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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


Tanjay City, Negros Oriental

___________________________,
Plaintiff, Civil Case No. ______

-versus- For: ENFORCEMENT OF


JUDGMENT AFTER THE LAPSE
___________________________ OF FIVE (5) YEARS FROM THE
Defendant. DATE ITS ENTRY.
x - - - - - - - - - - - - - - - - - - - - - - -/

COMPLAINT
PLAINTIFF, by her undersigned counsel, to this Honorable Court,
respectfully alleges:

1. That the plaintiff is of legal age, Filipino, single and a resident of GG


Village, Calasgaan, Bais City, Negros Oriental, where she can be served with
court processes;

2. That the defendants are spouses, of legal age, Filipinos, and residents
of Lawton, Tanjay City, Negros Oriental, where they can be served with
summons and other court processes. Defendant spouse ________ is herein
impleaded as defendant under the provisions of Section 4, Rule 3, of the 1997
Rules of Civil Procedure and that the obligation of Plaintiff _________ redounded
to the benefit of the family;

3. Sometime on July 12, 2001, in the case entitled “______________,


Civil Case No. 123, for collection of sum of money and damages” filed with this
court, this Honorable Court rendered a decision in favor of herein plaintiff and
against the herein defendant, who were the same plaintiff and defendant in said
Civil Case No. 123, the dispositive portion of the decision reads:
WHEREFORE, premises considered, judgment is hereby
rendered as follows:

1) Ordering defendant _________ to pay plaintiff the


amount of P27,600.00 plus 12% interest per annum from May 15,
2000 and 1% per month as penalty, until the entire amount is paid in
full;

2) Ordering the defendant to pay plaintiff the amount of


P5,000.00 as attorney’s fees; and,

3) Ordering the defendant to pay litigation expenses in the


amount of P3,000.00.

With costs against the defendant.


[Complaint] - page three -

A machine copy of the decision is hereto attached as Annex “A” and


made an integral part hereof;

4. That a Writ of Execution was issued by this Honorable Court in said


Civil Case No. 123 on June 3, 2002, but more than five (5) years has now
elapsed, the Writ was never executed fully by the sheriff, nor has the defendant
paid his obligation in the decision to the plaintiff. A machine copy of the Sheriff’s
Partial Return is hereto attached as Annex “B” and made an integral part
hereof;

5. That the decision, Annex “A” hereof, is not barred by the statute of
limitation;

WHEREFORE, premises considered, this Honorable Court is most


respectfully prayed to render judgment for the plaintiff and against the
defendants, enforcing the decision dated July 12, 2001 rendered by this
Honorable Court, viz:

1) Ordering defendant Joel Barba to pay plaintiff the


amount of P27,600.00 plus 12% interest per annum and 1% per
month as penalty from May 15, 2000, until the entire amount is paid
in full;

2) Ordering the defendant to pay plaintiff the amount of


P5,000.00 as attorney’s fees; and,

3) Ordering the defendant to pay litigation expenses in the


amount of P3,000.00.

With cost against the defendant.

Plaintiff further prays for such other reliefs as may be just and equitable
under the premises.

Respectfully submitted.

Dumaguete City, for Tanjay City, July 6, 2007.


[Complaint] - page three -

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, ________, Filipino, of legal age and a resident of _______________l, on oath,


hereby state that:

1. I am the plaintiff of the above-entitled case; that I have caused the


preparation of the foregoing complaint; that I have read and understood the contents
thereof; and that all the allegations therein are true and correct of my own knowledge
and belief and/or based on authentic records;

2. I have not commenced any other action or proceeding involving the same
issue in the Supreme Court, the Court of Appeals or any of its divisions, or with any
other tribunal or agency;

3. To the best of my knowledge, no such action or proceeding is pending in the


Supreme Court, the Court of Appeals or any of its divisions, or with any other tribunal or
agency;

4. If I should thereafter learn that a similar action or proceeding has been filed or
is pending in the Supreme Court, the Court of Appeals or any of its divisions, or with any
other tribunal or agency, I undertake to promptly inform this Honorable Court of the fact
within five (5) days therefrom.

Dumaguete City, _____________________, 2007.

_____________
Affiant

SUBSCRIBED AND SWORN to before me, in the City of Dumaguete, Province


of Oriental Negros, this ____ day of _____________ 2007, affiant exhibiting to me her
Community Tax Certificate No. ____________ issued on ___________, 2007 at
________________, Philippines.

Doc. No. ___ ;


Page No. ___ ;
Book No. ___ ;
Series of 2015.