REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
CITY OF
Branch _____
Mr. X
Plaintiff
- versus - CIVIL CASE NO. ________
For: Sum of Money with prayer
For the Issuance of Writ of
Preliminary Attachment
Mr. Y
Defendant
X ----------------------------------------- x
COMPLAINT
COMES NOW, the plaintiff, through counsel, and unto this Honorable
Court, most respectfully avers:
1. That the plaintiff is of legal age, Filipino citizen, with postal
address at _________________________________________;
2. That the defendant is of legal age, Filipino citizen, with postal
address at ____________________________, where he may be served
with summons and other processes by this Honorable Court;
3. That –
ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OF
PRELIMINARY ATTACHMENT
Plaintiff re-pleads all of the foregoing averments by way of reference
and insofar as they are relevant and material to its application for the
issuance of a writ of Preliminary Attachment;
4. A sufficient cause of action exists against the defendant;
5. The defendant is guilty of fraud in contracting and in the
performance of his obligation as manifested by the defendant, who
represented himself as financially capable of paying his obligation, when in
truth and in fact, he is not, and the fraudulent scheme became more
evident when despite demands, he failed and refused to settle without
justifiable grounds his just and demandable obligation;
6. There is no sufficient security for the claim sought to be
enforced by the present action;
7. The amount due to the plaintiff in the above-entitled case is
______, excluding legal fees and other charges as of to date for which
amount, an order of attachment is being sought above all legal
counterclaims against the defendant;
8. Plaintiff is ready and willing to give a bond to be fixed by this
Honorable Court, executed to the defendant, to answer for all costs which
may be adjudged to the latter, and all damages which the defendant may
sustain by reason of the attachment prayed for, if the court shall finally
adjudge that Plaintiff is not entitled thereto.
In support of the foregoing allegations, the Plaintiff has attached
hereto his affidavit.
WHEREFORE, premises considered, it is most respectfully prayed
unto this Honorable Court that, after hearing, judgment be rendered as
follows:
1. An order of attachment be immediately issued by this
Honorable Court, requiring the Sheriff to attach properties of the
defendants which are not exempt from execution or so much thereof as
may be sufficient to satisfy the Plaintiff’s demand which is in the total
amount of ___________; and after hearing;
2. Judgment be rendered ordering the defendant to pay the
Plaintiff _________, representing unpaid account, excluding legal fees and
other charges as of to date;
3. Ordering the defendants to pay the plaintiff the amount of
_____ as moral damages, and ______ as exemplary damages;
4. _________ by way of attorney’s fees, _______ as per
appearance fee, and costs of suit;
5. Ordering the defendants to pay the cost of suit.
6. And such other relief and remedies as may be deemed just and
equitable under the premises are likewise prayed for.
City of _____________, _________________, 2019.
By:
CZARINA LETECIA E. RUBICA
IBP No. ___________________
PTR No. __________________
Roll No. ___________________
VERIFICATION/CERTIFICATION AGAINST NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES)
City of )S.S.
I, _________________, of legal age, Filipino citizen, married, and a
resident of _________________________, after having been sworn to in
accordance with law do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing Complaint and
have read the allegations contained therein;
3. That the allegations in the said complaint are true and correct of my
own knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or
proceeding involving the same issues in the Supreme Court, Court of
Appeals, or any other tribunal or agency;
5. That if I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, Court of Appeals,
or any other tribunal or agency, I hereby undertake to report that fact
within five (5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated herein have
been filed;
6. I executed this verification/certification to attest to the truth of the
foregoing facts and to comply with the provisions of Adm. Circular No.
04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
___ day of ___________, in the City of _______________________.
____________________________________
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of
________________, in the City of __________________, affiant exhibiting
to me her __________________________ issued at
____________________ on _____________________.
Doc. No. _______
Page No. ______
Book No. ______
Series of ______.
REPUBLIC OF THE PHILIPPINES )
CITY OF )S.S.
AFFIDAVIT
I, ____________, Filipino, of legal age, and with office address/postal
address at _______________________, after having been duly sworn to in
accordance with law, do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have a good and sufficient cause of action against the
defendant;
3. That this action is one of those specifically mentioned in Sec. 1
of Rule 57 of the Rules of Court, namely that the Defendant was guilty of
fraud in contracting the debt or incurring the obligation upon which the
action is brought, as he convinced the plaintiff that he was financially
capable of paying his debt;
4. That the amount due to the Plaintiff in this case is __________,
excluding legal fees and other charges, above all legal counterclaims;
5. That there is no other sufficient security for the claim sought to
be enforced by the present action.
IN WITNESS WHEREOF, I have hereunto affixed by signature this
__________ day of __________, 2019, at ___________________.
__________________________
Affiant
SUBSCRIBED AND SWORN TO before me this ___ day of
___________, 2019, in the City of ______________________.
Notary Public
Doc No. ___;
Page No. ___;
Book No. ___;
Series of 2019.
