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REPUBLIC OF THE PHILIPPINES

Municipal Trial Court in Cities


Branch ___
Iloilo City

MARIETTA LEMERY,
Plaintiff, Civil Case No. ____
For: Sum of Money
- versus-

DANNY PAS LAMERA,


Defendant.
x---------------------------x

C O M P L A I N T

COMES NOW, the plaintiff, by the undersigned counsel and unto


this Honorable Court, most respectfully states that:

1. Plaintiff is a Filipino, of legal age, and residing at 27 Rizal St., Brgy.


Maria Clara, Iloilo City; while defendant is also a Filipino, of legal
age, married and residing at 123 Rizal St., Brgy. Maria Clara, Iloilo
City, where he may be served with summons and other court
processes;

2. On December 20, 2016, the defendant executed a promissory


note in favor of the plaintiff in the amount of Three Hundred

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Thousand Pesos (P300,000.00) payable within 60 days from the
date of promissory note which reads as follows:

“December 20, 2016


P300,000.00

For value received, I promise to pay Salvacion Gulmatico or


order the sum of Three Hundred Thousand Pesos (P300,000.00)
on or before February 20, 2017, at her house at 27 Rizal Street,
Brgy. Maria Clara, Iloilo City.

Romeo Vilvar.”

A copy of said promissory note is hereto attached as Annex “A”.

3. Defendant’s indebtedness has become due and demandable but


despite demands orally and in writing by the plaintiff, defendant
refused and failed to pay the amount stated in the promissory
note. Attached hereto is the Final Demand for Payment marked
as Annex “B”.

4. Plaintiff referred the matter to the Barangay Lupon for


conciliation but it proved futile. Thus, a Certification to File Action
was issued by the Barangay Chairman and a copy of which is
herein attached as Annex “C”.

5. By reason of defendant’s unreasonable failure or refusal to pay


his obligation, plaintiff was forced to engage the services of
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counsel to vindicate her rights thereby committing herself to pay
attorney’s fees of Fifty Thousand Pesos (P50,000.00).

WHEREFORE, it is most respectfully prayed of this Honorable


Court that judgment be rendered in favor of the plaintiff ordering
defendant to pay the former as follows:
1. The sum of Three Hundred Thousand Pesos (P300,000.00);
2. Fifty Thousand Pesos (P50,000.00) as Attorney’s Fees; and
3. To pay the costs.

Other just and equitable reliefs are also prayed for.

Iloilo City, June 28, 2018.

ATTY. CARDO DALISAY


Counsel for the Plaintiff
Office Address: Lapaz, Iloilo City
Roll of Attorney No.: 0012345
PTR No. 2345/ July 1, 2016/ Iloilo
City
IBP No. 8573/June 2, 2013/ Iloilo
City
MCLE No. IV-89063, January 1,
2018

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REPUBLIC OF THE PHILIPPINES )
CITY OF ILOILO ) SS.
x ------------------------------- x

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, MARIETTA LEMERY, of legal age, after having been duly sworn


in accordance with law, depose and state that:

1. I am the plaintiff in the above-stated case;


2. I caused the preparation of the foregoing complaint;
3. I have read and understood its contents and the allegations
therein are true and correct based on my own personal
knowledge and/or based on authentic records;

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4. I have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report
that fact within 5 days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 28th day


of June, 20018.

MARIETTA LEMERY
Affiant

SUBSCRIBED AND SWORN to before me this 28th day of June


2018, in Iloilo City, Philippines. Affiant exhibited her Non-Professional
Driver’s License numbered 100001, to expire on December 31, 2018,
issued by the Land Transportation Office, as competent proof of her
identity.

Doc. No. : 1 ATTY. JUAN DELA CRUZ


Page No. : 1 Notary Public, Iloilo City
Book No.: 1 Commission Serial No.
012345 until Series: 2018 December 21, 2021
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Office Address: Molo, Iloilo City
Roll of Attorney No. 1468596
PTR No. 1440/July 17, 2017/Iloilo
City
IBP No. 7788/June 2, 2013/Iloilo
City
MCLE No. IV-81123, January 1,
2018