REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY BRANCH ___139__

Vincent Verzosa
Plaintiff, CIVIL CASE NO. 100991

- versus – FOR: SUM OF MONEY

John Mark,
Defendant.

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

COMPLAINT

Plaintiff, by counsel, respectfully states that:

THE PARTIES

1. Plaintiff is a Filipino, of legal age, and resident of 101 Padre

Zamora Street Ayala Heights Quezon City;

2. Defendant is also a Filipino, of legal age, and resident of 72 Mt.

Vernon Street Filinvest 1 Quezon City where he may be served with
summons and other court processes.
THE FACTS
3. Sometime in October 15, 2016 and over a period of one (1) year,
Defendant borrowed money from Plaintiff worth Five Hundred
Thousand Pesos ( P 500,000). Defendant promised to pay this
amount with Twelve Percent interest per annum ( 12% ).

4. Despite repeated demands, both oral and written, defendant failed

or has refused to pay the amount plus interest to plaintiff. A copy of
plaintiff's demand letter is attached as ANNEX “A” and made an
integral part of this complaint.

5. Since both parties live in different Barangay, no barangay

conciliation was needed and parties did not agree to submit it thereto.

6. Defendant's obligation is due and demandable and plaintiff is

entitled to the payment of the entire amount of Five Hundred
Thousand Pesos (P 500,000) plus Twelve Percent interest per
annum ( 12% ).
7. By reason of defendant's failure or refusal to pay his due and
demandable obligation, plaintiff was forced to engage the services of
counsel to vindicate his rights thereby commiting himself to pay legal
expenses amounting to Ninety Thousand Pesos (P90,000)
PRAYER

WHEREFORE, plaintiff respectfully prays for judgment in his

favor through a Decision directing defendant to pay him Five Hundred
Thousand Pesos (P500,000) with Twelve Percent interest per annum
( 12% ) and Ninety Thousand Pesos (P90,000) as Attorney's Fees.

Plaintiff prays for such other and further reliefs as may be

deemed just and equitable in the premises.

Quezon City, October 20, 2017

George Garcia
Counsel for Plaintiff
3 Ilagan Street San Francisco Del Monte Quezon City
Attorney's Roll No. 36589
IBP No. 23455-01/03/18-Quezon City
PTR No. 12345-01/03/18-Quezon City
MCLE Compliance No. II-0001236- Nov.17,2018

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, Vincent Verzosa, of legal age, after having been duly sworn,
depose and state that:
I am the Plaintiff in the foregoing Complaint for Sum of Money.
I caused the preparation of the Complaint, which I have fully read
and understood.

I Hereby affirm that all factual allegations contained in said

Complaint are true and correct of my own personal knowledge and
belief, as well as true and correct on the basis of authentic
documents and records in my possession.
I certify that I have not heretofore commenced any action or
filed any claim involving the same issues in ay court, tribunal, or
quasi-judicial agency.
If I should hereafter learn that any other similar action or claim
has been filed or is pending I shall reporst the fact within five (5) days
from knowledge thereof to this Honorable Court.

Vincent Verzosa
 SUBSCRIBED AND SWORN to before me, this 20 th day of
October 2018 at Quezon City. Affiant exhibited to me his governemnt
issued identification.

NOTARY PUBLIC

Atty. Jose Santos

NOTARY PUBLIC
VALID UNTIL JANUEARY 20,2020
COMMISSION NO. 2018-127
UNIT 4 AVIDA TOWER
ROLL OF ATTORNEY NO. 371000
TIN 119-852-401-000
IBP NO. 9310014
PTR NO. 9323146
MCLE NO. 1A456

Doc No. _____

Page No. ______
Book No. ______
Series of 2018
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY BRANCH ___139__

Vincent Verzosa
Plaintiff, CIVIL CASE NO. 100991

- versus – FOR: SUM OF MONEY

John Mark,
Defendant.

