REPUBLIC OF THE PHILIPPINES)

CAGAYAN DE ORO CITY) Sc.

SECRETARY’S CERTIFICATE

I, KRISTINE PALARCA, Filipino, single, of legal age and a resident of

El Salvador City, as the Corporate Secretary of ABC Corporation, a
corporation duly incorporated under the laws of the Philippines, with
principal business address at 123 Corrales Cagayan de Oro City after
having duly sworn in accordance with law, hereby certify:

1. That in a Special Meeting of the Board of Directors dated

December 16,2017 after a motion duly made and seconded,
the Board has unanimously approved a Board Resolution, as
follows:

“WHEREFORE, the Corporation authorizes JUAN DELA CRUZ

to represent the Corporation in the case entitled ABC
Corporation vs. Pedro Delos Santos and further authorizes the
same person to appear in behalf of the Corporation during all
proceedings and to appear in the conferences, mediation,
hearings, trials in the aforementioned case with the power to
enter into compromises, amicable settlements, conciliations
allowed by law, submission to arbitration, and make stipulations
or admissions of facts and documents during conferences and
other pre-trial agenda and to serve and file position papers as
may be required by the court; and finally to sign, make, execute
and deliver any and/or all documents, papers, writings, that
need to be made, executed, signed and delivered to give effect
to the authority herein granted.”

2. The foregoing is in accordance with the records of the

Corporation;

3. A quorum was obtained during the meeting of the Board;

4. I am executing this sworn statement to attest to the truth of the

foregoing and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this 16th day

of December 2017 at Cagayan de Oro City.

______________________________
KRISTINE PALARCA
Corporate Secretary
SUBSCRIBED AND SWORN to before me this 5th of January 2018
at Cagayan de Oro City affiant exhibiting to me her Community Tax
Certificate No.12346 issued at Cagayan de Oro, on January 12,
2014.

Doc. No. : ________; KRISTINE MAE JAPOS

Page No. : ________;
Book No. : ________;
Series of 2018.
Notary Public until 12-31-18
PTR No.12367A/01-06-17/CDO
IBP No. 124567/ 01-06-17/ Mis.Or
Roll No. 12345
Tel No. 8586734
 Republic of the Philippines
REGIONAL TRIAL COURT
Branch ___
Cagayan de Oro City

ABC CORPORATION, represented

by Juan dela Cruz, President
Plaintiff, CIVIL CASE NO.____
For: Sum of Money,
and damages with
prayer for the issuance
of writ of preliminary
attachment
-versus-

PEDRO DELOS SANTOS,

Defendant
x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel,

and unto this honorable court, most respectfully avers:

THE PARTIES

Plaintiff, ABC CORPORATION, a company engaged in lending

money, is a domestic corporation duly organized and existing under
and by virtue of the Philippine laws, having its principal office address
at 123 Corrales Cagayan de Oro City, represented by its President
JUAN DELA CRUZ. Copy of the Secretary Certificate is hereto
attached as Annex “A”, and is made an integral part hereof;

That Defendant, PEDRO DELOS SANTOS, is of legal age,

Filipino Citizen, with postal address at No. 24 Evangelista Street,
Cagayan de Oro City, where he may be served with summons and
other processes by this Honorable Court;

FIRST CAUSE OF ACTION

That sometime in December 1, 2017, defendant went to plaintiff

to borrow a sum of money in the total amount of P500,000.00 as
evidenced by the Promissory Note which is hereto attached as
Annex “B” hereof; That on its maturity date, December 15, 2017, the
defendant failed to pay his obligation up until now;
 SECOND CAUSE OF ACTION

That despite repeated demands in writing, defendant refused to

pay his obligation to the damage and prejudice of herein plaintiff.
Copy of the demand letter is hereto attached as Annex “C” hereof;

That as a result of the unwarranted and unjustifiable refusal of

the defendant to pay the said obligation, plaintiff suffered sleepless
nights, serious anxiety in which he should be awarded the amount of
P100,000.00 as moral damages, and to set an example to the public,
plaintiff should be awarded exemplary damages in the amount of
P100,000.00 and 100,000 as attorney’s fees;

ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OF

PRELIMINARY ATTACHMENT

Plaintiff re-pleads all the foregoing averments by way of

reference and in so far as they are relevant and material to its
application for the issuance of a writ of Preliminary Attachment;

1. A sufficient cause of action exists against the defendant;

2. The defendant is guilty of fraud in contracting and in the

performance of his obligation as manifested by defendant,
Mr. PEDRO DELOS SANTOS, who represented himself as a
credible businessman and financially capable of paying his
obligation, when in truth and in fact, he is not, and the
fraudulent scheme becoming more evident when despite
demands, he failed and refused to settle without justifiable
ground his just and demandable obligation and that he
attempted to depart Philippines going to Kalasungan, North
Africa evidenced by a plane ticket hereto attached as Annex
“D”;

3. There is no sufficient security for the claim sought to be

enforced by the present action;

4. The amount due to the plaintiff in the above-entitled case is

P500,000.00, excluding legal fees and other charges as of to
date for which amount, an order of attachment is being
sought above all legal counterclaims against the Defendant;

