Republic of the Philippines
6TH JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 6
Kalibo, Aklan
EDGAR CUADRAS, represented in this
act by his representative, MERCEDES ICE
Plaintiff,
CIVIL CASE NO: 123461-A
FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
-versus-
PATRICK NUÑEZ and GINA NUÑEZ,
Defendants,
X- - - - - - - - - - - - - - - - - - - - - - X
COMPLAINT
Plaintiff, through the undersigned counsel, unto this Honorable
Court, most respectfully avers that:
1. The Plaintiff is a Filipino Citizen, single, and a resident of Kalibo,
Aklan and he is duly represented by Mercedes Ice, likewise a
Filipino, single and a resident of Poblacion, Kalibo, Aklan, where
she may be served with summons and other processes of this
Honorable Court;
Copy of the Special Power of Attorney is attached as ANNEX
“A”
2. Defendant is of legal age, married to Gina Nuñez, Filipino
citizen, and a resident of Sapian, Capiz, Philippines where he
can be served with summons and court processes of this
Honorable Court;
3. On July 1, 2020, the defendant approached the Plaintiff to
borrow Three Million Pesos (PhP3,000,000) to augment his
capital for his rice trading business secured by a Promissory
Note (PN) with certain terms and conditions.
Machine copy of the PN is attached as ANNEX “B”.
4. It was agreed by both parties that the loan shall be due and
demandable and shall be paid on June 30, 2021.
5. The Plaintiff, on July 1, 2021, made a demand for the Defendant
to settle her obligations but then the Defendant only made
promise to pay but was not able to fulfil them.
6. On many occasions plaintiff made several verbal demands to
the defendant, and that he will only pay when his financial
situation warrants.
7. Pushed to his limits, the plaintiff sent a demand letter to the
Defendant. However, the same was also ignored by the latter.
A copy of the final demand letter is hereto as Annex “D”.
8. Notwithstanding the Plaintiff’s repeated demands, the
Defendant failed and refused and still fails and refuses to heed
to the former’s just and valid demands, leaving the Plaintiff no
other recourse but to litigate and file this action.
9. Plaintiff’s claim is anchored on Article 1159 of the New Civil
Code of the Philippines which states that “Obligations arising
from contracts have the force of law between the
contracting parties and should be complied with in good
faith.”
10. Further as aptly held in Prisma Construction & Development
Corporation and Rogelio S. Pantaleon vs. Arthur F. Menchavez
“When the terms of a contract are clear and leave no doubt
as to the intention of the contracting parties, the literal
meaning of its stipulations governs. In such cases, courts
have no authority to alter the contract by construction or to
make a new contract for the parties; a courts duty is
confined to the interpretation of the contract the parties
made for themselves without regard to its wisdom or folly,
as the court cannot supply material stipulations or read
into the contract words the contract does not contain.” 1
11. Clearly, the defendant breached its contract when it failed to
settle the whole amount with the plaintiff.
12. Article 1170 of the New Civil Code of the Philippines provides
that, “Those who in the performance of their obligations are
guilty of fraud, negligence, or delay, and those who in any
manner contravene the tenor thereof are liable for
damages.”
13. Consequently, the above-mentioned violations by the defendant
constitute gross breach of contract which are unlawful,
malicious and prejudicial to the rights and interest of the plaintiff.
14. By virtue of this, the Plaintiff was constrained to engage the
services of counsel to whom he is bound to remunerate by way
of attorney’s fees in the sum of ONE HUNDRED FIFTY
THOUSAND PESOS (Php150,000.00);
15. The unjust and intentional refusal of the Defendant to pay his
overdue obligation resulted in Plaintiff’s failure to comply with
his own obligations, causing serious anxiety and besmirched
reputation on the part of the Plaintiff; thus, the Plaintiff is entitled
1
to an award of moral damages in the amount of FIFTY
THOUSAND PESOS (Php50,000.00);
16. By reason of the Defendant’s violation and disregard of the
Plaintiff’s rights, the award of exemplary damages in the amount
FIFTY THOUSAND PESOS (Php 50,000.00) is likewise
warranted to serve as a deterrent to the commission by the
Defendant, and to others similarly-minded, of similar acts in the
future.
PLAINTIFF’S WITNESS AND THE GIST OF HER TESTIMONY
Mercedes Ice, the witness will testify that she is the Attorney-in-
fact of Plaintiff Edgar Cuadras. That the defendant obtained
loan from the plaintiff secured by a Promissory Note. She will
likewise testify on other matters and identify documents in
relation to this case.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
of this Honorable Court that:
1. The Defendant be ORDERED TO IMMEDIATELY PAY
the Plaintiff the PRINCIPAL AMOUNT OF THE LOAN
amounting to THREE MILLION PESOS
(PhP3,000,000.00);
2. The Defendant be ORDERED TO IMMEDIATELY PAY
THE INTEREST ON THE PRINCIPAL LOAN IN THE
AMOUNT OF EIGHTEEN THOUSAND PESOS
(PhP18,000.00) PER MONTH FROM THE TIME IT
DEFAULTED UNTIL THIS CASE IS TERMINATED;
3. The Defendant be ORDERED to pay ONE HUNDRED
FIFTY THOUSAND PESOS (Php150,000.00) as
attorney’s fees;
4. The Defendant be ORDERED to pay FIFTY THOUSAND
PESOS (Php50, 000.00) for Moral damages and FIFTY
THOUSAND PESOS (Php50,000.00) for Exemplary
damages.
Other just and equitable reliefs under the circumstances are
also prayed for.
October 11, 2024.
Kalibo, Aklan.
Name: Leonard O Nosnosan
Kalibo, Aklan
Blk 5, Leo Bulding, Kalibo, Aklan
Appointment No. 56 Until May 5, 2027
Roll of Attorneys No. 76489
PTR No. 2; March 6, 2023, Aklan
IBP No. 236; March 4, 2022, Aklan
Doc. No. 455;
Page No. 564;
Book No. 71;
Series of 2024.
REPUBLIC OF THE PHILIPPINES
KALIBO, AKLAN) S.S.
X--------------------------------------------------------X
VERIFICATION
I, Mercedes Ice, of legal age, single, a Filipino citizen and a resident of
Poblacion, Kalibo, Aklan, Philippines, after having been duly sworn to in
accordance with law hereby depose and state that:
1. I am the atty-in-fact of Edgar Cuadras in the above-entitled case;
2. I have caused the foregoing pleading to be prepared;
3. I have read and understood the same and that all the allegations
stated therein are true and correct of my own knowledge and
information and or based on authentic documents and records in
our possession.
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day
of October 2024 in Kalibo, Aklan, Philippines.
Mercedes Ice
Atty-in-fact
The affiant whose name and personal circumstances are stated above-
personally appeared before me this 11th of October 2024, in Kalibo, Aklan
presented the foregoing verification signed the same in my presence and
affirmed under oath to the correctness of the contents or allegations of the
same.
The affiant is personally known to me as the same person who executed
the foregoing verification and she is properly identified by exhibiting to me
his competent evidence of identity Passport bearing No. xyaz12345
issued at General Delgado, Quezon City on April 11, 2022
Name: Leonard O Nosnosan
Kalibo, Aklan
Blk 5, Leo Bulding, Kalibo, Aklan
Appointment No. 56 Until May 5, 202
Roll of Attorneys No. 76489
PTR No. 2; March 6, 2023, Aklan
IBP No. 236; March 4, 2022, Aklan
