REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

MAASIN CITY

Mr. Z
Plaintiff

-versus- Civil Case No. 12345
For: Collection of Sum of
Money

Mr. X
Defendant
x-----------------------------------x

COMPLAINT WITH APPLICATION OF WRIT OF PRELIMINARY
ATTACHMENT

Plaintiff, by counsel and to this Honorable Court, respectfully states
that:

1. Plaintiff, Mr. Z, is of legal age, Filipino citizen, single, with residence
and postal address at 333 Brgy. Kaimito, Maasin City, Southern
Leyte;

2. Defendant, Mr. X, is of legal age, Filipino citizen, single, with
residence and postal address at 232 Brgy. Kaimito, Maasin City,
Southern Leyte, where he may be served with summons and other
court processes;

3. Sometime on January 1, 2012, defendant obtained from and was
granted a loan accommodation by the plaintiff in the principal amount
of Thirty Thousand Pesos (P3,000,000.00) with a 2% monthly
interest;

4. A true and faithful machine reproduction of the Promissory Note
made by the defendant on January 1, 2012 is hereto attached as Annex
A;

5. As of June 30, 2014, defendant still has an outstanding balance to
plaintiff amounting to Forty Eight Thousand Pesos (P4,800,000), and
has failed and neglected to pay, without just and valid grounds, the
said Outstanding Balance for the aforementioned loan
accommodation;

6. Despite plaintiffs repeated demands, both written and verbal,
defendant failed, neglected and refused to pay and settle said
Outstanding Balance, without just and valid grounds, to the continued
damage and prejudice to the plaintiff;

7. A true and faithful machine reproduction of the Demand Letter made
by the plaintiff on June 1, 2014 is hereto attached as Annex B;

8. Consequently, plaintiff was constrained to engage the services of
counsel to whom it obliged itself to pay as Attorneys fees the amount
equivalent to 10% of the total amount due from defendant to plaintiff.

APPLICATION FOR PRELIMINARY ATTACHMENT

Plaintiff re-pleads the foregoing allegations, and further alleges that:

9. Defendant is guilty of fraud in incurring and in the performance of his
obligation to plaintiff in that it appears that he had no intention
whatsoever right from the beginning of paying his obligation. Further,
the defendant is about to depart the Philippines to defraud plaintiff.
Thus, plaintiff applies for a writ of preliminary attachment pursuant to
Rule 57 of the Rule of Court. The affidavit in support of the
application for preliminary attachment. Plaintiff is willing to put a
bond in such amount as the court may fix for the purpose of the
application for attachment.

PRAYER

WHEREFORE, after due hearing and notice, plaintiff
respectfully prays that the judgment be rendered against defendant, as
follows:

1. That a writ of attachment be immediately issued pursuant to Rule 57
of the new Rules of Court;

2. The amount of Forty Eight Thousand (P4,800,000.00) representing
defendants Outstanding Balance plus interest at a rate of 2% per
month as stipulated upon in the Promissory Note;

3. 10% percent of the total amount due as Attorneys fees plus
Appearance Fee at a rate of P1,000.00 per court hearing / conference;

4. Awarding to plaintiff such other necessaries of relief as may be
deemed just and equitable in the premises.

Maasin City, Southern Leyte
July 7, 2014

EARNSWELL P. TAN
Counsel for the Plaintiff
Roll No. 12345
IBP NO. 946492 1/1/2017
PTR NO. 564800 1/1/2017
Tan Law Office, Abgao, Maasin City, Southern Leyte








REPUBLIC OF THE PHILIPPINES)
MAASIN CITY ) s.s.

VERIFICATION

I, JAY ANTHONY FLORES, of legal age, after having been duly
sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I undertake to report that fact within five
(5) days therefrom to this Honorable Court.


Mr. Z
Affiant


SUBSCRIBED AND SWORN to before me this 7th day of July, 2014
at Abgao, Maasin City, Southern Leyte, affiant exhibiting to me his Drivers
License with license number H05-05-000934 to expire on July 17, 2020.



EARNSWELL P. TAN
Notary Public for Maasin City
Roll No. 12345
IBP NO. 946492 1/1/2017
PTR NO. 564800 1/1/2017



Doc. No.
Page No.
Book No.
Series of 2014