ANSWER
(WITH COUNTER CLAIM)

DEFENDANT, through counsel, by way of answer to plaintiff's complaint,

respectfully states that:

Admissions/Denials

1. He admits the allegations in paragraph 2 of the Complaint regarding his personal

circumstances;

2. He is without knowledge or information to form a belief as to the truth of the

allegations in paragraphs 1, 4, 5, and 6 of the Complaint;

3. He specifically denies each and every material allegation in paragraph 3 of the

Complaint, since such a allegations are maliciously false and meant only to unjustly
enrich Plaintiff at Defendant's expense. The truth is the principal obligation amounts to
only Two Hundred Thousand Pesos (P200,000), but due to unconscionable interests
and other charges, Defendant was deceived into signing a receipt that showed, as
Defendant much later learned, the aggregate amount of the indebtedness to be Five
Hundred Thousand Pesos (P500,000) with Twelve Percent interest per annum ( 12% )
and other charges;

Special and Affirmative Defenses

4. The complaint does not state a cause of action and is a sham pleading;

4.1 On or about October 15, 2016, Defendant incurred and indebtedness of Two
Hundred Thousand Pesos (P200,000) with Plaintiff.

4.2 Due to a close and long relationship with Plaintiff, Defendant was deceived into
4.3 Upon securing the receipt much later, Defendant discovered to his utter surprise
that the rate of interest indicated on the receipt is twenty (20%) percent per month, or
two hundred forty (240%) percent per annum;

4.4 Defendant was perplexed that their plaintiff demanded payment of the debt despite
the fact that he already paid the plaintiff P300,000, more than the principal obligation of
P200,000. ( Photocopies of payment receipts are hereto attached as Annex “A” and are
made an integral part of this Answer )

Counterclaim

5. Defendant additionally submits that he is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:

5.1 Moral Damages amounting to Fifty Thousand Pesos (P50,000) because his name
and reputation were besmirched by this malicious and baseless suit.

5.2 Despite full payment by Defendant of the principal obligaiton, Plaintiff has instituted
the instant malicious suit which compelled Defendant to engage the services of
counsel, in order to protect Defendant's interest, for and agreed professional fee of
P200,000, plus an appearance fee of P5,000 per hearing

5.3 Defendant also incurred other litigation expenses in the sum of P50,000. For all of
said fee and litigation expenses, Plaintiff should be adjudged liable to Defendant.

WHEREFORE, Defendant respectfully prays that judgment be rendered in his

favor by dismissing the complaint and grating defendant's counterclaim by awarding
defendant; (a) Fifty Thousand Pesos ( P50,000 ) as Moral Damages, and (b) Two
Hundred Thousand Pesos ( P200,000 ) plus Five Thousand Pesos ( P5,000 ) for every
hearing attended by Defendant's counsel as Attorney's Fees.

Other just and equitable reliefs are prayed for.

Quezon City, October 27, 2017

 Salvador Panalo
Counsel for Defendant
6-E Baguio Road Philam Homes Quezon City
Attorney's Roll No. 56247
IBP No. 313456/January 19,2017/Quezon City
PTR No. 012346/January 22, 2017/Quezon City
MCLE No. 261778/April 8 2017

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, JOHN MARK, of legal age, after having been duly sworn, depose and state that:
I am the Plaintiff in the foregoing Complaint for Sum of Money.
I caused the preparation of the Complaint, which I have fully read and understood.

I Hereby affirm that all factual allegations contained in said Complaint are true
and correct of my own personal knowledge and belief, as well as true and correct on
the basis of authentic documents and records in my possession.
I certify that I have not heretofore commenced any action or filed any claim
involving the same issues in ay court, tribunal, or quasi-judicial agency.
If I should hereafter learn that any other similar action or claim has been filed or is
pending I shall reporst the fact within five (5) days from knowledge thereof to this
Honorable Court.

