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Republic of the Philippines REGIONAL TRIAL COURT Quezon City Branch 89 LIBERTY AGUILAR Plaintiff, -versusCIVIL CASE NO.

Q-10-14344 For: Collection of Sum of Money

MARTIN ANONUEVO Defendant. x-----------------------------------------------------------------------------------------------------------------x

COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 1. Plaintiff LIBERTY AGUILAR is of legal age, Filipino citizen, and currently residing at #346 San Antonio Heights Subdivision, Barangay Culiat, Quezon City. 2. Defendant MARTIN ANONUEVO is likewise of legal age, married, Filipino citizen and is a resident of #351 San Antonio Heights Subdivision, Barangay Culiat, Quezon City, where he may be served with summons and other processes by this Honorable Court. 3. The premises which led to the filing of this case started sometime March 3, 2010, when defendant Martin Anonuevo approached plaintiff Liberty Aguilar to borrow money in the amount of Five Hundred Thousand Pesos (Php 500,000.00), with the promise to pay the same on or before December 15, 2010 as evidenced by a promissory note which is hereto attached as Annex A hereof. Portion of the promissory note is hereby reproduced to wit: March 3, 2010 I promise to pay Liberty Aguilar the amount of Five Hundred Thousand Pesos (Php 500,000.00) on or before December 15, 2010, without need of prior demand. xxx (signed) Martin Anonuevo 4. The plaintiff, finding it in her compassionate heart to help a neighbor, accommodated herein defendant and lend him Five Hundred Thousand Pesos (Php 500,000.00), with the agreement that the same amount shall be paid in full by herein defendant on or before the stated date in the promissory note. 5. After the lapse of the period agreed upon, defendant failed to pay the full amount of the loan as agreed. 6. Plaintiff, through her counsel, was constrained to send herein defendant a demand letter, demanding for the payment of the amount of Five Hundred Thousand Pesos (Php
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500,000.00). Said demand letter was served to defendant through registered mail and received by one Carmen Plaza on April 25, 2011. Copy of said letter is hereto attached as Annex B. 7. That despite repeated demands orally and in writing, defendant ignored, refused and continuously fail to pay the amount of Five Hundred Thousand (Php 500,000.00) to the damage and prejudice of herein plaintiff. The said amount was saved and is supposed to be used by plaintiff as additional capital funds for their family business. 8. As a result of the unwarranted and unjustifiable refusal of defendant to pay the plaintiff the said amount and interest, plaintiff was unable to meet some payment deadlines to their family business creditors, causing her actual damage and besmirched reputation, as well as suffering sleepless nights, and serious anxiety, in which she should be awarded the amount of Fifty Thousand Pesos (Php 50,000.00) for actual damages, and another Fifty Thousand Pesos (Php 50,000.00) as moral and exemplary damages. WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered as follows: 1. Ordering the defendant to pay the plaintiff the amount of Five Hundred Thousand Pesos (Php 500,000.00) representing the loaned amount; 2. Ordering the defendant to pay the plaintiff legal interest of six percent (6%) of the total amount for every month of delay to be counted from the date of default; 3. Ordering the defendant to pay the plaintiff the amount of Fifty Thousand Pesos (Php 50,000.00) for actual damages, and another Fifty Thousand Pesos (Php 50,000.00) as moral and exemplary damages. 4. Ordering the defendant to pay the cost of suit.

Quezon City, May 19, 2011.


VILLANUEVA-SALVATIERRA AND CARBONELL LAW OFFICE Counsel for the Plaintiff Suite 143 Larossa Condominium No. 44 Capitol Hills, Quezon City By: LEA VILLANUEVA-SALVATIERRA
IBP Lifetime No. 9320311/Quezon City PTR No. 264992/02-14-2011/Q.C. Roll No. 60165 MCLE COMPLIANCE NO. II-2000165

And: JERRY MARC CARBONELL


IBP NO. 779719 / 01.04.10 / CAVITE PTR NO. 31757666 / 01.04.10 / Q.C. Roll No. 69999 MCLE COMPLIANCE NO. II-00069999

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VERIFICATION/CERTIFICATION OF NON- FORUM SHOPPING Republic of the Philippines) Quezon City )S.S. I, LIBERTY AGUILAR, of legal age, Filipino citizen, and currently residing at #346 San Antonio Heights Subdivision, Barangay Culiat, Quezon City, after having been duly sworn to in accordance with law do hereby depose and say: 1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing COMPLAINT and have read the allegations contained therein; 3. The allegations in the said complaint are true and correct of my own knowledge and authentic records; 4. I hereby certify that I have not commenced any other action or proceeding involving the same issues in the Supreme Court, Court of Appeals, or any other tribunal or agency; 5. That if I should thereafter learned that a similar action or proceedings has been filed or is pending before the Supreme Court, Court of Appeals, or any other tribunal agency, I hereby undertake to report that fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed; 6. I execute this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Administrative Circular No. 04-94 of the Honorable Supreme Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this 19th day of May 2011, in Quezon City, Philippines.

LIBERTY AGUILAR Affiant

SUBSCRIBED AND SWORN to before me this 19th day of May 2011, in Quezon City, affiant exhibiting to me her Community Certificate No. 123456789 issued at Quezon City on March 20, 2011.

Doc. No. _____; Page No. _____; Book No. ____; Series of 2011.

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