Republic of the PhilippinesMUNICIPAL TRIAL COURT8TH Judicial RegionTacloban City AB, Plaintiff,CIVIL CASE NO. 2014-1 -versus- FOR COLLECTION OF SUM OF MONEY with DAMAGESCC,Defendant.

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COMPLAINT

COMES NOW THE plaintiff, through undersigned counsel and to this Most Honorable Court, respectfully avers THAT:

1. Plaintiff AB is of legal age, married, and a resident of Brgy. Lipay, Tacloban 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 CC is also of legal age, married and a resident of Brgy. Luya, Tacloban City where he may be served with summons and processes of the Court;

3. Sometime on June 16, 2014, Defendant obtained and was granted a loan by the Plaintiff in the principal amount of TWO HUNDRED FIFTY 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 October 2014, 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;

5. Despite Plaintiff's repeated demands, both written and verbal, 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 November 10, 2014; November 28, 2014 and December19, 2014 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. Luya, Tacloban 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 Notice of Hearing and the Certificate to File Action are hereto attached as ANNEXES "E" AND "F" and 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;

d. The cost of the suit.

2. Plaintiff likewise prays for other reliefs deemed just and equitable in the premises are similarly prayed for.

Tacloban City, Philippines. 12th January 2015.

C, L, E, P and Associates (C.L.E.P.)Law and Accounting OfficesCounsel for Plaintiff Suite 007, 2nd Floor, S&A Realty Building 221 Avenida Veteranos , Tacloban CityTel. No. (053) 321-5180/09399267777E-mail: clep.law@gmail.com

BY

ATTY. K.E.Counsel for Plaintiff Roll No. 5000IBP No. 011 LifetimePTR No. 70 - 1/2/14 LeyteMCLE Compliance IV No. 001234Issued on January 12, 2013

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, AB, 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;

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 January 2015 at Tacloban City, Leyte, Philippines.

AB Affiant T.I.N. 216-777-222, Tacloban 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.

ATTY. K.E.Counsel for Plaintiff Roll No. 5000IBP No. 011 LifetimePTR No. 70 - 1/2/14 LeyteMCLE Compliance IV No. 001234Issued on January 12, 2013

Doc. No. 1;Page No. 2;Book No. II;Series of 2015.