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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
QUEZON CITY
MADONNA B. SANCHEZ and
IMELDA G. RICABO,
Plaintiff,
- versus -

CIVIL CASE No. ________________

METRO EXPRESS TOURS


CORPORATION and
YASUO ISHIKAWA,
Defendants.
x ------------------------------- x
COMPLAINT
Plaintiffs, by counsel, complain against defendants and
for causes of action, respectfully allege:
1.01 Plaintiff Madonna B. Sanchez (Sanchez) is a
Filipino, of legal age, married with address at No. 50 Don Jose
Street Don Antonio Heights, Diliman, Q,C.
.
1.02 Plaintiff Imelda G. Ricabo (Ricabo) is a Filipino, of
legal age, single with address at No. 50 Don Jose Street Don
Antonio Heights, Diliman, Q,C..

1.03 Defendant Metro Express Tours Corporation is a


corporation organized and existing under the laws of the
Philippines with given office addresses at Rm. 1402 Sunset
View Tower 2230 Roxas Boulevard Pasay City and/or 7 th Avenue,

Agro-Macro Subd., Cabangcalan, Mandaue City, where it may


be served summons and other court process.
1.04 Defendant Yasuo Ishikawa is a Japanese national and
the President of defendant Metro Express Tours Corporation and
may be served summons and other court process at Metro
Express Tours Corporation with addresses given in Paragraph 3
above.

2.01 On or about May 2009, defendants obtained from


plaintiffs the amount of P2 Million. As evidence of the
indebtedness, defendants signed a Promissory Note dated 11
May 2009 which is attached herewith as Annex A.

2.02 As first payment of the Promissory Note, defendants


issued to Ricabo, PNB Check No. 0000125209 dated May 20,
2009.

A copy of PNB Check No. 0000125209 is attached

herewith as Annex B.

2.03 Upon presentment of PNB Check No. 0000125209


to the bank, it was returned with the annotation Account
Closed.

3.01

Plaintiffs

then

sent

defendants to both addresses.

demand

letter

to

the

Copies of the demand letters

both dated 07 July 2009 are attached herewith as Annexes C


and D.

3.02 The whole amount of Php2Million is already due from


the defendants, the promissory note (Annex A) stating that
the whole amount is due ninety days from 11 May 2009.

3.03 Despite repeated demands, defendants failed and


refused, and still fail and refuse, to pay their above-said
obligation of P2Million.

3.04 Defendants

furthermore

owe

interest

to

the

plaintiffs at the legal rate from 20 March 2007, the date of


extrajudicial demand.

4.01 The court should not condone the actions of the


defendants and in order to set an example for the public good,
exemplary or corrective damages in the amount of P100,000.00
should be imposed.

4.02 Defendants acted in gross and evident bad faith in


refusing to pay their obligation to the plaintiffs, so that the
plaintiffs were compelled to institute this action and to litigate
and incur attorneys fees of at least P100,000.00 and litigation
expenses of at least P100,000.00.

PRAYER
3

WHEREFORE, plaintiffs respectfully pray that this court -

After

trial

of

the

issues,

promulgate

judgment

adjudging defendants jointly and severally liable to pay


plaintiff the following amounts:
a.

P2 Million, which is

the unpaid

obligation of the defendant, under Annex A


plus interest at the legal rate from 07 July
2009 until full payment;
b.

P100,000.00,

as

exemplary

damages;
c.

P100,000.00, as attorneys fees;

and
d.

P100,000.00

as

litigation

expenses.
Further, plaintiffs pray for costs of suit and for such
further or other relief as may be deemed just or equitable.
Quezon City, 05 January 2010

ATTY. ERLANDO A. ABRENICA


Counsel for the Plaintiffs
Rm. 604 Culmat Bldg. 127 133,
E. Rodriguez Sr. Ave. cor. 12th St., Q.C.
Roll No. 30593
IBP No. 392451 5-17-95, Lifetime
PTR No. 2736708 1-15-09, Marikina City
MCLE Compliance No. II-0003371,
8-28-08/ IBP, Pasig City
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VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY
) S.S.
We, Madonna B. Sanchez and Imelda G. Ricabo, both of
legal age, Filipinos, with common address at No. 50 Don Jose
Street, Don Antonio Heights, Quezon City, being first duly
sworn, depose and state:
1.

We are the plaintiffs in the above-captioned case.

2.
We caused the filing of the foregoing Complaint and
all allegations of fact therein are true and correct of our
personal knowledge.
3.
We attest to the authenticity of Annexes A
D of the foregoing Complaint.

to

4.
We certify that to our personal knowledge, we have
not commenced any other action or proceeding nor is there any
action or proceeding involving the same issues pending in the
Supreme Court, Court of Appeals, or any other tribunal or
agency.
5.
If we should hereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme
Court, Court of Appeals or any other tribunal or agency, we
undertake to report the fact within five (5) days therefrom to
the court or agency wherein this amended petition and sworn
certification contemplated herein have been filed.

MADONNA B. SANCHEZ
RICABO
Affiant

IMELDA

G.

Affiant

SUBSCRIBED AND SWORN to before me in Quezon City,


this ______ day of _________________, affiant Madonna B. Sanchez
exhibiting
to
me
her
___________________
issued
on
__________________ at _____________and affiant Imelda G. Ricabo
exhibiting to me her _____________________ issued on
________________ at ________________________.
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of 2010.
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