REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT,MANILA, BRANCH __

JUAN DELA CRUZ, Plaintiff

CIVIL CASE NO. ________versus FOR: Sum of Money

And Damages

JOHN R. REYES,Defendant

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COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff JUAN DELA CRUZ is a Filipino citizen, of legal age, married and residing at 1234 Zamora Street, Paco, Manila, where he may be served with court processes, motions, and decision;

2. Defendant JOHN R. REYES is also a Filipino citizen, of legal age, and residing at 4567 Pedro Gil Street, Paco, Manila where he may be served with summons and other court processes;

3. On August 1, 2013, defendant executed a promissory note in favor of the plaintiff in the amount of TEN MILLION (PHP10,000,000.00) PESOS, Philippine Currency payable within a period of ten months at ONE MILLION(PHP1,000,000.00) PESOS every month starting September 1, 2013 and every month thereafter until June 01, 2013. The Promissory Note dated August 01, 2013 reads:

August 01, 2013

I promise to pay to the Order of Juan dela Cruz the sum of TEN MILLION(PHP10,000,000.00) PESOS, Philippine Currency, within a period of ten months at ONE MILLION(PHP1,000,000.00) PESOS per month beginning September 01, 2013 until June 01, 2013.

SGD. JOHN R. REYES

Copy of Promissory Note dated August 01, 2013 is hereto attached as Annex “A”;

4. In payment of his loan obligation, defendant issued ten(10) postdated checks to cover the ten monthly payments from September 01, 2013 to June 01, 2013;

5. In breach of his obligation, the five(5) checks covering the payments from February 01, 2013 to June 01, 2013, in the total amount of FIVE MILLION(PHP5,000,000.00) PESOS, when deposited to plaintiff’s account with the bank were all returned dishonored and unpaid on the ground “closed account”. Demands were made upon defendant to make good the dishonored checks within five(5) working days from receipt of the notice of dishonor from the bank but defendant failed and refused to pay the same;

6. Due to the unjust refusal of defendant to comply with the demands, plaintiff was compelled to engage the services of counsel for which he agreed to pay an acceptance fee of PHP 20,000.00 plus per appearance fee of PHP3,000.00. Counsel sent defendant a final demand to pay but despite receipt thereof, defendant still failed and refused to pay his obligation to plaintiff. Copy of the demand letter from counsel is attached as Annex “B”;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that judgment be rendered in favor of plaintiff and against defendant directing defendant to pay plaintiff the amount of FIVE MILLION(PHP5,000,000.00) PESOS plus legal interest from date of final demand plus PHP20,000.00 as and for attorneys fees and the total appearance fees incurred.

Other just and equitable relief are also prayed for.

Manila, September 28, 2015.

ROMEO R, DELA CRUZ1234 Zamora Street, Paco, Manila

Roll no. 50000PTR no. 123456 issued at Manila on Jan 02, 2015

IBP no. 34567879 issued at Manila on Jan 02, 2015Tel no. 02-456768 cell no. 0915-7777878

romeodelacruz@yahoo.com

VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING

I, JUAN DELA CRUZ, Filipino, of legal age, married and with residence at 1234 Zamora Street, Paco, Manila, after having been duly sworn to in accordance with law hereby states that:

1. I am the plaintiff in the above-captioned complaint fro collection of sum of money and damages against defendant Rommel R. Reyes. As such plaintiff I cause the preparation of the foregoing complaint. I have read and understood the foregoing complaint and I hereby attest and certify under oath that the factual allegations therein are true and correct on my personal knowledge and based on authentic records in my possession;

2. I hereby certify that I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals or any other tribunal or agency; If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to report said fact to this Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have signed this Verification and Certification on this ___ day of September 2015 in the City of Manila.

JUAN DELA CRUZAffiant

SUBSCRIBED AND SWORN to before me this ___ day of September 2015 in the City of Manila, affiant exhibiting to me his _____ ID no. ______________.

NOTARY PUBLIC

Doc no. ____Page no. ____Book no. ____Series of 2015.