Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region Branch
Davao City
CAMILA DELA CUESTA Civil Case No. _____
Plaintiff. FOR: COLLECTION
FOR A SUM OF
- versus - MONEY
JUAN DELA CRUZ
Defendant.
x ---------------------------- x
COMPLAINT
Plaintiff, through the undersigned counsel, unto this Honorable Court,
hereby respectfully avers that:
1. Plaintiff CAMILA DELA CUESTA is of legal age, widowed, and a
resident of Ladislawa Village, Buhangin, Davao City while defendant
JUAN DELA CRUZ is likewise of legal age, single, and a resident of
Apokon, Tagum City;
2. On January 1, 2018, defendant borrowed from plaintiff the sum of
five hundred thousand pesos (P500,000), which indebtedness was to
be paid and to earn interest at the rate of 5% per month in accordance
with the terms of a promissory note which was executed by defendant
on the same date, which instrument is attached as “Annex A”;
3. The payment of said indebtedness is now overdue, and that plaintiff
sent repeated demands to the defendant as shown in multiple demand
letters attached as “Annex B”, “Annex C”, and “Annex D”; and
4. Defendant failed and refused, and still fails and refuses, to pay the
said obligation, and likewise failed to pay any interest due on the
aforementioned obligation.
PRAYER
WHEREFORE, it is respectfully prayed that judgment be issued in favor of
plaintiff and against defendant, ordering the latter:
1. To pay to plaintiff the sum of five hundred thousand pesos
(P500,000), plus interest thereon at the rate of 5% per month from
February 1, 2018 until complete payment is made;
2. To pay attorney’s fees and other costs of litigation;
3. Other equitable reliefs as may be deemed just.
Davao City, Philippines. August 29, 2019.
ATTY. KRISTIAN WELLER P. LICUP
Counsel for the Plaintiff
XYZ Law Office, XYZ Building
Arellano Street, Davao City
PTR No. 7777777
IBP OR No. 777777
Roll No. 7777
MCLE Cert. No. 7777777
+63 917 7042520
Bordge918@gmail.com
VERIFICATION AND CERTIFICATE
OF NON-FORUM SHOPPING
Republic of the Philippines)
City of Davao . . . . . . . . ..) S. S.
I, CAMILA DELA CUESTA, of legal age, residing at Ladislawa Village,
Davao City, after being sworn to in accordance with law, 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 for
collection of sum of money before the Honorable Regional Trial
Court;
3. That the facts stated in the above complaint are true and correct to the
best of my knowledge, belief and authentic records;
4. That I have not commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial agency and, to
the best of my knowledge, no such other action or claim is pending in
them; and
5. That if I should thereafter learn that the same or similar action or
claim has been filed or is pending, I shall promptly report that fact
within five (5) days from notice to the court or where the complaint or
initiatory pleading has been filed.
Davao City, Philippines. August 29, 2019.
CAMILA DELA CUESTA
Affiant
JURAT
SUBSCRIBED AND SWORN to before me this 29th day of August 2019 in
the city of Davao Philippines. Affiant exhibiting to me her Unified Multi-
Purpose ID 007-1234567-7 issued in Davao City on September 18, 2007,
bearing her photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.
ATTY. KRISTIAN WELLER P. LICUP
Notary Public
Commission Serial No. 77777
Until December 31, 2019
PTR No. 7777777
IBP OR No. 777777
Roll No. 7777
MCLE Cert. No. 7777777
+63 917 7042520
Bordge918@gmail.com
“Annex A”
Promissory Note
“For value received, I promise to pay Mrs. Camila dela Cuesta the sum of
five hundred thousand pesos (P500,000), on or before December 30, 2018,
plus interest at the rate of 5% per month.
Davao City, Philippines
January 1, 2018
Juan dela Cruz
“Annex B”
December 31, 2018
Door 5 Apokon Apartments
Apokon
Tagum City
Dear Juan dela Cruz,
This letter serves as a demand for payment from you of your loan, which has
now been due and demandable last December 30, 2018, amounting to the
sum of five hundred thousand pesos (P500,000) plus two hundred fifty
thousand pesos (P250,000) of accumulated monthly interest of 5% per
month since the date of loan which was January 1, 2018.
Sincerely,
Camila dela Cuesta
“Annex C”
January 4, 2019
Door 5 Apokon Apartments
Apokon
Tagum City
Dear Juan dela Cruz,
This letter serves as a demand for payment from you of your loan, which has
now been due and demandable last December 30, 2018, amounting to the
sum of five hundred thousand pesos (P500,000) plus two hundred fifty
thousand pesos (P250,000) of accumulated monthly interest of 5% per
month since the date of loan which was January 1, 2018.
Sincerely,
Camila dela Cuesta
“Annex D”
January 7, 2019
Door 5 Apokon Apartments
Apokon
Tagum City
Dear Juan dela Cruz,
This letter serves as a demand for payment from you of your loan, which has
now been due and demandable last December 30, 2018, amounting to the
sum of five hundred thousand pesos (P500,000) plus two hundred fifty
thousand pesos (P250,000) of accumulated monthly interest of 5% per
month since the date of loan which was January 1, 2018.
