Action 4 Collection of Money

Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Caloocan City
ARNEL G CAPUNO CIVIL CASE NO.: __________

Plaintiff. FOR : Collection of Sum of Money
Versus
Sps. Marcelino Empaynado Jr and

Analie Empaynado
Defendants.
x--------------------------------------------------x
COMPLAINT
COMES NOW the plaintiff, and to this Honorable Court, respectfully

alleges:
That the plaintiff is of legal age, Filipino citizen and resident of No.83-B
Alvarez St.,10th Avenue, Caloocan City, while the defendants are also of legal
age, Filipino citizen and a resident of No.22 Epapu St., Pandayan, Meycauayan,
Bulacan, where they may be served with summons;
That from July to August 2007, defendants entice the herein plaintiff to
lend them money with total amount of ONE HUNDRED EIGHTEEN THOUSAND
SIX HUNDRED PESOS (Php118,600.00) to be utilized in their business payable
on September 10, 2007;
That said money now overdue, as evidence by promissory note signed by

the defendants before the Office of the Assistant City Prosecutor NIDA C
TABULDAN-GRAVINO of Caloocan City, a copy of which is hereto attach as
“Annex A” and made part of this complaint, to wit;
“ I, MARCELINO EMPAYNADO JR & ANALIE EMPAYNADO, both of legal

age, and presently residing at 22 Epapu Street, Pandayan, Meycauayan,
Bulacan, agreed to pay the amount of P118,600.00 in the following staggard
payment.
Php10,000.00---------------1st payment and the remaining balance will be
paid Php.2,000.00 every week until the said total amount is fully paid to said
ARNEL G CAPUNO.”
That despite repeated demands, both written and oral, defendants has
failed and refused to settle their obligation;
That due to unjust and unlawful acts of the defendant to comply with the
said demands, I am compelled to institute this action;
WHEREFORE, it is respectfully prayed that judgment be rendered

against the defendants to pay me the sum of ONE HUNDRED EIGHTEEN
THOUSAND SIX HUNDRED PESOS (Php118,600.00) plus interest from the date
of the instrument until full amount is paid.
Such other reliefs as may be just and equitable under the premises are
likewise prayed for.
September __, 2008, City of Caloocan, Philippines
______________________
Arnel G. Capuno
VERIFICATION
I, Arnel G Capuno, subscribing under oath, hereby deposes and states

that I am the plaintiff in the instant case; that I have read the foregoing
Complaint and the allegations therein are true and correct of my own
knowledge and I attest to the authenticity of the annexes thereof.
________________________
Arnel G Capuno
CERTIFICATION
I certify that I have not commenced any other action or proceeding

involving the same issues in any other court. No such action or proceeding is
pending in any court or tribunals. If I should learn that a similar action or
proceeding has been filed or is pending before any court of justice, I hereby
undertake to notify this Honorable Court within five (5) days from such notice
________________________
Arnel G Capuno
SUBSCRIBED AND SWORN TO before me this ___ day of September

2008 at Caloocan City, Philippines
.
__________________________
Administering Officer
Copy Furnished:
MARCELINO EMPAYNADO JR &

ANALIE EMPAYNADO
No. 22 Epapu Street, Pandayan,
Meycauayan, Bulacan
Republic of the Philippines
Department of Justice
REGIONAL TRIAL COURT
Branch__
Caloocan City
ARNEL G CAPUNO CRIMINAL CASE NO.: __________

Complainant. FOR : _____________________
Versus
Sps. Marcelino Empaynado Jr and

Analie Empaynado
Accused.
================================================================
MOTION FOR REVIVAL OF THE CASE
COMES NOW, the undersigned complainant a resident of No.83-B Alvarez

St.,10th Avenue, Caloocan City, and unto this Honorable Court most respectfully
MOVES for the revival of the above-entitled case on the following grounds:
The Accused failed to comply with th received a copy of the decision in the
above-entitled case from this Honorable Court, the findings and the dispositive
portion of which state the following:
“________________________________________________________________________
_____________________________________________________________________________
__
_____________________________________________________________________________
__
_____________________________________________________________________________
__
_________ .”
With due respect to the decision of this Honorable Court, the MOVANT
vehemently denied that because of his/her inaction or for lack of interest to
prosecute this case every time there was a scheduled hearing, this Honorable
Court ordered the provisional dismissal of the case.
The Movant has no intention to defy any court order, moreso in this
particular case as it is his/her primary duty and responsibility to attend any
court hearing as a prosecution witness; The truth and in fact is that the MOVANT
or his Office/Unit did not receive any subpoena/notice of hearing nor he/she
was informed of the scheduled hearings in this particular case;
To further stress out point, the MOVANT and his/her witnesses were
not likewise given a chance to testify and to be heard of their version;
WHEREFORE, in view of the foregoing, it is most respectfully prayed

before this Honorable Court that the DECISION in this entitled case be set aside
and that the same be revived immediately. Further, the MOVANT prays for such
relief and remedies just and equitable under the premises.
_______________________, Philippines, ___________________, 200__.
__________________
Movant
VERIFICATION
That ___________________________ , of legal age, married, Filipino, member

of the Philippine National Police and a resident of
_______________________________,after having been duly sworn to in accordance
with law, do hereby deposes and states:
That I am the MOVANT in the above-entitled case; that I have caused the
preparation of the foregoing MOTION; that I have read and understood the same;
and that the facts stated therein are true and correct to the best of my
knowledgeand belief.
____________________
Movant
SUBSCRIBED AND SWORN TO before me this __________ of

________________ at __________________________________.
_______________________
CERTIFICATION
I HEREBY CERTIFY THAT I have personally examined the affiant under

oath and that I am fully satisfied and he/she voluntarily executed and
understood his/her statement.
____________________

Action 4 Collection of Money

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Republic of the Philippines

ARNEL G CAPUNO CIVIL CASE NO.: __________

Sps. Marcelino Empaynado Jr and

COMES NOW the plaintiff, and to this Honorable Court, respectfully

That said money now overdue, as evidence by promissory note signed by

“ I, MARCELINO EMPAYNADO JR & ANALIE EMPAYNADO, both of legal

WHEREFORE, it is respectfully prayed that judgment be rendered

September __, 2008, City of Caloocan, Philippines

I, Arnel G Capuno, subscribing under oath, hereby deposes and states

I certify that I have not commenced any other action or proceeding

SUBSCRIBED AND SWORN TO before me this ___ day of September

MARCELINO EMPAYNADO JR &

ARNEL G CAPUNO CRIMINAL CASE NO.: __________

Sps. Marcelino Empaynado Jr and

COMES NOW, the undersigned complainant a resident of No.83-B Alvarez

WHEREFORE, in view of the foregoing, it is most respectfully prayed

That ___________________________ , of legal age, married, Filipino, member

SUBSCRIBED AND SWORN TO before me this __________ of

I HEREBY CERTIFY THAT I have personally examined the affiant under

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