For Collection of Sum of Money

Republic of the PhilippinesMETROPOLITAN TRIAL COURTNational Capital Judicial Region

Branch ____, Quezon City

NAPOLEON C. GATMAITANPlaintiff,

-versus-

EDGARDO S. SANTOSDefendant.

CIVIL CASE NO. _____For: Collection of a Sum of

Money

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COMPLAINT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable

Court, respectfully alleges:

1. That Plaintiff is of legal age, Filipino, married to Nancy A.

Gatmaitan, and with residence at # 11 Bohol St., Barangay

Horseshoe, Quezon City;

2. That Defendant is likewise of legal age, Filipino, married

and with residence at # 15 Bohol St., Barangay Horseshoe, Quezon

City, where he could be served with summons and other processes of

the Court;

3. That the above-named spouse of Plaintiff is the erstwhile

business partner of the defendant from year 2007 to 2009;

4. That in the course of their business, the plaintiff’s spouse

made financial contributions through the request and assurances of

the defendant that such amount will be repaid. That however, after

several months and upon inquiry, plaintiff’s spouse found out that

defendant misappropiated the financial investments made for his own

personal use. That despite demands, defendant failed to remit to

and/or settle with the plaintiff’s spouse the aggregate amount of

Ninety Eight Thousand Seven Hundred Pesos (P98,700.00);

5. That in recognition of defendant’s obligation in favor of

plaintiff’s spouse, the former executed an Acknowledgement of Debt

in favor of the plaintiff on January 26, 2008, a photocopy of which is

attached hereto as Annex “A”;

6. That by reason of the kindness and generosity of plaintiff’s

spouse, defendant’s obligation through the Acknowledgement was

reduced to the sum of Sixty Thousand Pesos (P60,000.00), and

transferred in favor of the plaintiff as formalized n a duly-notarized

Loan Agreement entered by and between the plaintiff and the

defendant on January 29 2008, a photocopy of which is hereto

attached as Annex “B”;

7. That part of said Loan Agreement is the obligation of the

defendant-debtor to pay the plaintiff-creditor the amount of Two

Thousand Five Hundred Pesos (P2,500.00) in monthly installments

for thirty six (36) months, in the form of cash from February 2008 to

March 2011, and in the form of post-dated checks from February 2008

onwards up to the full satisfaction of said loan, including interest, set

at two percent (2%) per month;

8. That after paying Two Thousand Five Hundred Pesos

(P2,500.00) in February 2008 and One Thousand Five Hundred Pesos

(P1,500.00) only in March 2008 the defendant-debtor has started

defaulting in the payment of his due accounts;

9. That plaintiff-creditor sent separate letters (dated April 7,

2008 and May 21, 2008) to the defendant-debtor containing a demand

for the payment of his outstanding payable, photocopies of which are

hereto attached as Annexes “C” and “C-1”;

10. That the continued refusal of defendant to settle his

account prompted the plaintiff-creditor to lodge a complaint with the

barangay officials of Barangay Horseshoe, Quezon City. A Certificate

to File Action, copy of which is hereto attached as Annex “D,” was

subsequently issued for failure of the parties to come to an

Agreement.

11. That on June 1, 2008 a final demand letter was sent to the

defendant-debtor for the payment of his outstanding payable up to

July 2008, which however, was left unheeded, a photocopy of which is

hereto attached as Annex “E”;

12. That the demand letter was duly received by defendant

thru his wife Mrs. Veronica A. Santos on June 3, 2008, as shown by a

Certification dated June 25, 2008 issued by the Quezon City Central

Post Office, copy of which is hereto attached as Annex “F”;

13. That defendant-creditor has, as of this date, defaulted in

the payment of an aggregate amount of Twenty-six Thousand Pesos

(P26,000.00);

14. That notwithstanding plaintiff-creditor’s repeated oral and

written demands, defendant-debtor failed and refused and still fails

and refuses to heed to the former’s just and valid demands, leaving

the plaintiff no other recourse but to litigate and file this acton.

