REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
Branch 1
Cebu City

KARYLLE GUTTIEREZ-MARCELO
Plaintiff,

- versus - CIVIL CASE NO. ___________

For: COLLECTION FOR SUM OF
MONEY WITH PRAYER FOR WRIT OF
RICHARD GOMEZ ATTACHMENT, WRIT OF
Defendant.
PRELIMINARY INJUNCTION AND
x-----------------------------------------x
RECEIVERSHIP

COMPLAINT
Plaintiff, thru the undersigned Counsel, unto this Honorable Court, respectfully
alleges:

1. That Plaintiffis of legal age, Filipino, and with residence at 231 Pelaez
Extension, Barangay Sta. Cruz, Cebu City.

2. That Defendant is likewise of legal age, Filipino, and with residence at

#009 La Paloma Subdivision, Tisa, Cebu City.

3. That on August 20, 2003 Mr. Richard Gomez borrowed three million
pesos (P3,000,000) which was payable in thirty-six (36) monthly
installments, with an interest of twelve percent (12%) per annum with
Spouses Marcelo.

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4. That on August 20, 2005, Plaintiff demanded for the payment of the twelve
(12) unpaid installments from Mr. Gomez with the corresponding interest
due.

5. That the Defendant had refused to pay the sum, despite timely and
consistent demand of the plaintiff.

6. The amount due to the plaintiff is as much as the sum for which an order
of attachment is sought to be granted, the Defendant’s parcel of land
located at Busay, Cebu City.

7. Plaintiffis willing to put up a bond for the issuance of a preliminary

attachment in an amount to be fixed by the court, not exceeding the sum
of One million, one hundred twenty-five thousand pesos (Php1,125,000)
representing Defendant’s outstanding Balance excluding the legal interest,
upon the condition that the plaintiff will pay the costs that may be
adjudged to the Defendant and all damages which he may sustain by
reason of the attachment, if this Court so adjudge that the applicant was
not entitled there to.

ALLEGATIONS IN SUPPORT FOR A WRIT OF

PRELIMINARY ATTACHMENT

8. Plaintiff repleads by reference the foregoing allegations in the preceding

paragraphs.

9. The Defendant is guilty of defrauding his creditors by removing or

disposing of his property or is about to do so. That he had sold some of
his properties to PetronasInc, 2 parcels of land located in LapuLapu City,
Cebu before the filing of this complaint. (see Annex A with TCT number T-
5095)

10. That there is no sufficient security for the claim sought to be enforced by
the present action. He has not been gainfully employed and his main
source of income, three 2013 Toyota Vios 1.3 MT Taxis (plate number

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 GXV 123, GXV 456, GXV 789) have been foreclosed by EastWest Bank
(see Annex Blist of cars Foreclosed by EastWest Bank)

11. Plaintiff is ready and willing to give a bond fixed by this Honorable Court,
executed to the Defendant, to answer for all costs which may be adjudged
to the latter, and all the damages which Defendant may sustain by the
reason for 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.

ALLEGATIONS IN SUPPORT FOR PRELIMINARY

INJUNCTION
12. That Defendant is currently disposing of his properties and other assets in
fraud of creditors and is likely to continue doing the same if not restrained
to the prejudice of the plaintiff;

13. That the plaintiff is entitled to the relief sought.

ALLEGATIONS IN SUPPORT FOR RECEIVERSHIP

14. As previously stated, the said parcel of land is in danger of being lost as
shown by the prevalent transactions by the Defendant

15. That the plaintiff has an interest in the property which is the subject of this
action and the property is in danger of being lost or sold by the Defendant.

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 16. In order to preserve the property and all its accessories a receiver is
necessary for the preservation the said parcel of land during the pendency
of this action.

WHEREFORE, it is respectfully prayed that:

a. Pending the hearing of this case, a writ of preliminary attachment be

issued against the property of the Defendantlocated at Busay, Cebu
City to serve as security for the satisfaction of any judgment that may
be recovered herein;

b. During the pendency of the case to issue a writ of injunction to restrain

the defendant from further disposing his properties and other assets.

c. After due hearing on the principal cause of this action, judgment be

rendered against the Defendant for the sum of PhpP1,125,000 plus
interest at the rate of twelve percent (12%) per annum as stipulated in
the contract of loan;

d. The court will grant the appointment of a receiver in order for the
preservation of the parcel of land located at Busay, Cebu City.

e. Attorney’s fees of 10% of the principal amount; and

f. Ordering the Defendant to pay the cost of this suit.

Other reliefs just and equitable are likewise prayed for.

IN WITNESS WHEREOF, I have hereto have hereby set their hands on the 20th day
of August 2014, in Cebu City.

