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Republic of the Philippines

First Judicial Region


REGIONAL TRIAL COURT
Branch 23
Batac, Ilocos Norte

Sps. RODOLFO GUAZON and


AMELIA GUAZON Civil Case. No. 2015
Plaintiff, for

Collection for
Sum of Money with
-Versus- Damages

Sps. MRS.JOSEFINA SALONGA


(Deceased)
Represented by
Mr. HENRY SALONGA
(Surviving spouse), and
Dr. JESIE SALONGA

Defendants
x---------------------------------------------------x

COMPLAINT

PLAINTIFF through the undersigned counsel and unto this Honorable


Court most respectfully alleges that:

1. RODOLFO GUAZON, Plaintiff is of legal age, married,


Filipino citizen and a resident of Barangay Caunayan, Batac,
Ilocos Norte;

2. AMELIA GUAZON is also of legal age, married, Filipino citizen


and a resident of Barangay Caunayan,Batac, Ilocos Norte. She is
the legal wife and the Attorney-
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Complaint
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in-Fact of the Plaintiff fully authorized as such by virtue of a


Special of Attorney executed by him on October 29, 2014
designated as Doc. No. 213; Page No. 60; Book No. XXXVIII Series
of 2007 by Notary Public xxxx, a copy which is hereto attached and
marked as Annex “A” and is made an integral part of this
Complaint;

3.Defendants DR. JESIE SALONGA AND REV. FATHER JOSE


SALONGA are both of legal ages, single , Filipino citizens, with
postal address at Barangay Caunayan, Batac, Ilocos Norte where
summons, orders and other processes of the court may be served;

4. Plaintiff and Defendants were close family friends the former


being the good friend of their parents, MR.CARLO GUAZON and
the late MRS.JOSEFINA SALONGA

5. Sometime in 2009 Defendant’s mother Mrs. Josefina Salonga


(deceased) came to Complaint to ask for help as she was in dire
need of money for her debts in Baguio City. Out of pity and
because of the fact that they were close family friends, Plaintiff
lend money in the amount of Forty Thousand Pesos (Php
40,000.00) to the Defendant with the agreement that she will pay
the same;

6. The said lending of money was followed months after when


Defendant’s mother decided to apply for a job abroad and was in
need of big amount of money for the processing of her papers. Out
of Plaintiff’s desire to help the Defendant, a total of Sixty Four
Thousand Pesos (Php 64,000.00) has been personally handed to
her by the Complainant on several occasions exclusive of the
money which was initially borrowed for the payment of her debts in
Baguio City;

7. Defendant’s mother was very thankful for the help extended by


the Plaintiff. She promised to pay the amount she borrowed and
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Complaint
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even left words of assurance that she will return all the goodness
done to her when time comes that she will also be of help to
Plaintiff’s family;

8. Sometime 2013, Plaintiff received a text message from


Defendant Dr. JESIE SALONGA asking for financial help. She was
reviewing then in Manila for her medical board exams. Again, due
to his desire to help Defendant Dr., he extended financial help by
lending money by depositing it to the account of the Defendant
doctor and money remittances every time she would ask for
money. Copies of these bank deposit slips and money remittances
are hereto attached and marked as Annexes “B” and series;

9. The Plaintiff would also send money through Mrs. Leslie


Baluyot, wife of his co-worker abroad, who live in Binangonan,
Rizal, to whom Defendant doctor would usually picked and get said
money;

10. A total of Three Hundred Fourteen Thousand Pesos (Php


314,000.00) has been borrowed by the Defendant doctor with the
agreement with the Plaintiff that she will pay the same when she
will be able to look for a job after taking her board exams. She also
promised that she will going to return the favor she has been
receiving from the Plaintiff by helping his children when time
comes that they will also be needing help specially in their
schooling.
These promises were all held by the Plaintiff. He kept in his mind
the fact that he wanted to help and that he also wanted to have the
Defendants to have a good future for the reason that, at that time,
their mother just past away due to sickness and he knows fully
well that they are in financially incapable to support the education
of Defendant doctor;

11. True enough Defendant Dr. was able to pass the medical board
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Complaint
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examination and now employed as a doctor earning as such;

12. Sometime in October 2014, Plaintiff was in dire need as he was


processing his papers in going abroad; he called the Defendants for
them to help him too financially by way of paying even a small
amount of their indebtedness. Their priest brother, Rev. Fr. JOSE
SALONGA together with Defendant Dr. JESIE SALONGA went to
his residence at Caunayan, Batac, Ilocos Norte and promised that
they will pay the amount borrowed within one (1) week from said
date to which the Plaintiff again believed. Unfortunately, the said
date came yet no payment was ever made;

