Republic of the Philippines
MUNICIPAL TRIAL COURT
Sixth Judicial Region
Iloilo City
Albert T. Rodriguez,
Plaintiff,
CIVIL CASE NO.
-versus- FOR COLLECTION OF SUM
OF MONEY with DAMAGES
Carlos R. Calinog,
Defendant.
x------------------------------------------------x
COMPLAINT
COMES NOW THE plaintiff, through undersigned counsel and
to this Most Honorable Court, respectfully avers THAT:
1. Plaintiff Albert T. Rodriguez is of legal age, married, and a
resident of Modern Homes Subdivision, Brgy. Tabuc Suba,
Jaro, Iloilo City where he may also be served with all orders,
notices and other processes of this Honorable Court or that
of the office address of undersigned counsel indicated
below;
2. Defendant Carlos R. Calinog is also of legal age, married
and a resident of Bankers village, Brgy Tabuc Suba, Jaro,
Iloilo City where he may be served with summons and
processes of the Court;
3. Sometime on April 16, 2020, Defendant obtained and was
granted a loan by the Plaintiff in the principal amount of
TWO HUNDRED THOUSAND PESOS ( 250,000),
Philippine Currency. A true and faithful machine
reproduction of the Promissory Note made by the defendant
is hereto attached as ANNEX "A" and made an integral part
hereof;
4. As of June 2020, Defendant still has an Outstanding Balance
amounting to ONE HUNDRED TWENTY FIVE
THOUSAND PESOS ( 125,000) Philippine Currency,
and has failed and neglected to pay, without just and valid
grounds, the said Outstanding Balance for the
aforementioned loan;
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5. Despite Plaintiff's repeated demands, both written and oral,
Defendant failed, neglected and refused, and continues to
fail and refuse to pay and to settle the said Outstanding
Balance, without just and valid grounds, to the continued
damage and prejudice of Plaintiff. A true and faithful
machine reproduction of the Plaintiff's demand letters to
defendant dated July 28, 2020; August 28, 2020 and
September 5, 2020 hereto attached as ANNEXES "B", "C"
AND "D" respectively and made an integral part hereof;
6. Plaintiff likewise initiated proceedings before the Lupong
Tagapamayapa of Brgy. Tabuc Suba, Jaro, Iloilo City,
however, defendant failed to appear during the scheduled
mediation proceedings despite proper notice, prompting the
Lupong Tagapamayapa to issue a Certificate to File Action.
A copy of the Certificate to File Action are hereto attached
as ANNEXES "E" and was made an integral part hereof;
7. Consequently, in order to protect the interests and livelihood
of herein Plaintiff, the latter was forced to engage the
services of counsel and thus incurred Attorney's Fees in the
amount of FIFTEEN THOUSAND PESOS ( 15,000),
Philippine Currency and litigation expenses in the amount of
FIVE THOUSAND PESOS ( 5,000), Philippine
Currency.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of the Honorable Court that judgment be rendered in favor of the
plaintiff:
1. Ordering the Defendant to pay the Plaintiff the following
sums:
a. The amount of ONE HUNDRED TWENTY FIVE
THOUSAND PESOS ( 125,000), Philippine
Currency, representing Defendant's Outstanding
Balance, plus interest at the rate of two percent (2%)
per month as stipulated in the Promissory Note;
b. FIFTEEN THOUSAND PESOS ( 15,000),
Philippine Currency as Attorney's Fees;
c. Two percent (2%) of the total amount due as
Collection Charges/Liquidated Damages;
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d. The cost of the suit.
2. Plaintiff likewise prays for other reliefs deemed just and
equitable in the premises are similarly prayed for.
Iloilo City, Philippines. 12th October 2020.
ATTY. LOVELY ANGEL URBANO LAI
Counsel for Plaintiff
Roll No. 0000
IBP No. 000 Lifetime
PTR No. xx - 1/2/20 Iloilo
MCLE Compliance IV No. Ix021xxxxxxx
Issued on October 12, 2020
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF ILOILO) S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING
I, Albert T. Rodriguez, of legal age, after having been duly sworn,
deposes and states that:
1. I am the plaintiff in the above stated case;
2. I have caused the preparation of the said complaint for collection
of sum of money with damages;
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 the
documents and records in my possession;
4. I have not commenced any other action or proceeding involving
the same issues in the any tribunal, agency or body;
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5. To the best of my knowledge and belief, no such action or
proceeding is pending before any tribunal, agency or body;
6. If I should thereafter learn that a similar action has been filed
before any tribunal, agency or body, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.
Executed this 12th day of October 2020 at Iloilo City,
Philippines.
Albert T. Rodriguez
Affiant
T.I.N. 216-777-222, Iloilo City
SUBSCRIBED AND SWORN to before me, this 12th day of January
2015, affiant exhibiting to me his Tax Identification Card as shown above
below her name as competent evidence of his identity.
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