Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch___
NAGA CITY

____________________
Plaintiff,

-vs- Civil Case No. __________

For: Collection of Sum of Money
With Damages

_____________________
Defendant.
x--------------------------------------------x

COMPLAINT

COMES NOW plaintiff, through the undersigned counsel and unto

this Honourable Court most respectfully avers:

1. Plaintiffs is of legal age, Filipino, married and with residence at No.

_______________________. Both have capacity to sue and be
sued;

2. Defendant __________________ of legal age, Filipino, married

and with residence at No. _______________________. Both have
capacity to sue and be sued;

3. Plaintiff is the owner/manager of ____________________

services operating in the _______________ with Office
_______________________________________;

4. That on __________________ the defendant secured the services

of the plaintiffs _____________________ at the place of business
of the defendant;

5. Defendant then was required to pay the plaintiff to pay the amount
of _____________ for the salaries of the _________ assigned to
the office of the defendant as evidence by the Contact of Services
and promissory note;

6. That in the beginning, the defendant religiously paid the salaries of

the assigned ___________________ to them by delivering the
amount to the plaintiff;
 7. That however sometime in ____________________ the defendant
began to fail in the payment of the salaries of the
_____________________ assigned to it by the plaintiff;

8. That because of that the plaintiff sent a demand letter ( Annex ----)
to the defendant requesting payment of the unpaid salaries of the
______________________ assigned to it by the plaintiff;

9. That the defendant failed to settle the obligation which prompted

the plaintiff to send two more demand letters (Annexes -----) but
the plea went to deaf ears;

10. That the plaintiff again let some time to pass before he again
personally asked the defendant to settle its obligation but the
defendant stubbornly failed to oblige;

11. That by reason of the unjustified refusal of the defendant to pay

the plaintiff its obligation, plaintiff suffered actual damages in the
amount of _________________________ as transportation and
representation expenses in trying to extract payment from the
defendant to avoid litigation to which he was unsuccessful;

12. In addition, plaintiffs suffered sleepless nights, wounded

feelings and serious anxiety which if would be quantified would
amount to ________________;

PRAYER

WHEREFORE, after due notice and hearing, plaintiffs pray that

judgment be rendered ordering defendants to:

A. Pay the plaintiff the amount of ------------- representing the unpaid

obligation of the defendant to the plaintiff in providing
_________________ to the defendant;

B. Order defendants to pay plaintiffs the amount of

________________ as actual damages and ________________
as moral damages;

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

__________________, Naga City Philippines.

____________________
 VERIFICATION/CERTIFICATION

I, __________________, under oath deposes and states:

1. That I am the plaintiff in this case;

2. That I have caused the preparation of this complaint;
3. That the contents stated therein are true and correct of my own
knowledge;
4. That I do 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; 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 if I should thereafter learn that similar
action has been filed or pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable
Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_______ day of ________ 2017 at Naga City, Philippines.

_______________

SUBSCRIBED AND SWORN to before me this _______ day of

_______ 2017 at Naga City, Philippines.

Copy furnished:

________________
__________________
__________________
 Republic of the Philippines
MUNICIPAL TRIAL COURT
Fifth Judicial Region
________, Camarines Sur

______________________________,
Plaintiff,
CIVIL CASE No. _________
-versus- For: Collection of Sum of
Money
________________________________,
Defendant.
X ------------------------------------------------------ X

ANSWER
DEFENDANT, through undersigned counsel, before this Honorable Court,
most respectfully states THAT:

1. Paragraph 1 of the complaint is denied because defendant has no

present knowledge of the personal circumstance of
___________________, but admits that of ______________, and
does not likewise admit the genuineness and authenticity of the
alleged Special Power of Attorney executed by _________________;

2. Paragraph 2 of the complaint is admitted;

3. Paragraph 3 of the complaint more particularly the alleged

Promissory Note is denied under oath, its due execution, the
payment of interests, charges, Attorneys Fees, etc., the truth being is
what is stated hereunder in the Special Affirmative Defenses herein
set forth;

