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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF TABACO CITY


Region V

MARIA CLARA,
Defendant.
X___________________________x

COMPLAINT
Plaintiff, by undersigned counsel and to his Honorable Court, respectfully states
that:
1. Plaintiff Juan de la Cruz id of legal age, married, and with residence at No.5
Happy Homes, Tabaco City, while defendant Maria Clara is also of legal age,
married and with residence at 234 Vel Amor Subdivision, where she may be
served with summons and other legal processes.
2. That on January 26, 2004, defendant owes plaintiff the amount of One Million
Pesos (P1,000,000.00), with interest thereon at 12% per annum, payable on
or before January 26, 2005, as evidenced by a promissory note, which he
executed and which provides:
P1,000,000.00

January 26, 2004

For value received, I hereby promise to pay Juan de la Cruz at his


residence at No.5 Happy Homes, Tabaco City, the sum of One Million Pesos
(P1,000,000.00) with interest thereon at 12% per annum from January 26,
2004, payable on or before January 26, 2005. In the event I fail to pay the
said amount, including its stipulated interests, I agree to pay him, as
attorneys fees and expenses of litigation, the sum of Two Hundred Thousand
Pesos (P200,000.00)
(Signed) Maria Clara
Borower
True copy of the said promissory note is attached hereto and made an integral
part hereof as Annex A.
3. The due date, January 236, 2005, of said promissory note (Annex A)
arrived, and yet defendant failed to pay the said amount of P1,000,000.00, in
breach thereof.
4. Notwithstanding demands, both verbal and written, made upon defendant, the
latter failed and refuse to pay her lawful obligation.
5. As a result of defendants breach of obligation to pay his indebtedness, as
well as the stipulated interests thereon, plaintiff was constrained to secure the
services of counsel to protect his interest and to file the complaint and to incur
attorneys fees and expenses of litigation, in the amount of P200,000, which
should be assessed against defendant.

WHEREFORE, plaintiff respectfully prays that judgment be rendered


ordering defendant to pay plaintiff the amount of P1,000,000.00, with interest
thereon at 12% per annum starting January 26, 2004 until fully paid, as well
as the sum of P200,000.00 as and for attorneys fees and expenses of
litigation, plus costs.
Plaintiff further prays for such other reliefs as may be just and equitable in
the premises.
Tabaco City, January 26, 2005
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, Juan de la Cruz, of legal age and with residence of No.5 Happy Homes,
Tabaco City, after having been duly sworn, depose and say:
1. That I am the paintiff in the above entitled complaint;
2. That I have caused the preparation od said complaint/petition;
3. That I have read the allegations therein contained, and that the same
are true and correct of my personal knowledge and/or based on
authentic records.
That I have not therefore commenced any action or filed any claim
involving the same issues in any court, tribunal, or quasi-judicial agency and, to be the
best of his knowledge, no such other action or claim is pending therein; (except the
following: [here make a complete statement of the pending case, its basic issue, its
present status thereof]); and if I should thereafter learn that the same or similar action or
claim has been filed or is pending, I shall support that fact within five (5) days therefrom
to the court wherein the aforesaid complaint or initiatory pleading has been filed.
Witness my hand this January 26, 2006 at Tabaco City, Philippines.

JUAN DE LA CRUZ
Affiant

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