1

REPUBLIC OF THE PHILLIPINES

REGIONAL TRIAL COURT
BRANCH 24
MAASIN CITY

Mr. X
Plaintif
-versus-

Case No.: 123

FOR: COLLECTION OF SUM OF
MONEY WTIH APPLICATION
FOR WRIT OF PRELIMINARY
ATTACHMENT

Mr. Y
Defendant
X------------------------------------------------/
COMPLAINT
COMES NOW, the plaintif, through the undersigned
counsel, and unto this Honorable Court, most respectfully
avers that:
1.

The plaintif is of legal age, Filipino Citizen, with postal

address at Canlupao, Tomas Oppus, Southern Leyte;

2.

The defendant is of legal age, Filipino citizen, with postal

address at Barangay Punong, Tomas Oppus, Southern Leyte
where he may be served with summons and other court
processes by this Honorable Court;
CAUSE OF ACTION

3.

Sometime in April 2013, the defendant obtained from the

plaintif an amount of P300,000.00 to purchase pigs for his
piggery business as evidenced by a Trust Receipt which is
hereto attached as Annex A;

4.

The defendant promised to return the loaned amount of

P300,000.00 plus 5% monthly interest four months from the
date he obtained the money where the pigs by that time
were already presumed to have been sold;

5.

The plaintif, after the lapse of four months, demanded for

payment after all the pigs were sold. But defendants refused

and continuously refusing to pay his obligations. Copy of the

demand letter is hereto attached as Annexed B;
6.

As a result of the unjustifiable refusal of the defendant to

pay his loaned amount, the plaintif sufered sleepness
nights, serious anxiety in which he should be awarded the
amount of P10,000.00 as moral damages, and to set an
example to the public, plaintif should be awarded exemplary
damages in the amount of P10,000.00;

7.

In view of the defendants refusal to pay, plaintif was

constrained to sue in court and as a result incurred litigation
expenses in the amount of P40,000.00 and an attorneys
fees in the sum equal to 10% of the obligation.
APPLICATION FOR PRELIMINARY ATTACHMENT
Plaintif repleads the foregoing allegations, and further
alleges that:

8.

Defendant is guilty of fraud in incurring and in the

performance of his obligations to plaintif in that it appears
that the defendant who represented himself as a credible
businessman and capable of paying his obligation, when in
fact and in truth, he is not, and the fraudulent scheme
becoming more evident when despite demands, he failed
and refused to settle without justifiable grounds his just and
demandable obligation;

9.

For the amount due to the plaintif in the above-entitled case

which is P300,000.00 excluding interest, legal fees, and
other charges as of to date, an order of attachment is being
sought above all legal counterclaims against the defendants;
In support of the foregoing allegations, the plaintif
has attached hereto his affidavit.

PRAYERS
Wherefore, premises considered, it is most respectfully
prayed unto this Honorable Court that, after hearing,
judgment be rendered as follows:

1. An order of attachment be immediately issued by

thie Honorable Court requesting the Sherif to attach
properties of the defendants which are not exampt
from execution or so much thereof as may be
sufficient to satisfy plaintifs demand; and after
hearing;
2. Judgement be rendered ordering the defendant to
pay the plaintif the amount of P300,000.00
representing his loan excluding the interest and legal
fees and other damages as of to date;
3. Ordering the defendant to pay the plaintif the
amount
of
P10,000.00
as
moral
damages,
P10,000.00 as exemplary damages, P40,000.00 as
litigation expenses, and attorneys fees equal to 10%
of the obligation.
Other reliefs which are just and equitable are likewise
prayed for.
Tomas Oppus, Southern Leyte, Sept. 4, 2014.

ARIEL B. LUNZAGA
Counsel for the Plaintiff
Roll No. 12345
IBP No. 123456/01.07.15/MC
PTR No. 78910/01.07.15/MC
MCLE Compliance No. IV 76543; May 29, 2014

REPUBLIC OF THE PHILIPPINES)

MUNICIPALITY OF TOMAS OPPUS) s.s.
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, Mr. X, Filipino, of legal age, married, and a resident of Punong,
Tomas Oppus, Southern Leyte, Philippines, after being duly sworn to in
accordance with law, do hereby states that:
1. I am the Plaintiff in this present case;

2. I have read its contents and affirm that they are true and correct to the
best of my own personal knowledge;
3. I attest to the authenticity of the annexes thereof;
4. I hereby certify that there is no other case commenced or pending
before any court involving the same parties and the same issue;
5. Should I learn of such a case, I shall notify this court within five (5)
days from my notice.
IN WITNESS WHEREOF, I have hereunto set my hand this 17 th day
of September, 2014, at Tomas Oppus, Philippines.
MR. X
Affiant
SUBSCRIBED AND SWORN to before me this 18th day of
September 2014 in Tomas Oppus, Southern Leyte, Philippines, affiant
having exhibited to me his SSS ID #224456789.
Atty. Ariel B. Lunzaga
Notary Public for Tomas Oppus, Southern Leyte
Until December 31, 2014
Commission No. M-1436
PTR No. 654321/01.07.14/MC
IBP No. 123456/01.07.14/MC
Roll No. 12789
Doc. No.
Page No.
Book No.
Series of 2014