15. That by reason of defendant’s unjustified acts as well as

bad faith and intentional refusal to pay his overdue obligation,

Plaintiff is entitled to the award of moral damages in the amount of

P5,000.00;

16. That by reason of defendant’s violation and disregard of

Plaintiff’s rights, the award of exemplary damages in the amount of

P5,000.00 is likewise warrant to serve as a deterrent to the

commission by the defendant and to others similarly-minded of similar

acts in the future.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed of this Honorable Court that, after due hearing,

judgment be rendered against the defendant ordering the latter to pay

the plaintiff as follows:

1. The amount of TWENTY SIX THOUSAND PESOS

representing the unpaid monthly installments due under the Loan

Agrement dated August 6, 2005;

2. The amount of P5,000.00 as and by way of moral

damages;

3. The amount of P5,000.00 as and by way of exemplary

damages;

4. Cost of suit.

Other reliefs just and equitable under the premises are likewise

prayed for.

Quezon City,______________

Atty. ANGELICO ZENON M. DELOS REYES Counsel for the Plaintiff

Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon CityRoll No. 76430 IBP No. 352980 dated 1-2-08

MCLE Compliance No. 11-00043527

VERIFICATION/CERTIFICATIONOF NON-FORUM SHOPPING

I, NAPOLEON C. GATMAITAN, Filipino, of legal age with address at #11 Bohol St., Barangay Horseshoe, Quezon City after having been duly sworn on accordance with law depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the foregoing Complaint and I have read the allegations therein and certify that the same are true and correct of my own personal knowledge;

3. That I further certify that I have not commenced any other action involving the same issues before the Supreme Court, Court of

Appeals or any division thereof or any tribunal or agency; and to the best of my knowledge no such action is pending before the Supreme Court, Court of Appeals or any division thereof or any tribunal or agency;

4. That in the event that any action involving the same should be made known, I hereby bind myself to report the same within five (5) days from knowledge thereof to this Honorable Court.

WITNESS WHEREOF, I hereunto set my hand this _______ day of ________, ________ at Quezon City, Metro Manila, Philippines.

NAPOLEON C. GATMAITANPlaintiff

SUBSCRIBED AND SWORN TO before me this ______ day of ______, ______ at Quezon City, affiant having exhibited to me her CTC No. ___________ issued on __________ at __________.

NOTARY PUBLIC

Doc. No._____Page No. ____Book No. _____Series of _____

Republic of the PhilippinesREGIONAL TRIAL COURT

National Capital Judicial RegionBranch ____, Quezon City


-versus-



Money

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MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE

PLEADING

COMES NOW the Defendant, by the undersigned counsel, and

unto this Honorable Court, respectfully moves:

1. The Complaint in this matter was served on Edgardo S. Santos

on

_______________________, making his Answer due on

____________________;

2. Due to the scheduling logistics of undersigned counsel,

Defendant need and respectfully request a short extension in which to

file his Answer to the Complaint;

3. Undersigned counsel request a two-week extension, making his

Answer due on ___________________.

WHEREFORE, Defendant herein and undersigned counsel

respectfully request a two-week extension from__________ to _________

in which to file their Answer to the Complaint.

Quezon City, __________________

ATTY. LOUISE MARIE S. PEREZCounsel for Defendant

Citibank Tower Eastwood City Bagumbayan, Quezon CityRoll No. 87432 IBP No. 863992 dated 1-5-10


NOTICE OF HEARING

To: Atty. Angelico Zenon M. Delos ReyesCounsel for the PlaintiffPhoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City

Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion for Extension of Time to File Responsive Pleading.

ATTY. LOUISE MARIE S. PEREZ

Counsel for DefendantCitibank Tower Eastwood City

Bagumbayan, Quezon CityRoll No. 87432 IBP No. 863992 dated 1-5-10


COPY FURNISHED:

Atty. Angelico Zenon M. Delos ReyesCounsel for the PlaintiffPhoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City

EXPLANATION

The foregoing Motion for Extension of Time to File Responsive

Pleading has been served on Plaintiff’s counsel by registered mail due

to lack of time and personnel to effect personal delivery.