13. Plaintiff even went to the extent of going to Barangay Lapaz,


Laoag City, Ilocos Norte just to ask Rev. Fr.SALONGA of their
failure to make good of their promise when they knew fully well
that the Plaintiff was in hopeful that he will be able to collect from
them on the given date. The good priest gave the assurance to the
Plaintiff that they will pay the money borrowed by his sisters;

14. Plaintiff sought for legal advice from Atty. Sudayon and the
undersigned. The parties are both close friends; hence, they
initially tried to settle the issue by scheduling a pre litigation
conference between and among them on October 31, 2014 at the
office of the undersigned;

15. The said conference was attended by the parties including the
wife of the Plaintiff, and the father of the Defendants. There, an
agreement of both parties has been arrived at that the Defendants
will be going to pay the total amount of Four Hundred Twenty
Thousand Pesos (Php 420,000.00) within one (1) year from said
date on installment basis. The affidavit of Atty. Sudayon who
facilitated the pre litigation conference shall be submitted before
this Honorable Court to prove the veracity of this allegation, during
the trial proceedings of this case;
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Complaint
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16. On December 2014, Plaintiff experienced financial problems


and was in dire need hence, wanted to collect from Defendants of
their initial installment. A demand letter dated December 9, 2014
has been sent by the undersigned for the Defendants, relative to
the said intention to collect, a copy of which including the return
card are hereto attached and marked as Annex “C” and series;

18. A letter from the Defendants dated January 2, 2015 however


has been received by the undersigned stating among others that
they no longer acknowledge any obligation in favor of the Plaintiff
to his prejudice. A copy of said letter is hereto attached and
marked as Annex “D”;

19. With the ultimate intention not to bring the instant case before
this Honorable and to have the same settled, the undersigned sent
another demand letter to remind the Defendants of their agreement
last October 31, 2014 but in a letter dated March 18, 2015,
Defendants totally denied their obligation and manifested their
desire to controvert the Plaintiff’s claim in the proper forum. A
copies of the letters are hereto attached and marked as Annexes
“E” and series and “F” and series respectively;

20. Demands indeed were made for the payment of the said loan
but the same fell into the deaf ears of the Defendants. They
refused and still refuse to pay the indebtedness to the prejudice of
herein Plaintiff;

21. That although there was no written agreement as to the loan


obtained by the Defendants because of the trust and confidence
reposed upon them by the Plaintiff, justice and equity would
dictate that they should pay the said indebtedness because they
should not unjustly enriched themselves at the expense of herein
Plaintiff;
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Complaint
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22. That due to the unlawful refusal to pay of the Defendants ,


Plaintiff incurred and suffered actual damages the amount of
which shall be proved during the proceedings of the instant case;

23. That Plaintiff also suffered sleepless nights, wounded feelings,


anxiety and fright the amount of which is left to the sound
discretion of the court;

24. That as further consequence of the Defendants unlawful and unjust


refusal to pay, the Plaintiff was constrained to seek he services of a
counsel to litigate his case and to protect his rights of which Defendants
must pay to Plaintiff in the concept of legal expenses and Attorney’s fees
the amount of which is left to the discretion of the court.

PRAYER
WHEREFORE, WITH ALL THE FOREGOING, it is respectfully prayed this
Honorable Court that judgment be rendered in favor of herein Plaintiff and
against the Defendants and to:

1. Order Defendant Mrs. JOSEFINA SALONGA (deceased)


represented by Mr. HENRY SALONGA (surviving spouse) to pay
the amount of One Hundred Six Thousand Pesos (Php
106,000.00) plus legal interest thereon counted or reckoned with
from the filing of this Complaint until the total amount is paid;

2. Order Defendant Dr. SALONGA to pay the amount of One


Hundred Three Hundred Fourteen Thousand Pesos (Php
314,000.00) plus legal interest thereon counted or reckoned with
from the filing of this Complaint until the total amount is paid;

3. Order the Defendants to pay Plaintiff actual, moral and attorney’s


fees the amount of which is left to the sound discretion of this
Honorable Court;
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Complaint
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4. Respondents to pay the costs of suit.

Other reliefs and remedies available under the circumstances are


likewise prayed for.
This 21st day of September, 2015 at Batac, Ilocos Norte, Philippines.

Sudayon, Rhina
Counsel for Plaintiff