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REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT OF MANILA
MANILA, BRANCH 2
JUAN CRUZ,
Plaintiff,
Civil Case No. 07-123456
--- versus ----
FOR: SUM OF MONEY AND
DAMAGESJOHN REYES,
Defendant.
x----------------------x
COMPLAINT
COMES NOW the plaintiff, through the undersigned counsel,
respectfully states that:
1. Plaintiff Juan Cruz is a Filipino citizen, 27 years old,
married toCarla Cruz and residing at 8 Marwood St., Taft, Manila,
where he may be
served with orders and other processes of this Honorable Court
;
2. Defendant John Reyes is a Filipino citizen, 27 years old,
single,and residing at 10 Bridgestone Park, Taft, Manila, where he
may be servedwith summons and other processes of this Honorable
Court ;
3. On February 28, 2012, defendant went to the residenceof the
plaintiff at 8 Marwood St., Taft, Manila to borrow money
amounting
to P650,000.00.
4. Upon receipt of said amount, defendant executed a
promissorynote in favor of the plaintiff payable within 30 days
from the date of thepromissory note (attached as Annex A ) which
reads as follows:
Manila, Philippines
February 28, 2012
I, promise to pay Juan Cruz the sum of
P650,000.00 or order within 30 days from this date.
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John Reyes
5. The 30-day period had elapsed and despite demands made
orallyand in writing (attached as Annexed B) by the plaintiff,
defendant
refused and failed to pay the amount in the promissory note.
6. Due to the unwarranted refusal of the defendant to pay his
validobligations to plaintiff, the latter suffered social
humiliation, wounded
feelings, sleepless nights and serious anxiety, defendant should
be ordered
to pay plaintiff moral damages in the sum of P30,000.00 and ; to
show
example to the public of his wrongful act, defendant should pay
plaintiffthe sum of P20,000.00 as exemplary damages;
7. Due to the unjust refusal of defendant to comply with
thedemands, plaintiff was compelled to file the instant action
engaging the
services of counsel in the amount of P20,000.00.
PRAYER
WHEREFORE, the plaintiff respectfully prays for judgment in his
favor
through a decision directing defendant to pay him SIX HUNDRED
FIFTY
THOUSAND PESOS (P650,000.00), with legal interest, as ACTUAL
DAMAGES;
THIRTY THOUSAND PESOS (P30,000.00) as MORAL DAMAGES; TWENTY
THOUSAND PESOS (P20,000.00) as EXEMPLARY DAMAGES and TWENTY
THOUSAND PESOS (P 20,000.00) as Attorneys Fees.
Other just and equitable reliefs are also prayed for.
Manila, Philippines, March 25, 2012.
Ira Santos
Counsel for Plaintiff
2nd
Floor, RC Bldg, Taft Manila
PTR No. 123456/Manila/January 10, 2009IBP No.
123456/Manila/January 20, 2009
Roll of Attorneys No. 123456
MCLE Compliance No. 123456 1/3/2012
Tel No. 123456
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VERIFICATION WITH CERTIFICATION OF
NON-FORUM SHOPPING
I, Juan Cruz, subscribing under oath, hereby depose and state,
that:
1. I am the plaintiff in the above-entitled case, and I have
caused thepreparation of the said complaint;
2. I have read the foregoing Complaint and the allegations
thereinare true and correct based on my personal knowledge;
3. I attest to the authenticity of the annexes thereto;4. I have
not commenced any other action or proceeding involving
the same issues in the Supreme Court, Court of Appeals, or
different
divisions thereof, or any other tribunal or agency;
5. No such action or proceeding is pending in the Supreme
Court,the Court of Appeals, or different Divisions thereof, or any
other tribunal
or agency;
6. If I should learn thereafter that a similar action or
proceeding hashas been filed or is pending before the Supreme
Court, the Court of
Appeals, or different Divisions thereof, or any other tribunal
or agency, I
hereby undertake to notify this Honorable Court within five (5)
days from
such notice.
Juan Cruz
Plaintiff
SUBSCRIBED and SWORN to before me this 25th
day of March 2012,
in Taft, Manila. The affiant exhibiting to me his SSS No.
N26-01-004190
issued by Social Security System, on May 12, 2001 and Drivers
License No.
12345678 issued on November 30, 2010 at Taft, Manila.
Atty. Don De Leon
Notary Public for Manila#45 Burgos St., Taft, Manila
Roll of Attorneys No. 12345
PTR No. 123456 01/10/08
IBP No. 56789123 01/28/02
MCLE Compliance No. 1-002746
Doc. No. 1
Page No. 2
Book No. 3
Series of 2012