-versus-



Money

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MOTION FOR BILL OF PARTICULARS


unto this Honorable Court, respectfully alleges:

1. That the plaintiff's complaint in its paragraphs 3 to 6 alleges:

“3. That the above-named spouse of Plaintiff is the erstwhile

business partner of the defendant from year 2007 to 2009;

4. That in the course of their business, the plaintiff’s spouse

made financial contributions through the request and assurances of

the defendant that such amount will be repaid. That however, after

several months and upon inquiry, plaintiff’s spouse found out that

defendant misappropiated the financial investments made for his own

personal use. That despite demands, defendant failed to remit to

and/or settle with the plaintiff’s spouse the aggregate amount of

Ninety Eight Thousand Seven Hundred Pesos (P98,700.00);

5. That in recognition of defendant’s obligation in favor of

plaintiff’s spouse, the former executed an Acknowledgement of Debt

in favor of the plaintiff on January 26, 2008, a photocopy of which is

attached hereto as Annex “A”;

6. That by reason of the kindness and generosity of plaintiff’s

spouse, defendant’s obligation through the Acknowledgement was

reduced to the sum of Sixty Thousand Pesos (P60,000.00), and

transferred in favor of the plaintiff as formalized n a duly-notarized

Loan Agreement entered by and between the plaintiff and the

defendant on January 29 2008, a photocopy of which is hereto

attached as Annex “B”;”

2. That said allegations are insufficient and defective in that it fails

to specify the genuineness and authenticity of documents and the

exact circumstances which actually prevailed;

3. That a more definite statement on the matter as above indicated

is necessary in order to enable the defendant to properly prepare his

responsive pleading.

WHEREFORE, it is respectfully prayed that an Order be issued by

this Honorable court requiring the Plaintiff to make more definite and

certain his complaint in the particulars above indicated.

Quezon City, __________________


Counsel for DefendantCitibank Tower Eastwood City Bagumbayan, Quezon City

Roll No. 87432 IBP No. 863992 dated 1-5-10MCLE Compliance No. 11-00083469

NOTICE OF HEARING


Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion for Bill of Particulars.


Citibank Tower Eastwood City Bagumbayan, Quezon City


COPY FURNISHED:


EXPLANATION

The foregoing Motion for Bill of Particulars has been served on

the Plaintiff’s counsel by registered mail due to lack of time and

personnel to effect personal delivery.





-versus-



Money

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SECOND MOTION FOR EXTENSION OF TIME

TO FILE RESPONSIVE PLEADING



1. That the extended deadline for the filing of the Defendant’s

Answer is already tomorrow ________________ which was granted by

this Honorable Court as per Order dated ______________;

2. That the undersigned counsel was suddenly stricken by the

dreadful and painful sore-eyes infection last two days ago, Defendant

need and respectfully request another short extension in which to file

his Answer to the Complaint;

3. Undersigned counsel hereby request a two-week extension,

making their

Answer due on ___________________.


respectfully request another two-week extension from__________ to

_________ in which to file their Answer to the Complaint.

Quezon City, __________________




NOTICE OF HEARING


Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Second Motion for Extension of Time to File Responsive Pleading.




COPY FURNISHED:


EXPLANATION

The foregoing Second Motion for Extension of Time to File

Responsive Pleading has been served on Plaintiff’s counsel by

registered mail due to lack of time and personnel to effect personal

delivery.

ATTY. LOUISE MARIE S. PEREZRepublic of the Philippines

METROPOLITAN TRIAL COURTNational Capital Judicial Region



-versus-



Money

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FINAL MOTION FOR EXTENSION OF TIME

TO FILE RESPONSIVE PLEADING



1. That the second extended deadline for the filing of the

Defendant’s Answer is already tomorrow ________________ which was

granted by this Honorable Court as per Order dated ______________;

2. That the undersigned counsel, not yet fully recovered from the

dreadful sore-eyes, conducted an initial interview with the Defendant

for the preparation of his Answer but yesterday, when the draft

pleading will be shown for comments, Defendant failed to arrive at

undersigned’s office because the latter contracted also the same

disease;

3. Undersigned counsel hereby requests a short two-week

extension, making their Answer due on ___________________;

4. That this final request for extension of the hearing is not for

the purpose of delaying the disposition of the case.


respectfully request another two-week extension from__________ to

_________ in which to file their Answer to the Complaint.

Quezon City, __________________




NOTICE OF HEARING


Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Final Motion for Extension of Time to File Responsive Pleading.




COPY FURNISHED:


EXPLANATION

The foregoing Final Motion for Extension of Time to File

Responsive Pleading has been served on Plaintiff’s counsel by


delivery.





