REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

BRANCH______
CITY OF SAN FERNANDO, PAMPANGA

CASTILLO LENDING INC. represented by

President Emilio P. Castillo
Plaintiff,
Civil Case No.
FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
-- versus ---

ROSADELIA GANDOL
Defendant,

x----------------------------------------------x

COMPLAINT

COMES NOW Plaintiff, by counsel, unto this Honorable Court, most

respectfully states:

1. That plaintiff is a finance and lending corporation duly organized and

existing under the Laws of the Philippines, having its principal office at
Ground Floor, Unit A1, GAN Building, Brgy., San Nicolas, San
Fernando, Pampanga; It is represented by the affiant signatory to the
verification and certification who has been appointed by the Board of
Directors as its duly authorized representative to file this case and to
represent it in all court proceedings. Hereto attached as Annex “A” is
the Secretary’s Certificate incorporating the Board Resolution passed
to that effect.

2. That defendant Rosadelia Gandol, a Filipino, of legal age, whose

addresses are at 1) #467 Kaunlaran Street, National Highschool Tarlac
City 2) Tarlac, Tarlac City Police Station, where he may be served
with summons and other court process.

3. That on June 24, 2013 , the defendant obtained a loan from the
plaintiff in the sum of One Hundred Thousand Pesos (Php 100,000), as
evidence by a promissory note attached herewith as Annex ”B ” with
the following terms and conditions among others:

a. The principal loan obligation shall be payable in four years

from the time of execution of the agreement;

b. The amount of loan obligation shall be paid in equal

instalments of P1,959 every 15th and 30th day of the month
until fully paid. As evidence, a photocopy of the statement of
account is herewith attached and marked respectively as
Annex “C”;

c. The principal loan obligation shall incur an interest of 1.5%

per month;
 d. The loan was to mature on June 24,2017;

4. That as a security for the loan, the respondent surrendered her ATM
Card with SA No. 0077061878 to her creditors to allow them to
withdraw the amount of One Thousand Nine Hundred Fifty Nine Pesos
(Php 1,959) every payday from her salaries deposited with the Land
Bank of the Philippines (LBP). As evidence, a photo copy of the
respondent ATM card is herewith attached and marked as Annex “D”
and made integral part hereof.

5. That defendant undertook that "she will not, for any reason, declare as
lost her ATM card, during the agreement. As evidence, a photocopy of
the affidavit of undertaking is herewith attached and marked as Annex
” E ”.

6. That defendant also executed a Special Power of Attorney authorizing

Mr. Emilio P. Castillo, president of CLI, to withdraw her salary loan
from LANDBANK every payday for the period of four years. As
evidence, a photocopy of the Special Power of Attorney is herewith
attached and marked as Annex ” F ”.

7. That at the first two years of the contract, petitioner was able to
withdraw the amount agreed upon. However, sometime on January
2015, Plaintiff went to the bank to collect the amount due from her
bank account. When the respondent’s ATM card was inserted into the
ATM, it was retained by the ATM with the advisory receipt stating
“Invalid Card.”

8. That it appeared that the defendant reported to the LBP that she had
lost her ATM card. The report enabled her to withdraw her salary over
the counter and led to the issuance of a new ATM card in her favor.

9. That because of that malicious report, plaintiff was not able to

withdraw the amount due on plaintiff’s loan obligation. Thus, plaintiff
verbally demanded an explanation from the defendant, but the
defendant did not answer any phone calls and refuse to show up when
plaintiff’s representatives went to her house.

10 .That on February 26, 2015, defendant personally went to plaintiff’s

office and demanded an additional loan in the amount of Thirty One
Thousand Five Hundred Pesos (Php 31,500) before she will surrender
her ATM card.

11 .That because of trust and confidence, plaintiff granted an additional

loan to Plaintiff. As evidence, a photocopy of a promissory note is
herewith attached and marked as Annex “G”.