Sincerely,
Camila dela Cuesta
Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region Branch
Davao City
CAMILA DELA CUESTA Civil Case No. _____
Plaintiff. FOR: COLLECTION
FOR A SUM OF
- versus - MONEY
JUAN DELA CRUZ
Defendant.
x ---------------------------- x
ANSWER
COMES NOW, the defendant by undersigned Counsel and in answer
to plaintiff’s complaint in the above- entitled case, respectfully allege that:
1. Defendant admits the averments in paragraphs 1 and 2 of the
complaint;
2. Defendant specifically admit the allegation in paragraph 3 that
repeated demands were made by the plaintiff; and
3. Defendant specifically denies the allegation in paragraph 4 of the
complaint, the truth being that, defendant had already paid the said
indebtedness to the plaintiff, along with the specified interests on
January 12, 2019, which can be testified by a witness.
AFFIRMATIVE DEFENSES
Having answered the Complaint, the Defendant, JUAN DELA CRUZ,
asserts the following enumerated Affirmative Defenses.
1. Payment of the obligation, along with interest, was already paid by
the defendant on January 12, 2019 to be testified by witness
Ricardo Tunay, of legal age, single, and a resident of Ladislawa
Village, Buhangin, Davao City;
2. Plaintiff did not issue a receipt of payment and defendant, in good
faith and due to his trust of the plaintiff, considered the obligation
fulfilled due to circumstances of payment already made; and
3. No act or omission on the part of Defendant either caused or
contributed to whatever injury (if any) the Plaintiff may have
sustained.
COUNTERCLAIM
Defendant, JUAN DELA CRUZ, allege;
1. The plaintiff maliciously and fraudulently filed a complaint for an
obligation already fulfilled by the defendant;
2. That by virtue of this scandalous and malicious acts by the
Plaintiff, Defendant was wrongfully shamed and his reputation
was damaged; and
3. That by virtue of this unwarranted and malicious act initiated by
the Plaintiff, Defendant were forced to engage counsel in the sum
of Ten Thousand Pesos (10,000.00)
WHEREFORE, it is respectfully prayed that the complaint be
dismissed and defendant be awarded the amount of Twenty Thousand Pesos
(20,000.00) for moral damages and cost of litigation.
Other just and equitable reliefs are likewise prayed for.
Apokon, Tagum City - September 4, 2019
ATTY. Watcha Ma Callit
Callit Law Office Building
Apokon, Tagum City
Attorney’s Roll No. 1234124
IBP No. 1231421, Tagum 1-2345
PTR No.1231541, Tagum City, 1-21-13
MCLE Compliance No. 1110016263, 05-31-19
VERIFICATION/CERTIFICATION
I, JUAN DELA CRUZ, of legal age, Filipino Citizen and residing at
Apokon, Tagum City after first having duly sworn to in accordance with law
depose and say:
1. I am the defendant in the above- entitled case
2. I have caused the preparation of the foregoing pleading
3. The contents therein are true and correct to the best of my
personal knowledge and based on authentic documents and
witnesses.
4. We hereby certify that we have not commenced any action or
proceeding involving the same issue in any tribunal or agency,
to the best of our own knowledge, no such action or proceeding
is pending in any other tribunal or agency and should We
thereafter learn that a similar action or proceeding has been
filed or is pending in Court, we will undertake to report such
fact within five (5) days therefrom to the court wherein this
Petition and this certification have been filed.
IN WITNESS WHEREOF, I have hereunto affixed our signatures this
4th day of September in Apokon, Tagum City, Davao del Norte, Philippines.
JUAN DELA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 4 th day of
September 2019 in Apokon, Tagum City, Davao del Norte, Philippines.
ATTY. Watcha Ma Callit
Callit Law Office Building
Apokon, Tagum City
Attorney’s Roll No. 1234124
IBP No. 1231421, Tagum 1-2345
PTR No.1231541, Tagum City, 1-21-13
MCLE Compliance No. 1110016263, 05-31-19
Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region Branch
Davao City
CAMILA DELA CUESTA Civil Case No. _____
Plaintiff. FOR: COLLECTION
FOR A SUM OF
- versus - MONEY
JUAN DELA CRUZ
Defendant.
x ---------------------------- x
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial
Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Plaintiff is open to settling this dispute amicably, subject to a
concrete proposal that is fair and reasonable and a reciprocal manifestation
of openness from defendant,
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,
plaintiff respectfully submits that the desired terms of any amicable
settlement would involve, first, an admission of amount due and owing to
plaintiff and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1 Plaintiff claims that defendant failed to pay a loan amounting to
the sum of five hundred thousand pesos (P500,000), plus interest thereon at
the rate of 5% per month from February 1, 2018 until complete payment is
made.
