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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY, BRANCH __

KANE TOOTIN,
Plaintiff,
Civil Case No.
-versus- For: Collection of Sum of Money

BEAU TOHMO,
Defendant.
x--------------------------------------x

COMPLAINT
___________________

Plaintiff, thru the undersigned Counsel, unto this


Honorable Court, most respectfully states:

1. Plaintiff, Kane Tootin (Plaintiff), is a Filipino, legal age,


with residence at 69 Mahalay St., Quezon City. He may be
served processes and notice by this Honorable Court in the said
address and that of the undersigned.

2. Defendant, Beau Tohmo (Defendant), is a Filipino, of


legal age, with residence at 88 Natitigang St., Quezon City
where he may be served summons and other notices and
processes of this Honorable Court.

3. Sometime in 30 September 2017, Plaintiff borrowed


from Defendant the amount of TWO MILLION PESOS (Php
2,000,000.00) for the latter to finance his carwash business. Said
agreement was reduced into writing and signed on the same
date. A copy of the agreement denominated as “Loan
Contract” is herein attached as Annex “A”.

4. In this said agreement, Defendant bound himself to


pay the said amount in four (4) equal monthly instalments
starting on 30 October 2017. Defendant further obligated
himself that upon default of each instalment, Plaintiff may
impose a Two Percent (2%) monthly interest for every month of
default.

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5. To further secure payment, Defendant secured his
loan with 4 promissory notes each dated at 30 October 2017,
30 November 2017, 30 December 2017, and 30 January 2018,
respectively. Copies of the said promissory notes are herein
attached as Annexes “B”, “C”, “D”, and “E”, respectively.

6. The loan was likewise secured by a Chattel


Mortgage over his Rolex watch. A copy of the said Chattel
Mortgage agreement is herein attached as Annex “F”.

7. Plaintiff demanded the payment of each instalment


on 30 October 2017, 30 November 2017, 30 December 2017,
and 30 January 2018. Plaintiff sent separate demand letters to
recover payment from each instalment. Copies of the Demand
letters dated, 30 October 2017, 30 November 2017, 30
December 2017, and 30 January 2018, and received personally
by the Defendant are herein attached as Annexes “G”, “H”,
“I”, and “J”.

8. Defendant never pushed through with his carwash


business. As a consequence, up to date, no payment was
made to the Plaintiff despite repeated demands.

WHEREFORE, premises considered, Plaintiff respectfully


pays of this Honorable Court to:

1. Order the Defendant to pay the principal amount of


TWO MILLION PESOS (Php 2,000,000.00);

2. Order the Defendant to pay 2% monthly interest on


the unpaid instalments on 30 October 2017, 30 November 2017,
30 December 2017, and 30 January 2018, respectively.

Other reliefs just and equitable under the circumstances


are likewise prayed for.

Quezon City, Metro Manila.

27 February 2018

BUGAN AND MORAN LAW OFFICE


Counsel for the Plaintiff
96 Masarap St., Quezon City

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BY:

ATTY. LILY BUGAN


Roll No. 6969
PTR No. 01/07/18, Quezon City, RSM
IBP No. 01/07/18, Quezon City
MCLE Compliance No. V – 789800, 05/07/16, Quezon City

ATTY. TINA MORAN


Roll No. 8896
PTR No. 01/07/18, Quezon City, RSM
IBP No. 01/07/18, Quezon City
MCLE Compliance No. V – 889978, 05/07/16, Quezon City

VERFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Kane Tootin, Filipino, of legal age, with residence at 69


Mahalay St., Quezon City, after having been duly sworn
according to law, hereby depose and state that:

1. I am the Plaintiff in the above-entitled case;

2. I have caused the preparation of the foregoing


Complaint;

3. I have read and understood its contents, and the


allegation therein are true and correct based on personaly
knowledge and authentic records;

4. I have not commenced any action involving the


same facts and issues before any court, tribunal, or quasi-
judicial body; and,

5. In the event I gain knowledge of any pending case


before any court, tribunal, or quasi-judicial body, I shall
promptly report the same before this Honorable Court within 10
days from gaining knowledge thereof.

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IN WITNESS WHEREOF I hereunto affix my signature this
27th day of February 2018 in Quezon City.

Kane Tootin
Affiant

SUBSCRIBED AND SWORN TO before me this 27th day of


February 2018 in Quezon City, affiant exhibiting to me his
Driver’s License No. 1238912309 issued in Quezon City, valid until
30 June 2019.

NOTARY PUBLIC

Doc No. __;


Page No. __;
Book No. __;
Series of 2018.