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Republic of the Philippines

REGIONAL TRIAL COURT


Branch _____
10thJudicial Region
Malaybalay City

BUKIDNON PLANTERS’ AGRICULTURAL Civil Case No. ______________


DEV’T RESEARCH COOPERATIVE (BPADRC)
Rep. by ERMELINDA L. CHUA OR
MANSUETO G. MINERALES
Plaintiff,

- versus - FOR: SUM OF MONEY


& DAMAGES

SPOUSES GILBERT & MARJORIE BULLECER,


Defendant.
x----------------------------------------------------------------------/

COMPLAINT
COMES NOW, the plaintiff through the undersigned counsel and
unto this Honorable Court, most respectfully avers:

1. That, the plaintiff Bukidnon Planters’ Agricultural


Development and Research Cooperative (BPADRC) is a
cooperative duly organized and existing by virtue of
Philippine Laws and with office address at BPA
Compound, Busco, Butong, Quezon, Bukidnon,
represented by ERMELINDA L. CHUA OR MANSUETO G.
MINERALES of legal age, both married, Filipino citizens and
a resident of Poblacion, Don Carlos, Bukidnon and
Poblacion, Quezon, Bukidnon respectively, while
defendant SPOUSES GILBERT & MARJORIE BULLECER, both
of legal age, married to each other, Filipino citizen and a
resident of Poblacion, Kadingilan, Bukidnon, where they
may be served with summons and other legal processes of
the Honorable Court;

2. That, the plaintiff is duly authorized by a Board Resolution


duly approved by its directors to file the instant case. A
copy of the Board Resolution is hereto attached as Annex
“A”;

3. That, the defendant/s owes the plaintiff by way of loans for


fertilizer, in the total amount of Eighty Three Thousand
Three Hundred Seventy Nine and 79/100 (P83,379.79)
excluding interest and penalty;

4. That, the defendant executed two (2) Promissory Notes


dated April 3, 2007 and October 26, 2007 for their
aforementioned loans with an interest rate at 2.5% per
month;

5. That, defendants failed to settle the aforementioned


obligation despite repeated verbal and written demands.
In fact, on October 7, 2014 and March 11, 2016, plaintiff
through counsel sent a demand letter and a Final demand
letter together with a statement of account to the
defendants. A copy of the demand letters and Statement
of Accounts, including the updated statement of account
as of March 31, 2017 is hereto attached as Annex “B”, “B-1,
“C”, “C-1” and “D” respectively;

6. That, referral to the lupong pamayapa is not required


because the plaintiff is a cooperative;

7. That the defendants refused and continue to refuse to pay


their outstanding obligations to the plaintiffs;

8. That the defendant should be taught an enduring lesson


for unjustly refusing to settle/pay a valid and legal
obligation and he should be made to pay the plaintiff for
exemplary damages in the amount of P30,000.00;

9. That in order to protect the plaintiff’s interest, the plaintiff


was compelled to engage the services of counsel for the
sum of P20,000.00 and a contingent fee of fifteen percent
(15%) of whatever is collected. The defendants should be
ordered to pay the said amount plus appearance fee as
reasonable attorney’s fees by way of reimbursement to
the plaintiffs’ and litigation expenses.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court


after trial, to find for the plaintiff and Order the Defendant to pay the
plaintiff the following:

a. P83,379.79 by way of actual damages plus interest and penalty;


b. P30,000.00 as exemplary damages;
c. Litigation and other incidental expenses
d. P20,000.00 plus 15% contingent fee of whatever is collected by
way of attorney’s fees;
e. Reasonable appearance fee;

Such other relief and remedies just and equitable under the
premises are likewise prayed for.

Cagayan de Oro City for Malaybalay City, April ____, 2017.

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LAGAMON, DURANO-DAGCUTA & ASSOCIATES LAW OFFICE
Attorneys-at-Law
D-302/ 307 3rd floor, CDT-KAI Building,
Hayes Ext. Street, Pinikitan, Cagayan de Oro City
By:

ARCHIBALD R. LAGAMON
PTR No. 3033873;01.07.2016;CDO
IBP Lifetime No. 06888
Roll No. 48606
MCLE Compliance V-0009306;07.27.2015

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Republic of the Philippines}
City of ____________________ } S.S.

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING

I, ERMELINDA L. CHUA, of legal age, widow, Filipino citizen, and a


resident of Poblacion, Don Carlos, Bukidnon, after having been duly sworn
to in accordance with law, hereby depose and say:

That I am the representative of the plaintiff in the above entitled


case;

That I have caused the preparation and filing and have read and
understood the above complaint;

That all the allegations contained therein are true and correct to
my own personal knowledge and based on authentic records;

That we have not commenced any other action or proceeding


involving the same issues in the Supreme Court, the Court of Appeals of
different Divisions thereof, or any other tribunal, agency, or other inferior
courts, and that to the best of our own knowledge and belief, no such
action or proceeding is pending in the Supreme Court, Court of Appeals,
or different Divisions thereof, or any other tribunal, agency or other inferior
courts, if we should thereafter learn that the same or similar action or
claim has been filed or is pending, we shall report that fact within five (5)
days therefrom to the court wherein my aforesaid complaint or initiatory
pleading has been filed.

IN WITNESS WHEREOF, we have hereunto set my hand on


_______________ at ___________________________.

ERMELINDA L. CHUA
Affiant

SUBSCRIBED AND SWORN to before me this _____________ at


_____________________, Philippines. Affiants exhibited to me his CTC No.
______________ issued on _____________ at ___________.

Doc. No. _____;


Page No. _____;
Book No. ______;
Series of 2017.