Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch ___
Makati City

__________, Plaintiff, CIVIL CASE No. 16-0956-2341

- versus – FOR: COLLECTION OF SUM OF

MONEY.

____________,
Defendant.
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COMPLAINT
PLAINTIFF, by counsel, respectfully alleges, :

1. Plaintiff is a Filipino, of legal age, single, and residing at BLK

288 L 4 Paboreal ST. Bgy. Rizal Makati city, where she may be
served with summons, papers and other process of this
Honorable Court.

2. Defendant _____ is a Filipino, of legal age, single, and

residing at ________, where he may be served with summons,
papers and other process of this Honorable Court.

Cause of action

3. That on February ___ 2017 defendant borrowed from the

plaintiff two hundred thousand pesos (P200,000.00) as
evidenced of the a loan agreement herein attached in Annex
“A”.

4. That as shown in the loan agreement, the indebtedness of

the defendant was due and demandable on February ____
2018.
 5. That despite the plaintiff repeated demand both written
and verbal, defendant refuse to fulfill his contractual obligation
without any valid grounds as evidence of Annex “B”

6. Plaintiff and defendant continued to see each other and

their initial encounter was followed by a number of nights spent
mostly at the defendant’s place.

7. At about February 2014, Benitez advised defendant that

she was in the family way. Defendant, in return, proposed
marriage to the plaintiff which the latter accepted.

8. Plaintiff resigned from her work as a teacher at Rizal

Elementary School as she was advised by her attending
physician that her pregnancy was showing signs of instability.
See attached resignation letter herein referred as “Annex A”
and medical certificate as “Annex B”.

9. Preparations for the wedding were undertaken and

the date was set on June 28, 2014. Twenty thousand pesos (Php
20,000.00) was paid to the wedding coordinator two months
prior to the said date. See attached official receipt herein
referred as “Annex C”.

10. In addition to the payment made to the coordinator,

seventy-five thousand pesos (Php 75, 000.00) cash was
advanced by the designated caterer for the wedding. See
attached official receipt by Tison Catering herein referred as
“Annex D”. Sixty-eight thousand five hundred pesos (Php 68,
500.00) was also paid for the invitations sent out to invited
guests. See attached official receipt herein referred as “Annex
E”.

11. On May 17, 2014, defendant asked plaintiff if he

could first go home to his family in Davao and formally inform
his family and relatives of the wedding taking place in the
following month. Plaintiff agreed and bought defendant his
plane ticket worth four thousand pesos (Php 7,500.00). See
attached official receipt from Cebu Pacific ticketing office
herein referred as “Annex F”.

12. Defendant flew out of Bacolod City at around 3:45

P.M of May 19, 2014 and never returned.

13. Plaintiff desperately tried to communicate with

defendant but to no avail. Plaintiff finally asked the help of
local police to inquire about the whereabouts of the
defendant and learned that he was already married with one
child to a certain Katrina Padilla. See attached marriage
certificate herein referred as “Annex G”.

14. As a result of the negligent act of defendant Aurelio

Lara, the wedding never took place and plaintiff suffered
actual damages in the amount of ONE HUNDRED SEVENTY-ONE
THOUSAND PESOS (Php 171,000.00).

15. Moreover, due to defendant’s false pretenses and

deceit, plaintiff suffered mental anguish, besmirched reputation
and serious anxiety.

16. Consequently, Plaintiff was constrained to engage

the services of counsel to whom it obligated itself to pay as
Attorney's Fees the amount equivalent to TWENTY FIVE PERCENT
(25%) of the total amount to be adjudged in favor of plaintiffs,
and the costs of this suit.

PRAYER

WHEREFORE, the above premises considered, it is

respectfully prayed of this Honorable Court after hearing on the
merits, that:

a. Defendant be ordered to pay for actual damages in

the amount of ONE HUNDRED SEVENTY-ONE
THOUSAND PESOS (Php 171, 000.00);

b. Defendant be ordered to pay moral damages in the

amount of THREE HUNDRED THOUSAND PESOS (Php
300,000.00);

c. Defendant be ordered to pay attorney’s fees in an

amount equivalent to TWENTY FIVE PERCENT (25%) of
the total amount to be adjudged in favor of
plaintiffs;

d. Defendant be ordered to pay the costs of this suit.

Other reliefs just and equitable under the premises are

likewise prayed for.

For the Plaintiff

 By

ATTY. HAZELMER SALES FERNANDEZ

HF Law Firm, Suite 704, Hi-Residences Bldg.,
Luzuriaga Street, Bacolod City
PTR No. 1247838 1-20-2017 Bacolod City
IBP No. 911117 1-21-2017 Bacolod City
Roll No. 89994
MCLE Ex. No. 111-000748 1-13-2017
For 3rd compliance

Republic of the Philippines )

Bacolod City )s.s
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VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

I, Clare Benitez, Filipino, of legal age, single and residing at

Door No. 42, Gumamela Road, 16th Street, Bacolod City, after
having been duly sworn to in accordance with law depose
and say, THAT:

That I am the Plaintiff in the above-entitled case; That I

have caused the preparation of the above Complaint and I
have read the same and knows the contents thereof; That the
allegations contained therein are true and correct of my own
personal knowledge.
 IN WITNESS WHEREOF, I have hereunto set my hand this
19th day of June, 2016 at Bacolod City, Philippines.

SUBSCRIBED AND SWORN to before me this 19th day of

June, 2016 by Clare Benitez, who exhibited to me her Voter’s ID
No. 12345 issued at Bacolod City, Philippines on May 12, 2010.

WITNESS MY HAND AND SEAL.

Doc. No. 0012;

Page No. 003;
Book No. 001;
Series of 2016.