REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch XX
KATHRYN X. BERNARDO, CIVIL CASE No.
XXXXX
Plaintiff, FOR: Collection for a sum
of money.
- versus -
DANIEL Z. PADILLA,
Defendant.
x -----------------------x
COMPLAINT
Plaintiff, through the undersigned counsel unto this
Honorable Court, hereby respectfully avers:
1. That plaintiff is of legal age, Filipino, married, and a
resident of 950 T2, Sun Residences, Espana Blvd., Manila
City, Philippines while the defendant is also of legal age,
married, Filipino and a resident of 3481 Magistrado Villamor,
Sta. Mesa, Manila City, Philippines where summons and court
processes may be served;
2. That on January 30, 2017, the defendant borrowed
from the plaintiff a sum of money amounting to One Million
Pesos (PhP1,000,000.00) with an agreed interest of five
percent (5%) per annum as evidenced by a promissory note
herein attached as Annex “A” and form an integral part of
this complaint;
3. That as shown in the attached promissory note, the
indebtedness of the defendant has become due and
demandable on January 30, 2018;
4. That despite plaintiff's repeated demands, both
written and verbal, defendant failed, neglected and refused
to fulfill obligations without just and valid grounds to the
continued damage and prejudice of plaintiff, as evidenced by
Annexes “B-1” and “B-2” – Demand Letters;
5. 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 One Hundred Thousand Pesos
(PhP 100,000.00) and an appearance fee of Two Thousand
Pesos (PhP 2,000.00) per hearing as evidenced by Annex “C”
– Contract for Legal Services;
6. That the plaintiff has paid for litigation expenses
amounting to Twenty Thousand Pesos (PhP 20,000.00) as
evidenced by Annex “D” – Official Receipt;
7. That the plaintiff has suffered moral damages at the
sum discretion of the Honorable Court;
WHEREFORE, premises considered, it is hereby
respectfully prayed before the Honorable Court to render
decision in favor of the plaintiff and order the defendant to
pay the following:
a. the sum of One Million Pesos (PhP 1,000,000.00)
plus interest at the rate of five percent (5%) per
month as stipulated in the promissory note;
b. moral damages, exemplary damages at the sum
discretion of the court;
c. attorney’s fees amounting to One Hundred Thousand
Pesos (PhP 100,000.00) and an appearance fee of
Two Thousand Pesos (PhP 2,000.00) per hearing
d. litigation expenses amounting to Twenty Thousand
Pesos (PhP 20,000.00).
Other reliefs and remedies deemed just and equitable
under the foregoing premises are likewise prayed for.
City of Manila, December 10, 2018.
ATTY. ROCKY JOHN M. TAYABAN
Counsel for Petitioner
DC Law, 2A Pioneer Highlands South,
Mandaluyong City, Philippines
Roll of Attorneys No. XXXXX
PTR NO. XXXXXX, 01/06/17, Manila City
IBP NO. 123456, 01/04/17, Manila City
MCLE Comp. No. IV-0009876, 01/02/17
REPUBLIC OF THE PHILIPPINES)
MANILA PHILIPPINES) S.S.
x -----------------------x
VERIFICATION AND CERTIFICATION
I, KATHRYN BERNARDO, of legal age, Filipino,
married, and a resident of 950 T2, Sun Residences, Espana
Blvd., Manila City, Philippines, 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 own 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; 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
report 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 10th day of December 2018 at Manila City, Philippines.
KATHRYN X.
BERNARDO
Affiant
TIN XXXXX-XXX;
Manila City
SUBSCRIBED AND SWORN to before me, this 10th day
of December 2018, affiant exhibiting to me his Tax
Identification Card as shown above below his name as
competent evidence of his identity.
ATTY. ROCKY JOHN M. TAYABAN
Counsel for Petitioner
DC Law Office, 2A Pioneer Highlands
South, Mandaluyong City, Philippines
Roll of Attorneys No. XXXXX
PTR NO. XXXXXX, 01/06/17, Manila
City
IBP NO. 123456, 01/04/17, Manila City
MCLE Comp. No. IV-0009876,
01/02/17
Doc. No. 5;
Page No. 2;
Book No. 1;
Series of 2019;
ANNEX “A”
PROMISSORY NOTE
FOR: PhP 1,000,000.00
DATE: January 30, 2017
FOR VALUE RECEIVED, I promise to pay to the order of
KATHRYN X. BERNARDO, the sum of ONE MILLION PESOS
(PhP 1,000,000.00) Philippine Currency, with a five percent
(5%) interest per annum, on or before January 30, 2018, at
her address in 950 T2, Sun Residences, Espana Blvd., Manila
City, Philippines.
DANIEL Z. PADILLA
(Borrower)
Witnesses:
NADINE A. LUSTRE JAMES B. REID
TIN XXXXX-XXX; Manila TIN XXXXX-XXX; Pasay
City City
ANNEX “B-1”
June 30, 2018
DANIEL Z. PADILLA
Manager - XYZ Corporation
3481 Magistrado Villamor,
Sta. Mesa, Manila City, Philippines
Dear Mr. Padilla,
SUBJECT: Demand Letter
I am writing in reference to your outstanding loan of One
Million Pesos (1,000,000.00 PhP) with a total interest of fifty
thousand pesos (50,000.00 Php) or five percent (5%) of the
principal. It was due on January 30, 2018 but no payment has
been received.
I demand full payment of the outstanding amount including the
interest on or before March 30, 2019.
KATHRYN X. BERNARDO
Creditor
ANNEX “B-2”
DC LAW
2A Pioneer Highlands South,
Mandaluyong City, Philippines
DEMAND LETTER
November 30, 2018
MR. DANIEL Z. PADILLA
3481 Magistrado Villamor,
Sta. Mesa, Manila City, Philippines
Dear Sir:
Our client KATHRYN X. BERNARDO has referred to us her
case as regards to your indebtedness amounting to One
million Pesos (Php. 1,000,000.00) bearing an annual interest
of five percent (5%) or fifty thousand pesos (PhP 50,000.00).
Please be reminded that your promissory note has become due
and demandable on January 30, 2018 and a demand letter
was sent to you on June 30, 2018.
Kindly make necessary payments to our client on or before
4:00PM on January 30, 2019.
Your refusal to accede to this second and final demand letter
will prompt the undersigned to seek recourse before the courts
of law.
Please give this matter your utmost and preferable attention.
ATTY. ROCKY JOHN M. TAYABAN
Lawyer for the Creditor
ANNEX “C”
Contractual Agreement
for Legal Services
BETWEEN
KATHRYN BERNARDO
- and -
DC LAW
ANNEX “D”
OFFICIAL RECEIPTS
PAYMENT OF 20,000.00 AS
LITIGATION EXPENSES
