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Republic of the Philippines
METROPOLITAN TRIAL COURT
National Capital Judicial Region Branch 1 City of Manila
MICHAEL MAKATA Plaintiff CIVIL CASE NO. 14324 -versus- For: Collection of a Sum of Money with Damages DANIEL DATINGGAWA and HUNGRY CHAN RESTAURANT (HCR)
PLAINTIFF, thru the undersigned Counsel, unto this Honorable
Court, respectfully alleges:
1. That Plaintiff Michael Makata is of legal age, Filipino,
single, a resident of No. 153 Rose Drive, Fairview Park, Fairview, Quezon City, Philippines;
2. That Defendant, Daniel Datinggawa, is likewise of legal
age, Filipino, single, owner of Hungry Chan Restaurant (HCR) with address at 31-M Maharlika Street, The Gold Bar Building, Tondo, Manila, Metro Manila, Philippines, where summons and court processes may be served;
3. That Defendant, Hungry Chan Restaurant (hereinafter
“HCR”) is a domestic corporation duly recognized and existing under Philippine laws with address at 31-M Maharlika Street, The Gold Bar Building, Tondo, Manila, Metro Manila, Philippines per last General Information Sheet filed with the Securities and Exchange Commission where summons and court processes may also be served;
Page 1 of 5 4. That on February 7, 2021, the Defendant, Daniel, borrowed a sum of money from the Plaintiff amounting to Three Hundred and Fifteen Thousand Pesos (PhP 315,000.00), and made an undertaking that a Promissory Note in favor of Plaintiff shall be executed to secure the former's creditor position as owner of HCR, and as a security of the loan. This promissory note is to be the joint obligation of HCR and the Defendant;
5. That in recognition of Defendant's HCR obligation in favor
of the Plaintiff, the former executed a Promissory Note in favor of the Plaintiff on February 7, 2021, a copy of the promissory note is hereto attached as Annex "A";
6. That as shown in the promissory note, the obligation was
to become due and demandable one year from its execution and said obligation is also to be interest-bearing at 25% per annum;
7. That after the lapse of one year from its execution, no
payment was made to the Plaintiff;
8. That Plaintiff sent separate letters to the Defendants
containing the demand for the payment of its obligation, copies of which are hereto attached as Annex "B";
9. That notwithstanding Plaintiff's repeated demands, both
written and verbal, Defendants failed, neglected and refused to fulfill its obligations without just and valid grounds to the continued damage and prejudice of plaintiff, leaving no other recourse but to litigate and file this action;
10. That Defendants have, as of this date, defaulted in the
payment of an aggregate amount of Four Hundred Seventy Two Thousand Five Hundred (PhP 472,500.00);
11. That the Plaintiff in order to enforce his rights and
interests, has sought the services of a legal counsel with attorney's fees amounting to Fifty Thousand Pesos (PhP 50,000.00) and an appearance fee of Five Thousand Pesos (PhP 5,000.00) per hearing;
12. That the plaintiff has paid for litigation expenses
amounting already to Eighty Five Thousand Pesos (PhP 85,000.00);
13. That by reason of defendant's 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 Page 2 of 5 Fifty Thousand (PhP 50,000.00);
14. That by reason of defendant's violation and disregard
of Plaintiff's rights, the award of exemplary damages in the amount of Fifty Thousand (PhP 50,000.00) is likewise warrant to serve as a deterrent to the commission by the defendants and to others similarly-minded of similar acts in the future.
DOCUMENTARY EVIDENCE
15. Plaintiff intends to present the following documentary
exhibits to prove his claim:
A. Promissory Note dated February 7, 2021;
B. Final Demand Letter dated February 16, 2022; C. Contract for Legal Services; D. Official Receipt.
WITNESSES
16. Plaintiff intends to present the following witnesses to his
cause:
A. Michael D. Makata (Plaintiff) – to testify on the fact of
the loan, the signing of the promissory note, the amount currently due, and the non-payment of the amount by the defendant; B. Herbert H. Osgado of Fairview, Quezon City – to testify on the signing of the promissory note dated February 7, 2021; C. Teresa T. Estigo of Fairview, Quezon City – to corroborate the testimony of the plaintiff and witness Herbert H. Osgado;
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 THREE HUNDRED AND FIFTEEN
THOUSAND PESOS (P315,000.00) representing the unpaid principal obligation as evidenced by the Promissory Note duly executed dated February 7, 2021; Page 3 of 5 2. The amount of ONE HUNDRED FIFTY SEVEN THOUSAND FIVE HUNDRED (P157,500.00) representing the interest of 25% per annum as evidenced also by the Promissory Note duly executed dated February 7, 2021;
3. The amount of FIFTY THOUSAND PESOS
(P50,000.00) as and by way of moral damages;
4. The amount of FIFTY THOUSAND PESOS
(P50,000.00) as and by way of exemplary damages;
5. Litigation Expenses amounting to EIGHTY FIVE
THOUSAND PESOS (P85,000.00)
Other reliefs just and equitable under the premises are likewise prayed for.
Manila, December 11, 2023
EFREN JOSEPH PADUA
Counsel for the Plaintiff Padua Law Office, RM 1, 2nd flr. Amigable Bldg., Rose Lane, Fairview, Quezon City Roll of Attorneys No. 134236 IBP No. 02353, 01/ 5/2019, Quezon City PTR No. 321654, 01/7/2019, Quezon City MCLE Compliance No. V-65432, 01/15/2019 Mobile No. +639164060994 ejpadualaw@gmail.com
Page 4 of 5 VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING
I, MICHAEL MAKATA, FILIPINO, a resident of No. 153 Rose
Drive, Fairview Park, Fairview, Quezon City, Philippines after having been duly sworn in 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 11th day of
December, 2023 at Fairview, Quezon City, Metro Manila, Philippines.
MICHAEL MAKATA Plaintiff
SUBSCRIBED AND SWORN TO before me this 11th day of
December, 2023 at Fairview, Quezon City, Philippines affiant having exhibited to me his Driver's License with No. 14307352 issued on 01- 08-19 at Quezon City.
Doc. No. 3 ; EFREN JOSEPH PADUA
Page No. 4 ; Padua Law Office, RM 201, Amigable Bldg., Rose Lane, Fairview, Quezon City, Philippines Book No. 36 ; Roll of Attorneys No. 134236 IBP No. 02353, 01/ 5/2019, Quezon City Series of 2023. PTR No. 321654, 01/7/2019, Quezon City MCLE Compliance No. V-65432, 01/15/2019 Mobile No. +639164060994 ejpadualaw@gmail.com