5. Plaintiff is ready and willing to give a bond to be fixed by this

Honorable Court, executed to the defendant, to answer for
all costs which may be adjudged to the latter, and all
damages which defendant may sustain by reason of the
 attachment prayed for, if the court shall finally adjudge that
Plaintiff is not entitled thereto;

In support of the foregoing allegations, the Plaintiff has attached

hereto his affidavit.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

unto this Honorable Court that, after hearing, judgment be rendered
as follows:

1. An order of attachment be immediately issued by this

Honorable Court, requiring the sheriff to attach properties of the
Defendant which are not exempt from execution or so much thereof
as may be sufficient to satisfy Plaintiff’s demand which is in the total
amount of P500,000.00; and after hearing;

2. Judgment be rendered ordering the defendant to pay plaintiff

the amount of P500,000.00, representing unpaid account excluding
legal fees and other charges as of to date;

3. Ordering the defendant to pay the plaintiff the amount of

P100,000.00 as moral damages, and P100,000.00 as exemplary
damages;

4. P100,000.00 by way of Attorney’s fees and P2,500.00 as per

appearance fee and costs of suit;

5. Ordering the defendant to pay the costs of suit.

Other reliefs which are just and equitable are likewise prayed for.

Cagayan de Oro City, Philippines, January 5, 2018.

JAPOS LAW OFFICE

Counsel for the Petitioner
Palar Bldg., Cagayan de Oro City

By:
KRISTINE MAE JAPOS
Notary Public until 12-31-18
PTR No.12367A/01-06-17/CDO
IBP No. 124567/ 01-06-17/ Mis.Or
MCLE No. 126737/09-9-18
Roll No. 12345
Republic of the Philippines)
City of Cagayan de Oro ) Sc.

AFFIDAVIT FOR PRELIMINARY ATTACHMENT

I, JUAN DELA CRUZ, Filipino, of legal age, married, residing at

Corrales Street, Cagayan de Oro City, after being sworn to in
accordance with law, deposes and say:

1. That I am the President and representative of ABC Corporation

who is the plaintiff of the above-entitled case;
2. That ABC Corporation is a duly authorized and operated
corporation in the Philippines with principal business located at
Corrales Street, Cagayan de Oro City.
3. That a sufficient cause of actions exists against the defendant
named therein;
4. That this action is one of those specifically mentioned in Sec. 1
of Rule 57 of the Rules of Court, whereby a writ of preliminary
attachment may lawfully issue, namely:

“(a) In an action for the recovery of a specified amount of

money or damages, other than moral and exemplary, on a cause
of action arising from law, contract, quasi-contract, delict or quasi-
delict against a party who is about to depart from the Philippines
with intent to defraud his creditors;”

5. That there is no sufficient security for the claim sought to be

enforced by the present action;
6. That the amount due to the plaintiff in the above-entitled case is
as much as the sum for which an order of attachment is proper.

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of

January, 2018, in the City of Cagayan de Oro, Philippines.

JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 5th day of January,

2018, in the City of Cagayan de Oro, Philippines, affiant having
exhibited to me his Driver’s License No. 3790682 issued until July 29,
2019.
Doc. No. : ________; SARAH JANE BEHIGA
Page No. : ________; Notary Public until 12-12-18
Book No. : ________; PTR No. 12375/ 01-23-18/CDO
Series of 2018. IBP No. 1738/ 01-26-18/ Mis.Or
MCLE No. 3692/07-27-18
Roll No. 65739
Tel No. 858734
Republic of the Philippines)
City of Cagayan de Oro ) Sc.

VERIFICATION AND CERTIFICATION

I, JUAN DELA CRUZ, Filipino, of legal age, married, residing at

Corrales Street, Cagayan de Oro City, after being sworn to in
accordance with law, deposes and say:

1. That I am the president and representative of ABC Corporation,

the plaintiff in this case.

2. That I have caused the preparation by my counsel of said

complaint.
3. That I have read and understood the contents of this pleading
and attest that the contents herein are true and correct of my
personal knowledge or based on authentic records.
4. That I further certify under oath that I have not initiated or
commenced any complaint, or action in any other Court, Tribunal or
Government Agency, involving the same subject matter or cause of
action; that to the best of my knowledge, no such other action or
proceeding is pending therein; and I undertake to report the fact
within (5) five days therefrom to the Court or Government Agency
where the original pleading and sworn certification contemplated
herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of
January, 2018, in the City of Cagayan de Oro, Philippines.

JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 5th day of January,

2018, in the City of Cagayan de Oro, Philippines. The affiant
exhibited to me having exhibited to me his Driver’s License No.
3790682 issued by the Land Transportation Office and valid until July
29, 2019.

Doc. No. : ________; KRISTINE MAE JAPOS

Page No. : ________;
Book No. : ________;
Series of 2018.
Notary Public until 12-31-18
PTR No.12367A/01-06-17/CDO
IBP No. 124567/ 01-06-17/ Mis.Or
MCLE No. 126737/09-09-18
Roll No. 12345