of exemplary damages in the amount of P5,000.00 is likewise

warrant to serve as a deterrent to the commission by the defendant and to others

similarly-minded of similar acts in the future.

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed

the defendant ordering the latter to pay the plaintiff as follows:

1. The amount of TWENTY SIX THOUSAND PESOS representing the

2. The amount of P5,000.00 as and by way of moral damages;

3. The amount of P5,000.00 as and by way of exemplary damages;

Atty. WILLIE REVILLAME

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

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

WITNESS WHEREOF, I hereunto set my hand this 25th day of January,

SUBSCRIBED AND SWORN TO before me this 25th day of January,

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