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 GUTIERREZ AND ASSOCIATES
Counsel for Plaintiff
Room 201, Z Plaza,
Brgy.Zapatera, Cebu City
Tel. No. 235-1264

CEDRIC GUTIERREZ
Roll No. 12300
PTR No. 7648376
January 12, 2013/Cebu Province
IBP No. 3543543
January 12, 2013/Cebu Province
Admitted to the Bar on April 30, 2013

MYLENE OCAT
Roll No. 71628
PTR No. 5243797
January 12, 2013/Cebu Province
IBP No. 986873
January 23, 2013/Cebu City
Admitted to the Bar on April 30, 2013

KAREN ABEGAIL S. MONTERON

Roll No. 61743
PTR No. 4826281
December 10, 2013/ Cebu Province
IBP No. 936899
December 23, 2013/ Cebu City
Admitted to the Bar on April 30, 2013

VERIFICATION AND NON-FORUM SHOPPING CERTIFICATION

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I, KarylleGuttierez-Marcelo, of legal age and a resident of 0129 D. Jakosalem Street,

SitioNangka, Brgy. Cogon, Cebu City, after having been duly sworn in accordance

with law, hereby depose and state that:

1. I am the Petitioner in this case, and I caused the preparation of this

Complaint.

2. I have read the contents of the Complaint, and the allegations therein are

true and correct to my own personal knowledge and to the authentic

documents at hand.

3. I further certify to my own personal knowledge that I am commencing

other actions for Replevin and Collection of Sum of Money against other

Defendants.

4. Other than the above said case, I hereby certify under oath that there are

no other action or proceeding involving the same issues that is instituted

before the Supreme Court, the Court of Appeals, or the different divisions

thereof, or any other tribunal or agency, and that to the best of my

knowledge no such action or proceeding is pending in the Supreme Court,

the Court of Appeals or any other tribunal or agency.

5. Should I hereafter learn that a similar action or proceeding has been filed

or is pending before the Supreme Court, the Court of Appeals, or any

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 other tribunal or agency; I undertake to report the fact within five (5) days

therefrom for this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of

December 2009 at Cebu City, Philippines.

KARYLLE GUTTIEREZ-MARCELO

SUBSCRIBED AND SWORN TO before me this 19th day of August 2014 at Cebu

City, Philippines, affiant exhibiting to me his Driver’s License No. N06-60-039596.

Doc. No.___

Page No. ___

Book No.___

Series of 2009

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Republic of the Philippines)

City of Cebu )ss

AFFIDAVIT
IN SUPPORT OF APPLICATION FOR
COLLECTION OF SUM OF MONEY

I, KARYLLE GUTTIEREZ-MARCELO,of legal age, Filipino citizen and with

residence address at 231 Pelaez Extension, Barangay Sta. Cruz, Cebu City, after
having been duly sworn to, and under penalty of perjury, respectfully avers that:

1. That Defendant is likewise of legal age, Filipino, and with residence at

#009 La Paloma Subdivision, Tisa, Cebu City.

2. That on August 20, 2003 Mr. Richard Gomez borrowed three million
pesos (P3,000,000) which was payable in thirty-six (36) monthly
installments, with an interest of twelve percent (12%) per annum with
Spouses Marcelo.

3. That on August 20, 2005, I demanded for the payment of the twelve (12)
unpaid installments from Mr. Gomez with the corresponding interest due.

4. That the Defendant had refused to pay me the sum, despite timely and
consistent demand.

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5. The amount due to me is as much as the sum for which an order of
attachment is sought to be granted, the Defendant’s parcel of land located
at Busay, Cebu City.

6. I am willing to put up a bond for the issuance of a preliminary attachment

in an amount to be fixed by the court, not exceeding the sum of One
million, one hundred twenty-five thousand pesos (Php 1,125,000)
representing Defendant’s outstanding Balance excluding the legal interest
, upon the condition that the plaintiff will pay the costs that may be
adjudged to the Defendant and all damages which he may sustain by
reason of the attachment, if this Court so adjudge that the applicant was
not entitled there to.

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 IN WITNESS HEREOF, I hereby set my hand this
_________________ at Cebu City, Philippines.

KARYLLE GUTTIEREZ-MARCELOa
Affiant

SUBSCRIBED AND SWORN to before me, a notary

public in and for the City of Cebu, Philippines
this _______________ at Cebu City, Philippines, by
the affiant, who presented his Senior Citizen’s ID
with no. 153955 issued on 8/17/2014, as competent
evidence of identity.

Doc. No. ___;

Page No. ___;

Book No. ___;

Series of 2014.

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