JOHN MARK

Copy furnished through personal service:

Atty. George Garcia

Counsel for Plaintiff
3 Ilagan Street San Francisco Del Monte Quezon City
Attorney's Roll No. 36589
IBP No. 23455-01/03/18-Quezon City
PTR No. 12345-01/03/18-Quezon City
MCLE Compliance No. II-0001236- Nov.17,2018
 PROOF OF SERVICE

I, Bong Blanco, messenger of Atty. Salvador Panalo, herein counsel for Defendant
John Mark, hereby certify that I personally delivered Defendant's Answer dated
October 28, 2017 to Plaintiff Vincent Verzosa with address at 101 Padre Zamora Street
Ayala Heights Quezon City. The Answer was received by plaintiff himself.

Bong Blanco
SUBSCRIBED AND SWORN to before me, this 15 day of November 2017 at Quezon
City. Affiant exhibited to me his governemnt issued identification.

NOTARY PUBLIC

Atty. Jose Santos

NOTARY PUBLIC
VALID UNTIL JANUEARY 20,2020
COMMISSION NO. 2018-127
UNIT 4 AVIDA TOWER
ROLL OF ATTORNEY NO. 371000
TIN 119-852-401-000
IBP NO. 9310014
PTR NO. 9323146
MCLE NO. 1A456

Doc No. _____

Page No. ______
Book No. ______
Series of 2018

Copy furnished through personal service:

Atty. George Garcia

Counsel for Plaintiff
3 Ilagan Street San Francisco Del Monte Quezon City
Attorney's Roll No. 36589
IBP No. 23455-01/03/18-Quezon City
PTR No. 12345-01/03/18-Quezon City
MCLE Compliance No. II-0001236- Nov.17,2018
Pre-Trial Brief Plaintiff side

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY BRANCH ___139__

Vincent Verzosa
Plaintiff, CIVIL CASE NO. 100991

- versus – FOR: SUM OF MONEY

John Mark,
Defendant.

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

PRE – TRIAL BRIEF

PLAINTIFF, through counsel and unto this Honorable

Court respectfully submits herein Pre-Trial Brief declaring
the following:

I. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably,

subject to a concrete proposal that is fair and reasonable
and a reciprocal manifestation of openness from defendant,

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil

Procedure, Plaintiff respectfully submits that the desired
terms of any amicable settlement would involve, first, an
admission of amount due and owing to plaintiff and, second,
a schedule of payments.

1.3. Plaintiff is willing to submit itself to mediation and

other alternative modes of dispute resolution.
II. BRIEF STATEMENT OF THE CASE AND CLAIMS OF
THE PARTIES

2.1 This is a case for collection of sum of money

amounting 500,000 with interest at 12% percent per annum
arising from a debt as evidenced by a promissory noted
signed by the Defendant.

2.2 Plaintiff seeks principally to recover the amount of

P500,000 with interest at 12% percent per annum.

2.3 Plaintiff also seeks other and further reliefs as may

be deemed just and equitable in the premises

III. STIPULATION OF FACTS AND OTHER MATTERS

ADMITTED BY THE PARTIES

3.1. The following facts are admitted:

3.1.1. Personal Circumstances of the Parties;

3.1.2 Existence of a promissory note
3.1.3 Existence of a stipulated interest
3.1.4 Existence of a demand letter to pay the obligation
3.1.5 Defendant’s delay in paying the obligation.

IV. ISSUES TO BE TRIED

4.1 Plaintiff respectfully submits that the issues on this case

is:

4.1.1 Whether plaintiff is entitled for payment of debt

amounting to P500,000 with an interest at 12%
per annum?