-versus-


CIVIL CASE NO. _____ For: Collection of a Sum of Money

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MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,

respectfully alleges:

1. Defendant was served Summons together with a copy of the

Complaint and annexes thereto in the above-entitled case at his

address # 15 Bohol St., Barangay Horseshoe, Quezon City, where he

was residing;

2. Mr. Steven R. Lucas served the Summons on ___________ per

Sheriff's Return of same date attached herewith as Annex “A”;

3. Under Sec. 1 Rule 11 of the Revised Rules of Court of the

Philippines, the defendant has fifteen (15) days after service of

Summons to file his answer to the complaint. More than fifteen (15)

days has lapsed since Summons was served upon the defendant and

up this date, defendant has not filed his answer or any responsive

pleading for that matter;

4. Notwithstanding the fact that the defendant requested and

filed three Motions for extensions of time, still, they failed to file an

Answer on the deadline approved by this Honorable Court as per

Order dated ______________ attached herewith as Annex “B”.

IN VIEW of the failure of the defendant to file his answer or any

responsive pleading, plaintiff respectfully prays to the Honorable

Court to declare the defendant in default pursuant to Sec. 3 Rule 9 of

the Rules of Court.

Other reliefs just and equitable under the premises are likewise prayed for.

Quezon City, ______________________




NOTICE OF HEARING

To: Atty. Louise Marie S. PerezCounsel for the DefendantCitibank Tower Eastwood City Bagumbayan, Quezon City

Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion to Declare Defendant in Default.

ATTY. ANGELICO ZENON M. DELOS REYES

Counsel for PlaintiffPhoenix Sun Business Park E. Rodriguez Jr. Ave.,

Libis, Quezon CityRoll No. 76430 IBP No. 352980 dated 1-2-08


COPY FURNISHED:

Atty. Atty. Louise Marie S. PerezCounsel for the DefendantCitibank Tower Eastwood City Bagumbayan, Quezon City

EXPLANATION

The foregoing Motion to Declare Defendant in Default has been

served on Defendant’s counsel by registered mail due to lack of time

and personnel to effect personal delivery.

Atty. ANGELICO ZENON M. DELOS REYES




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Money

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MOTION TO LIFT ORDER OF DEFAULT

COMES NOW the defendant, EDGARDO S. SANTOS thru the

undersigned counsel and unto this Honorable Court, respectfully

avers:

1. That defendant and undersigned counsel was not able to

timely file an answer for the reason that both suffered a very

infectious disease of sore-eyes from _____________ upto _______________;

2. That undersigned counsel, despite the pain and misery

managed to prepare and draft the Answer but defendant himself

suffered worst and was even confined for three days. A doctor’s

certificate, to attest the truthfulness of this unfortunate event is

hereby attached as Annex “A”;

3. That defendant’s Answer will be filed tomorrow already;

4. That both the defendant and the undersigned counsel is

committed to the speedy disposition of this case.

WHEREFORE, it is respectfully prayed that the order declaring

the defendant in default be lifted and that this Honorable Court allow

the defendant to file an answer to the plaintiff’s complaint.

Quezon City,_____________




NOTICE OF HEARING


Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion to Lift Order of Default.



Roll No. 87432 IBP No. 863992 dated 1-5-10


COPY FURNISHED:


EXPLANATION

The foregoing Motion to Lift Order of Default has been served

on Plaintiff’s counsel by registered mail due to lack of time and

personnel to effect personal delivery.





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Money

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ANSWER

COMES NOW the defendant EDGARDO S. SANTOS thru the

undersigned counsel, respectfully alleges:

1. That he specifically denies under oath the genuineness and

due execution of the alleged Acknowledgement of Debt (Annex A) and

Loan Agreement (Annex B) attached to the plaintiff’s complaint;

2. That the said two documents were fraudulently executed by

the plaintiff NAPOLEON C. GATMAITAN, the defendant EDGARDO

S. SANTOS not having executed any such promissory note in favor of

the former, thus, the said promissory note is null and void.

WHEREFORE, it is respectfully prayed that the plaintiff’s

complaint be dismissed with costs against the plaintiff. The defendant

further prays for such other relief as the Honorable Court may deem

just and equitable.

