Republic Of The Philippines
REGIONAL TRIAL COURT
BRANCH 59, Angeles City, Pampanga
Gian Vincenz P. Solis,
Plaintiff, Civil Case No. 1229
- versus – For: Ejectment
Lincoln C. Velasquez,
Defendant.
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
The Parties
1. Plaintiff is a Filipino, of legal age, single, and residing at, 1234 Burgos St.
Camalig, Dau, Mabalact City, Pampanga;
2. Defendant is likewise a Filipino, of legal age, married and residing at 123
San Francisco, McArthur Highway, Mabalacat City at which addresses the
parties herein may be served with summons and other court processes.
The Facts
3. Sometime in January 3, 2019, defendant borrowed from plaintiff the
amount of Five Million Pesos (P 5,000,000.00), which indebtedness is due
and payable on or before January 3, 2022, with an interest at the rate of
13% per annum, in accordance with the promissory note executed by the
defendant on the said date;
4. Despite repeated demands, both oral and written, defendant failed or has
refused to pay any amount to plaintiff as no installment payment has ever
been made. A copy of each of plaintiff’s two (2) demand letters is attached as
ANNEX “A” and “B” and made an integral part of this complaint,
respectively;
5. Resort to the Barangay Conciliation process proved fruitless as defendant
failed to appear despite notice on him to appear. Thus, a Certification to File
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Action, a copy of which is attached as ANNEX “C” and made an integral part
of this complaint, was issued by the Barangay Chairman;
6. Defendant's obligation is due and demandable and plaintiff is entitled to
the payment of the entire amount of Five Million Pesos (P5,000,000.00) plus
legal interests;
7. Because of defendant’s unjustified refusal to pay the loaned amount despite
repeated demands to do so, the plaintiff was compelled to litigate, and for
the purpose, engaged the services of the undersigned law firm for a fee of
One Hundred Thousand Pesos (P100,000.00) for which the defendants
should be held liable, including the costs of suit.
Prayer
WHEREFORE, it is respectfully prayed that judgment be rendered in
favor of the plaintiff and against the defendant, ordering the latter, as
follows:
1. ordering the defendant to pay plaintiff the amount of Five Million
Pesos (P 5,000,000.00), plus interest thereon at the rate of 13% per
annum from January 3, 2019, and until the same is fully paid; and
2. ordering the defendant to pay plaintiff the amount of of One Hundred
Thousand Pesos (P100,000.00) for Attorney's fees.
Plaintiff prays for such other and further reliefs as may be deemed just and
equitable in the premises.
Mabalacat City, April 1, 2022
Atty. Ena Macale
Counsel for Plaintiff
6th floor, Pineda Business Bldg., Macale City
Roll of Attorney No. 968542
PTR NO. 98527462, 01/06/22, Angeles City
IBP O.R. No. 23655‐01; Angeles City; Nov 05,
2018
MCLE Comp. No. VI-0003542, 01/02/2019
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REPUBLIC OF THE PHILIPPINES)
CITY OF ANGELES) SS.
x------------------------------------x
VERIFICATION AND CERTIFICATION
I, Gian Vincenz P. Solis, of legal age, Filipino, single and resident of 1234
Burgos St. Camalig, Dau, Mabalact City, Pampanga, after being sworn in
accordance with law, hereby depose and say:
1. That I am the Plaintiff in the above-entitled case;
2. That I have caused the preparation of the above Complaint and I have
read the same and understood the contents thereof;
3. That the allegations contained therein are true and correct of my
personal knowledge and based on authentic records.
4. That I further certify that: I have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues
or matter in any court, tribunal, or quasi-judicial agency and, to the
best of my knowledge, no such action or proceeding is pending
therein;
5. That if I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to repost such fact within five (5) days therefrom to the
court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 st day of
April 2022 at Angeles City.
________________________
Gian Vincenz P. Solis
Affiant
SUBCRIBED AND SWORN to before me in the City of Mabalacat this 1 st day
of March 2022 by Gian Vincenz P. Solis, who has satisfactorily proven to me
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his identity through his Philippine passport X54321789Y valid until May 25,
2024, that he is the same person who personally signed before me the
foregoing affidavit and acknowledged that he executed the same.
Atty. Ena Macale
Counsel for Plaintiff
6th floor, Pineda Business Bldg., Macale City
Roll of Attorney No. 968542
PTR NO. 98527462, 01/06/22, Angeles City
IBP O.R. No. 23655‐01; Angeles City; Nov 05,
2018
MCLE Comp. No. VI-0003542, 01/02/2019
Doc. No. 34;
Page No. 55;
Book No. 8;
Series of 2022.
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