Republic of the Philippines
REGIONAL TRIAL COURT
Sixth (6th) Judicial Region
BRANCH 68
Iloilo City
Patrick Nunez,
Plaintiff, Civil Case No. 1423-2024
For: COLLECTION
FOR A SUM OF
MONEY WITH
-versus- DAMAGES
Edgar Cuadras
Defendant.
X---------------------------------X
COMPLAINT
COMES NOW, Plaintiff, through counsel, and before this Honorable
Court, respectfully alleges:
1. That the Plaintiff is a Filipino, single, of legal age, and a resident
of Kalibo, Aklan, Philippines;
2. That the Defendant is a Filipino, married, of legal age, and a
resident of Sapian, Capiz, Philippines, where he may be served
with summons.
3. The Defendant is engage in the business of Rice Trading In
Iloilo City.
4. The Defendant borrowed a sum of money from the appellant
worth Php3,000,000.00 for his capital in his business of Rice
Trading.
5. On July 1, 2020 the Plaintiff and the Defendant entered into an
agreement by a promissory note which both of them executed
with the presence of the Honorable Mayor of Kalibo Aklan,
Hon. Buris Bautista Jucro and one Joel Buendia, mayor’s
secretary.
6. It was stated on the promissory note executed by the Plaintiff
and the Defendant, that the maturity date of the payment would
be on June 30, 2021.
7. That it was stated on the promissory note if case arises the venue
would be at Iloilo City, Philippines.
8. When the agreement on the promissory note became due, the
Plaintiff asked for the payment, and the Defendant defaulted by
not paying him as promised.
9. The Defendant denied the demand on the promissory note as he
allege that they had a verbal agreement before it was due.
10.The Defendant asserted that he will only fulfill the monetary
obligation when his financial situations warrants it. This
statement contradicts the terms outlined in the signed agreement
between both parties.
11.That the plaintiff sent a demand letter to the defendant, and had
no response was made of it.
12. As of the present the Defendant is liable to the Appellant for the
unpaid debt by a sum of money worth Php3,000,000.
13. The Plaintiff has therefore no other recourse but to seek judicial
relief. The prospects or possibility of the Defendant to pay and
assume his obligations is a remote possibility, if not a hopeless
expectancy.
14. The Plaintiff was constraint to engage in the services of a legal
counsel to protect its rights to an agreed professional fee of
Php180,000 as an acceptance fee and an appearance fee of
P8,000 per hearing, which the Defendant should be held liable.
15. The Defendant should also be liable for the all the cost and
expenses of litigation.
EVIDENCE FOR THE PLAINTIFF
16. The Plaintiff shall be presenting the following evidence:
Exhibit “A”- Promissory note entered on July 1, 2020.
Exhibit “B”-Demand Letter given to the defendant and
received on July 1, 2021
Exhibit “C” - Birth Certificate of the Plaintiff.
Exhibit “D” -Testimonial Evidence of one (1) Hon. Buris
Bautista Jucro.
Exhibit “E” - Testimonial Evidence of one (1) Joel Buendia.
17.The Plaintiff also respectfully reserves the right to submit
further testimonial and documentary evidence.
WITNESS
1. That on July 1, 2020 the Appellant and the Defendant signed
to an agreement by a promissory note acknowledge by the
Mayor of Kalibo, Aklan Hon. Buris Baustista Jucro and with
the latter’s secretary Joel Buendia.
2. It was acknowledged by Hon. Buris Baustista Jucro, together
with his secretary Joel Buendia, on the agreement executed
by the Appelant and the Defendant.
3. That Hon. BurIs Baustista Jucro and Joel Buendia, witness
for the prosecution are willing to testify on this court.
WHEREFORE, premises considered, the plaintiff most respectfully prays
that, after due trial, this Honorable Court renders a judgement on the
defendant to be liable for:
1. The Principal amount of Php3,000,000 corresponding to the due
payment;
2. Attorney’s fee consisting of acceptance fee of Php180,000 plus an
appearance fee of P8,000 per hearing.
3. All cost and expenses of litigation.
Plaintiff further prays for such other relief and remedies as may be
deemed just and equitable under the premises.
Iloilo City, October 23, 2024.
DOLORFINO LAW OFFICE
Luis Hervas Bldg. 57
Ledesma St., Iloilo City, Iloilo
Telephone Number: (33) 320-0000
Email Address: pandoraelites@gmail.com
By:
STEPHEN IAN G DOLORFINO
PTR No. 00000
IBP Membership Number 00000
Roll No. 000000
MCLE Compliance No. (New Lawyer)
Telephone Number: (33) 320-0000