2.2 Defendant raise as defenses that payment had already been made
without a document of receipt from the plaintiff but can be attested by a
witness.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Defendant admits only those facts stated in their Answer, i.e.,
their personal circumstances, the existence of the loan, and that
repeated demands were made by the plaintiff.
IV. ISSUES TO BE TRIED
4.1. Plaintiff submits that the following issues is subject to proof:
4.1.1. The obligation of the defendant had become due and
demandable, and that repeated demands were made by the plaintiff to
no avail.
4.2. Defendant submits that the following issues are subject to proof:
4.2.1. There was payment of the obligation by the defendant to
the plaintiff;
V. EVIDENCE
5.1. Plaintiff intends to present the following documentary
evidences:
5.1.1. The promissory note as proof of the loan.
5.1.2. The demand letters as proof of diligent efforts to collect
payment extrajudicially.
5.2. Defendant intends to present the following witness:
5.2.1. Ricardo Tunay, to attest that defendant paid the obligation,
along with interests, to the plaintiff.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, plaintiff does
not intend to avail of discovery at this time;
6.2. Subject, however, to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to discovery
before trial.
VII. AVAILABLE TRIAL DATES
October 3, 2019, October 10, 2019, October 17, 2019 and October 24,
2019.
RESPECTFULLY SUBMITTED.
Cagayan de Oro City. 24 September 2019.
ATTY. KRISTIAN WELLER P. LICUP
Counsel for the Plaintiff
Notary Public
Commission Serial No. 77777
Until December 31, 2019
PTR No. 7777777
IBP OR No. 777777
Roll No. 7777
MCLE Cert. No. 7777777
+63 917 7042520
Bordge918@gmail.com
Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region Branch
Davao City
CAMILA DELA CUESTA Civil Case No. _____
Plaintiff. FOR: COLLECTION
FOR A SUM OF
- versus - MONEY
JUAN DELA CRUZ
Defendant.
x ---------------------------- x
JUDICIAL AFFIDAVIT
OF CAMILA DELA CUESTA
This Judicial Affidavit of Camila dela Cuesta is executed to serve as her
direct testimony in the instant case.
I, CAMILA DELA CUESTA is of legal age, widowed, and a resident
of Ladislawa Village, Buhangin, Davao City, petitioner in this case, state
under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Kristian Weller Licup with
address at XYZ Law Office, XYZ Building, Arellano Street, Davao City.
The examination is being held at the same address. I am answering his
questions fully conscious that I do so under oath and may face criminal
liability for false testimony and perjury.
This affidavit/testimony of petitioner Camila dela Cuesta is being
offered to prove that the respondent Juan dela Cruz is indebted to plaintiff
the sum of five hundred thousand pesos (P500,000), plus interest thereon at
the rate of 5% per month from February 1, 2018 until complete payment is
made. The petitioner’s testimony is also offered to prove that defendant
unlawfully refused to pay the lawful demand of the plaintiff.
1. Q. Please state your name and other personal circumstances for the
record.
A. I am Camila dela Cuesta, 54 years old, widowed, and a resident of
Ladislawa Village, Buhangin, Davao City
2. Q. Are you the same Camila dela Cuesta, the petitioner in this case?
A. Yes, Sir.
3. Q. Do you know a certain Juan dela Cruz?
B. A. Yes, Sir.
4. Q. How do you know Mr. Juan dela Cruz?
A. He borrowed the sum of five hundred thousand pesos (P500,000)
from me.
5. Q. Does this have interest?
A. Yes, sir. At the rate of 5% per month from February 1, 2018 until
complete payment is made.
6. Q. When did this transaction happen?
A. On January 1, 2018.
7. Q. Do you have any proof of this transaction?
A. Yes, sir. He executed a promissory note (“Exhibit A”) where he
stated he will pay on or before December 30, 2018.
8. Q. Did Mr. Juan dela Cruz pay such loan on or before December 30,
2018?
A. No, sir.
9. Q. What did you do then?
A. I sent him several demand letters (“Exhibits B, C, and D) to
collect his debt.
10. Q. Did Mr. Juan dela Cruz pay such loan after such demands?
A. No, sir. There is no payment until now.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of
September 2019.
2014 at Tuguegarao City.
Camila dela Cuesta
Affiant
Affiant
JURAT
SUBSCRIBED AND SWORN to before me this 18th day of September
2019 in the city of Davao Philippines. Affiant exhibiting to me her Unified
Multi-Purpose ID 007-1234567-7 issued in Davao City on September 18,
2007, bearing her photograph and signature, known to me as the same
person who personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents of said
instrument.
ATTY. KRISTIAN WELLER P. LICUP
Notary Public
Commission Serial No. 77777
Until December 31, 2019
PTR No. 7777777
IBP OR No. 777777
Roll No. 7777
MCLE Cert. No. 7777777
+63 917 7042520
Bordge918@gmail.com
1. Q. Please state your name and other personal circumstances for the
record.
