You are on page 1of 6

PROMISSORY NOTE

Php 500, 000.00

FOR VALUE RECEIVED, I promise to pay without need of demand to the order
of Juan de Dios, at his office at Dr. #8 Topaz St., Bajada, Davao City, the
principal amount of Five Hundred Thousand Pesos (P500,000.00), Philippine
Currency, on or before August 01, 2010. In addition to the foregoing, I
promise to pay an interest rate of One percent (1%) every month,
commencing from the month of February 2010 until this note is fully paid.

In case of default of payment, I agree to pay a penalty equivalent to Three


(3%) percent every month based on the total amount due and demandable
until fully paid. Should it become necessary to collect this note with the
services of a lawyer, I shall pay an amount equivalent to Ten Percent (10%)
of the amount claimed in the complaint as attorney’s fees, exclusive of costs
of litigation and other expenses.

January 02, 2010 at Sara-Lee Law Office, Davao City, Philippines

(Sgd)

Pedro Santos

The Law Firm of

SARA LEE & ASSOCIATES

Dr. #4 JVM Bldg., Bajada, Davao City


Telephone no. (082) 286-7843

August 08, 2010

Mr. Pedro Santos


Dr. #3 Opal St., Marfori Subd.
Bajada, Davao City
Dear Mr. Pedro Santos,

We write to you in behalf of our client, Juan de Dios, a proprietor of Pacific


Construction and Development. It appears that sometime on January 02,
2010, you executed a promissory note in favor of our client Juan de Dios,
promising to pay the principal amount of Five Hundred Thousand Pesos (Php
500,000.00) on or before August 01, 2010 plus a monthly interest of One
percent (1%).

However, up to the present, you have not acted on our client’s demand to
pay him the aforementioned amount. Hence, we are giving you a period of
Five (5) days from receipt hereof to pay him the amount of Five Hundred
Thousand Pesos (P500,000.00), representing the principal amount and the
amount of Thirty Five Thousand Pesos (P35,000.00) representing the total
monthly interest. Please deliver the amount in our office anytime between
9:00a.m.–5:00p.m. Our office is located Dr. #4 JVM Bldg., Bajada, Davao City

If you still fail and / or refuse to settle the same, we will be constrained to
resort to legal action to protect the interests of our above-named client, in
which case requires you to additional costs and expenses.

Hoping that you will give this matter your favorable attention and immediate
action.

Truly yours,

Atty. Myla Ruth N. Sara


Counsel for plaintiff
Republic of the Philippines
Regional Trial Court
11th Judicial Region
Branch ___, Davao City

JUAN DE DIOS,
Plaintiff,

Civil Case No.


________________
- versus - For: Collection of Sum of Money,
Attorneys Fees and Other Reliefs

PEDRO SANTOS,
Defendants.

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

COMPLAINT

Plaintiff, by counsel, unto this Honorable Court most respectfully


alleges:

1. That plaintiff is of legal age, married, Filipino and a proprietor of

Pacific Construction and Development, a company organized and existing

under the laws of the Philippines with principal office at Dr. #8 Topaz St.,

Bajada, Davao City. They may be served with notices, orders and processes

of this Honorable Court through undersigned counsel.

2. That defendant Pedro Santos is of legal age, single, Filipino and

with residence at #3 Opal St., Marfori Heights, Davao City, where he may be

served with summons.

3. That plaintiff and defendant have capacity to sue and be sued.

4. That sometime on 02 January 2010, in the city of Davao, for

value received, the defendant executed a promissory note in favor of the

plaintiff Juan de Dios in the sum of Five Hundred Thousand Pesos


(P500,000.00) to be fully paid on or before 01 August 2010 plus an interest

rate of One percent (1%) every month, commencing from the month of

February 2010 until fully paid.

5. That a photocopy of the said promissory note is hereto attached as


“ANNEX A”.

6. That despite the lapse of period, defendant Pedro Santos failed to

pay, despite several demands, the principal amount of Five Hundred

Thousand Pesos (P500,000.00), on or before 01 August 2010 plus an interest

rate of One percent (1%) every month and therefore plaintiff, through his

counsel, sent a demand letter to defendant demanding him to pay the

principal amount of Five Hundred Thousand Pesos (P500, 000.00) plus Thirty

Five Thousand (P35, 000.00) representing the total monthly interest.

7. That a photocopy of the aforementioned demand letter is hereto

attached “ANNEX B”.

8. That all other subsequent demands made by the plaintiff were all

met by adamant refusal by defendant.

PRAYER

WHEREFORE, after hearing and trial, judgment is rendered in favor of

plaintiff and against defendant, ordering the latter as follows:

1. To pay plaintiff the amount of Five Hundred Thousand Pesos (P

500,000.00) and Thirty Five Thousand Pesos (P35, 000.00)

representing the total monthly interest.

2. Attorney’s fees equivalent to Ten Percent (10%) of the principal

amount.
3. Costs of litigation.

4. Other just and equitable relief.

Davao City, Philippines, 01 September 2010

Atty. Myla Ruth N. Sara

Counsel for plaintiff


Dr. #4 JVM Bldg., Bajada, Davao City
PTR No. 1473621, 01-08-2010
IBP OR NO. 123041, 01-08-2010
Roll No. 489023

REPUBLIC OF THE PHILIPPINES )

CITY OF DAVAO ) S.S.


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

VERIFICATION AND CERTIFICATE

I, JUAN DE DIOS, of legal age, legal age, married, Filipino and a

proprietor of Pacific Construction and Development, a company organized

and existing under the laws of the Philippines with principal office at Dr. #8

Topaz St., Bajada, Davao City, after having sworn to in accordance with law,

hereby depose and state:

1. That I am the Plaintiff in the above-entitled case.

2. That I caused the preparation of this complaint, and have read it;

and the contents thereof are true and correct of my personal knowledge and

as based on the records on hand.

3. That I further certify that I have not commenced any action or filed

any claim involving the same issued in any court, tribunal or quasi-judicial

agency, and there is no other action or claim pending therein; that if there is

any such pending action or claim or similar action or claim is pending, I shall
immediately report that fact to this Honorable Court, within five (5) days from

knowledge thereof.

IN WITNESS THEREOF, I hereunto affix my signature this 1 st day

September 2010, Davao City, Philippines.

JUAN DE DIOS
Affiant

SUBSCRIBED AND SWORN TO before me this 1st day of September

2010, at Davao City, Philippines, affiant exhibiting to me his Driver’s License

No. 0926745688 issued in Davao City on 08 December 2009.

Atty. Myla Ruth N. Sara


Notary Public
Until December 31, 2010
PTR No. 1473621, 01-08-2010
IBP OR NO. 123041, 01-08-2010
Roll No. 489023

Doc. No. 72;


Page No. 539;
Book No. II;
Series of 2010

You might also like