4.1.2 Whether defendant is liable due to the delay of

payment of the obligation.
V. EVIDENCE

5.1 Plaintiff will present the following documents as

evidences:

5.1.1 Exhibit “A” - Promissory Note

5.1.2 Exhibit “B” - Receipt of payment
5.1.3 Exhibits “C” - Demand Letter

VI. WITNESSES TO BE PRESENTED

Plaintiff himself- to testify on the materials allegations,

causes of action, and claims as set forth in the Complaint

VII. RESORT TO DISCOVERY

6.1 Considering the relatively simple issues presented,

plaintiff does not intend to avail of discovery at this
time;

6.2 Subject, however, to a concrete and reasonable

request for discovery from defendant, plaintiff reserves the
right to resort to discovery before trial.

RESPECTFULLY SUBMITTED this 21st of November 2017

Atty. George Garcia

Counsel for Plaintiff
3 Ilagan Street San Francisco Del Monte Quezon City
Attorney's Roll No. 36589
IBP No. 23455-01/03/18-Quezon City
PTR No. 12345-01/03/18-Quezon City
MCLE Compliance No. II-0001236- Nov.17,2018
 Notice of Hearing

THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 139 Quezon City

Please submit the foregoing Motion toh the Court for its consideration
and approval immediately upon receipt hereof and kindly include the
same in the court's calendar for hearing on November 28, 2017 at
8:30 in the morning

Atty. George Garcia

Counsel for Plaintiff
Copy furnished through personal service:

Salvador Panalo
Counsel for Defendant
6-E Baguio Road Philam Homes Quezon City
Attorney's Roll No. 56247
IBP No. 313456/January 19,2017/Quezon City
PTR No. 012346/January 22, 2017/Quezon City
MCLE No. 261778/April 8 2017
Pre-Trial Brief Defendant side

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY BRANCH ___139__

Vincent Verzosa
Plaintiff, CIVIL CASE NO.
100991

- versus – FOR: SUM OF

MONEY

John Mark,
Defendant.

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

PRE – TRIAL BRIEF

DEFENDANT, through counsel, respectfully submits her
Pre-trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

1.1. Subject to a concrete proposal that is fair and

reasonable and a reciprocal manifestation of opennes from
plaintif, defendant is open to the possibility of amicably
settling this dispute.

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil

Procedure, Defendant respectfully submits that the desired
terms of any amicable settlement would involve, first, an
admission of amount due and owing to plaintiff and, second,
a schedule of payments.
 II. BRIEF STATEMENT OF THE CASE AND CLAIMS OF
THE PARTIES

2.1 Plaintiff seeks principally to recover the amount of

P500,000 with interest at 12% percent per annum arising
allegedly from a promissory note.

2.2 Defendant resists plaintiff's claims based on a

failure to state a cause of action because of:

2.2.1 Extinguishment of the alleged claim by

payment of the principal amounting
to P300,000.

2.3 Defendant also interposed a compulsory counterclaim for

Fifty Thousand Pesos (P50,000) for moral damages and
Two Hundred Thousand Pesos (P200,000) as attorney's
fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE

PARTIES

3.1. Defendant admits only those facts state in his Answer.

i.e., his personal

3.2 Subject to a concrete proposal for stipulation of

additional facts from plaintiff during pre-trial or even
thereafter, defendant admits no other facts stated in the
Complaint

IV. ISSUES TO BE TRIED

4.1 Plaintiff respectfully submits that the issues on this case

is:

4.1.1 Whether plaintiff is entitled for payment of debt

amounting to P500,000 with an interest at 12%
per annum?
 4.1.2 Whether defendant is liable due to the delay of
payment of the obligation.
 V. EVIDENCE

5.1 Defendant intends to present the following

witnesses Plaintiff will present the following documents as
evidences:

5.1.1. Defendant himself sho will testify on the truc

circumstacne leading to the filling of this suit
against her;

5.1.2. A classmate of defendant with personal

knowledge as to the true circumstances behind
the alleged obligations due and owing in favor of
plaintiff.

