EGIONAL TRIAL COURT
5th Judicial Region
Branch ___
Makati City
MS. MORGANA BLACKHAWK,
Petitioner,
CIVIL CASE NO. 123
-versus- For: Sum of Money with prayer
for the issuance of writ of
preliminary attachment
MR. ARTHUR DARKWOOD,
Respondent
x-----------------------------------x
COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel, and unto this
honorable court, most respectfully avers:
1. That plaintiff is of legal age, Filipino Citizen, with postal address at
#1136-A A. Maceda Street, Makati City;
2. That Defendant Arthur Darkwood, is of legal age, Filipino Citizen, with
postal address at No. 24 Evangelista Street, Santolan, Pasig City, where
he may be served with summons and other processes by this Honorable
Court;
3. That sometime in January 2005, defendant obtained several
construction materials from the plaintiff in the total amount of
P5,000,000.00 as evidenced by the Purchase Order, Delivery receipt
which are hereto attached as Annexes “A” – “D” hereof;
4. That as payment of the said constriction materials, defendant issued
several postdated checks and represented that the same will be covered
by sufficient funds on its maturity dates. Copies of the checks are hereto
attached as Annexes “E” – “G” hereof;
5. That on its maturity date, the said checks was dishonored by the drawee
baks upon presentment for payment for reason ACCOUNT CLOSED, as
evidenced by the notice of dishonor issed by the bank which is hereto
attached as Annex “H” hereof;
6. That despite repeated demands orally and in writing, defendants
refused and continously refusing to make good the said bounced checks
or pay the construction materials to the damage and prejudice of herein
plaintiff. Copy of the demand letter is hereto attached as Annex “I”
hereof;
7. That as a result of the unwarranted and unjustifiable refusal of the
defendants to pay the said construction materials or make good said
checks, plaintiff suffered sleepless nights, serious anxiety in which he
should be awarded the amount of P100,000.00 as moral damages, and
to set an example to the public, plaintiff should be awarded exemplary
damages un the amount of P100,000.00;
ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OF
PRELIMINARY ATTACHMENT
Plaintiff re-pleads all the foregoing averments by way of reference
and in so far as they are relevant and material to its application for the
issuance of a writ of Preliminary Attachment;
8. A sufficient cause of action exists against the defendant;
9. The defendant are guilty of fraud in contractiong and in the
performance of their obligation as manifested by defendant, Mr. Arthur
Darkwood, who represented himself as a credible businessman and
financially capable of paying his obligation, when in truth and in fact, he
is not, and the fraudulent scheme becoming more evident when despite
demands, he failed and refused to settle without justifiable ground his
just and demandable obligation;
10.There is no sufficient security for the claim sought to be enforced by the
present action;
11.The amount due to the plaintiff in the above-entitled case is
P5,000,000.00, 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 Defendants;
12.Plaintiff is ready and willing to give a bond to be fixed by this Honorable
Court, executed to the defendant, to answe for all costs which may be
adjudged to the latter, and all damages which 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 Plaintiff’s demand which is in the total amount of
P5,000,000.00; and after hearing;
2. Judgment be rendered ordering the defendant to pay plaintiff the
amount of P5,000,000.00, representing unpaid account excluding
legal fees and other charges as of to date;
3. Ordering the defendants to pay the plaintiff the amount of
P100,000.00 as moral damages, and P100,000.00 as exemplary
damages;
4. P50,000.00 by way of Attorney’s fees and P2,500.00 as per
appearance fee and costs of suit;
5. Ordering the defendants to pay the costs of suit.
Other reliefs which are just and equitable are likewise prayed for.
Makati City, Philippines, June, 18, 2024.
ABOGADO LAW OFFICE
Counsel for the Petitioner
Rasi Bldg., Makati City
By:
ABOGADO A. ABOGADO
IBP No. 1231231/2-5-05
PTRNo.123/10-2203/Leg.
Roll No. 123123
VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES )
CITY OF MAKATI )S.S.
I, MS. MORGANA BLACKHAWK, of legal age, Filipino Citizen, married, after
having been duly sworn to in accordace with law, hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have cause the preparation of the foregoing Complaint/Petition
and have read the allegations contained therein;
3. That the allegations in the said complaint/petition 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 issued in the Supreme Court, Court of
Appeals, or any other tribunal or agency;
5. That if I should thereafter learned that a similar action or proceeding has
been filed or is pending before the Supreme Court, court of Appeals or
any other tribunal agency, I hereby imdertake 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 provision of Adm. Circular No.
04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of
June, 2024 in Makati, City, Philippines.
MS. MORGANA BLACKHAWK
Affiant
SUBSCRIBED AND SWORN to before me this __ day of June 2024, in the City
of Makati, with affiant exhibiting to me his SSS ID, with ID No. 1234 issued
at Makati City on June 2024.
Notary Public
Doc. No.____;
Page No.____;
Book No.____;
Series of 2005.
REPUBLIC OF THE PHILIPPINES )
CITY OF MAKATI )S.S.
AFFIDAVIT OF GOOD FAITH
I, MS. MORGANA BLACKHAWK, Filipino, of legal age, and with office
address at No. 1136-A, A. Maceda Street, Legazpi City, 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 Defendant was guilty of fraud in
contracting the debt or incurring the obligation upon which the action is
brought, as he convinced plaintiff that he was a financially capable
businessman;
4. That the amount due to the plaintiff in this case is P5,000,000.00,
excluding legal fees and other charges, above all legal counterclaims;
5. That there is no sufficient security for the claim sought to be enforced
by the present action.
IN WITNESS WHEREOF, I have hereunto set my hands this 31st day of
March 2005, at Legazpi City.
MS. MORGANA BLACKHAWK
Affiant
SUBSCRIBED AND SWORN TO before me this ___ day of June, 2024 in the
city of Legazpi.
Notary Public
Doc No.____;
Page No._____;
Book No._____;
Series of 2024.