Quezon City,_____________




COPY FURNISHED:


VERIFICATION

I, EDGARDO S. SANTOS, of legal age, Filipino and with

address at # 15 Bohol St., Barangay Horseshoe, Quezon City, having

been duly sworn to in accordance with law hereby depose and say:

1. That I am the Defendant in the above-entitled case; that I

have caused the preparation of the foregoing Answer Pleading; that

all the allegations stated therein are true and correct of my own

knowledge and supported by authentic documents;

2. That I have not commenced any other action or proceeding

involving the same issues is the Supreme Court, the Court of Appeals,

or any other tribunal or agency; that to the best of my knowledge, no

such action or proceeding is pending in the Supreme Court, the Court

of Appeals, or any other tribunal or agency; that there is no other

action or proceeding which is either pending or may have been

terminated, and 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 tribunal or agency, I undertake to report

that fact within five (5) days there from to this Honorable Court.

EDGARDO S. SANTOS Affiant

SUBSCRIBED AND SWORN to before me this ____ day of _______ at Quezon City affiant exhibiting to me her Community Tax Certificate No. __________ issued in ___________ on ____________

NOTARY PUBLIC

Doc. No.________;Page No.________;Book No.________;Series of ________;




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Money

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MANIFESTATION AND MOTION TO WITHDRAW AS COUNSEL

WITH SUBSTITUTION OF COUNSEL

The Clerk of Court

Regional Trial Court of Quezon City

Branch _________

COMES NOW Atty. Louise Marie S. Perez, counsel of record for

the Defendant and unto this Honorable Court respectfully moves to

withdraw as counsel for Defendant with the express consent of the

defendant as shown in this motion.

That in substitution thereof, Atty. Corazon Alma T. Soliman

whose services have been retained by Defendant, hereby enters her

appearance as counsel for the Defendant.

That upon the approval of this Honorable Court, all pleadings,

notices and papers in connection with the above entitled case be

addressed to the new counsel, Atty. Corazon Alma T. Soliman, with

address at 13th floor, Will Tower Mother Ignacia St., Barangay South

Triangle, Quezon City.

Quzon City, _________________

ATTY. LOUISE MARIE S. PEREZFormer Counsel for DefendantCitibank Tower Eastwood City Bagumbayan, Quezon CityRoll No. 87432 IBP No. 863992 dated 1-5-10MCLE Compliance No. 11-00083469

ATTY. CORAZON ALMA T. SOLIMAN13th floor, Will Tower Mother Ignacia St., Barangay South Triangle, Quezon CityRoll No. 87639 IBP No. 866551 dated 1-7-10MCLE Compliance No. 11-00083769

WITH DEFENDANT’S CONSENT

EDGARDO S. SANTOS

NOTICE OF HEARING


Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Manifestation and Motion to Withdraw as Counsel with Substitution of Counsel.




COPY FURNISHED:


EXPLANATION

The foregoing Manifestation and Motion to Withdraw as Counsel

with Substitution of Counsel has been served on Plaintiff’s counsel by


delivery.





-versus-

EDGARDO S. SANTOS

Defendant.

CIVIL CASE NO. _____

For: Collection of a Sum of Money

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MOTION FOR EXECUTION OF JUDGMENT

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

this Honorable Court, respectfully moves for the execution of

judgment under the following premise:

1. That a decision has been rendered in this case on August 1,

2011, in favor of the Plaintiff and against the Defendant;

2. That the period for appeal has already expired without the

Defendant having perfected an appeal from said decision;

3. That said decision is now final and executory.

WHEREFORE, it is respectfully prayed that an Order be issued for

the execution of the above judgment.

Quezon City, ___________________.



MCLE Compliance No. 11-00043527NOTICE OF HEARING

TO: ATTY. CORAZON ALMA T. SOLIMANCounsel for the Defendant13th floor, Will Tower Mother Ignacia St., Barangay South Triangle, Quezon City

Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion for Execution of Judgment.

ATTY. ANGELICO ZENON M. DELOS REYESCounsel for the Plaintiff

Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City


COPY FURNISHED:

ATTY. CORAZON ALMA T. SOLIMANConsel for the Defendant13th floor, Will Tower Mother Ignacia St., Barangay South Triangle, Quezon City

EXPLANATION

The foregoing Motion for Execution of Judgment has been

served on Defendant’s counsel by registered mail due to lack of time

and personnel to effect personal delivery.

ATTY. ANGELICO ZENON M. DELOS

REYES

Documents

For Collection of Sum of Money