5.2 Defendant reserves the right to present any and all

documentary evidence which shall become relevant to rebut
plaintiff's claims in the course of trial as well as any other
witnesses whose testimony whose testimony will become
relevant to belie plaintiff's witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1 Considering the relatively simple issues presented,

defendant does not intend to avail of discovery at this time;

6.2 Subject, however, to a concrete and reasonable

request for discovery from plaintiff, defendant reserves the
right to resort to discovery before trial.

RESPECTFULLY SUBMITTED this 21st of November 2017

Salvador Panalo
Counsel for Defendant
6-E Baguio Road Philam Homes Quezon City
Attorney's Roll No. 56247
IBP No. 313456/January 19,2017/Quezon City
PTR No. 012346/January 22, 2017/Quezon City
MCLE No. 261778/April 8 2017
 Notice of Hearing

THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 139 Quezon City

Please submit the foregoing Motion toh the Court for its consideration
and approval immediately upon receipt hereof and kindly include the
same in the court's calendar for hearing on November 28, 2017 at
8:30 in the morning

Atty. Salvador Panalo

Counsel for Defendant
Copy furnished through personal service:

Atty. George Garcia

Counsel for Plaintiff
3 Ilagan Street San Francisco Del Monte Quezon City
Attorney's Roll No. 36589
IBP No. 23455-01/03/18-Quezon City
PTR No. 12345-01/03/18-Quezon City
MCLE Compliance No. II-0001236- Nov.17,2018
 COMPROMISE AGREEMENT

This Agreement is entered into this 6 th of November 2017, in

Quezon City by and between:

Vincent Verzosa, 28 years old, Filipino, single, residing 101

Padre Zamora Street Ayala Heights Quezon City, hereafter referred

to as the FIRST PARTY;

AND

John Mark, 27 years old, Filipino, single, residing at 72 Mt.

Vernon Street Filinvest 1 Quezon City, hereafter referred to as the

SECOND PARTY.

WITNESSETH, THAT:

WHEREAS, FIRST PARTY and SECOND PARTY are the plaintiff

and defendant in the Civil Case No. 100991 for Collection of Sum of Money

pending before the Regional Trial Court of Quezon City Branch 139

(hereafter the “Case”);

WHEREAS, the Case stemmed from the plaintiff’s issuance of check

to defendant as loan;

WHEREAS, defendant failed to pay the said amount on the date

agreed by parties and upon the complaint of the FIRST PARTY, the Case

was instituted against the SECONDPARTY;

WHEREAS, during the pendency of the Case several opportunities

for discussions and negotiations of a possible compromise on matters that

are allowed to be compromised by existing law were given to the parties by

the court;
 WHEREAS, after such negotiations and discussions the parties

mutually realized and deem it best and convenient to resolve the case in an

amicable manner in order to avoid a protracted litigation;

WHEREAS, the SECOND PARTY had manifested its willingness to

pay the sum of FIVE HUNDRED PESOS (P500,000.00) with a twelve

percent (12%) interest;

WHEREAS, both parties have come to a mutually beneficial

arrangement as to the method of payment and mode of settlement for

its convenient and immediate disposition;

NOW THEREFORE, for and in consideration of the mutual

covenants and agreements herein established, the parties hereto

agree as follows:

AMOUNT OF DAMAGE

FIRST PARTY, by its own independent and voluntary assessment

categorically expresses that the check issued is in the amount of FIVE

HUNDRED THOUSAND PESOS (P500,000.00) and an interest of twelve

percent (12%) per annum which the SECOND PARTY is willing to pay in

two installment and to be deposited to the FIRST PARTY bank account.

Both parties have executed this Agreement by their own

voluntary act and deed and in their mutually agreed terms. Both

parties warrant further, that they did so with the full understanding

of its nature and its consequence to the pending Case.

VINCENT VERZOSA JOHN MARK

FIRST PARTY SECOND PARTY

Assisted by: Assisted by:

ATTY. GEORGE GARCIA ATTY. SALVADOR PANALO

WITNESSES:

Kim Nadal Paul Masiglat