4. Paragraph 4, 5 and 6 of the complaint are denied for lack of

knowledge as the truth and falsity thereof, the demands are too
exorbitant, excessive, contrary to law, unjust and oppressive, and the
truth of the matter is hereunder pleaded in the Special Affirmative
Defenses herein set forth;

SPECIAL AND AFFIRMATIVE DEFENSES

Defendant repleads by incorporation all the foregoing allegations and

further states, THAT:
5. Defendant is ___________________ friend and former classmate in
high school at ____________________, Camarines Sur;

6. Sometime in 2005, defendant was in dire need of money and she

communicated and offered to sell plaintiff, _______________, a
parcel of agricultural land situated in ____________________,
Camarines Sur, in the amount of ________________________ (P
__________);

7. ______________________ who is working as caregiver in Canada

gave defendant, through ____________________, plaintiffs sister the
sum of money in the amount of ____________________ (P
______________) sometime in the year 20__;

8. At first, defendant thought that the money given to her was the partial
payment for the parcel of land she offered to sell to plaintiff. Hence,
she was surprised when ____________________, handed to
defendant a Promissory Note Annex B of the complaint, sometime
in _______________ for signature of defendant, but defendant
hesitantly signed it because the stipulated 5% interest monthly and
20% Attorneys fees was unconscionable. But then
____________________________ explained to defendant and in the
presence of defendants ____________________________ assured
them that defendant may just ignore the said stipulations, as the prime
purpose of the Promissory Note is only to show that defendant is
indebted in the sum of _____________________. At that time,
_________________________ did not even possess any Special
Power of Attorney executed by _______________________;

9. Defendant admitted to be indebted to __________________ in the

sum of ___________________, but the same is without any
stipulation of interest much less payment for Attorneys fees, charges
and expenses;

10. _____________________________ personally and/or her house-

helps would get ___________________________shop owner/market-
vendor and assured defendant that she would just deduct the costs of
the said items from the debts of ______________________.
Defendant for several instances has actually given payment, in cash
and in kind by installment to ____________________. The total
amount defendant paid has reached more or less
_____________________. copy of the Barangay Certification is
hereto attached as Annex 1;

11. Plaintiff and/or her alleged agent, ________________, is a bona fide

resident of ___________________________, did not bring this matter
first to the Barangay for settlement, contrary to the provisions of
Section 408 of R.A. 7160, hence, no cause of action yet arose;

12. Defendant was in good faith and in order to buy peace and peaceful
settlement with __________________________, she even went to
 the office of _____________________________________ after she
received a letter on ________________________;

COUNTERCLAIM

ANSWERING defendant repleads all the foregoing allegations and by way

of counterclaim, further states THAT:

13. Plaintiffs premature and unjustified suit against herein defendant

caused her to suffer and continue to suffer mental anguish, moral
shock, sleepless nights, wounded feelings and serious anxiety for
which plaintiff should be made to pay _______________ as moral
damages;

14. Likewise, plaintiffs ruse and evident bad faith in compelling defendant
to litigate and as corrective measure, so as to dissuade those who
may emulate plaintiffs fraudulent, reckless, oppressive and
malevolent acts and manners, defendant prays for exemplary
damages in the same amount of ____________________.

WHEREFORE, premises considered, it is most respectfully prayed that a

decision be issued dismissing the complaint and on the counterclaim, plaintiff be
ordered to pay defendant damages in the amount of _____________________.

Other reliefs and remedies are all prayed for in the premises.

________________________, _______, 20__.

__________________________
Defendant

VERIFICATION &
CERTIFICATION OF NON-FORUM SHOPPING

I, __________________, under oath depose and state:

That I am the defendant in this case;

That I have caused the preparation of this answer with counterclaim;

That the contents stated therein are true and correct of my own personal
knowledge;
 That I deny the due execution and contents of the Promissory Note;

That I do 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; 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 if I should thereafter learn that a
similar action has been filed or pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that fact within five
(5) days therefrom to the Court or agency wherein the original pleading and
sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_____day of ______ 20__ at ____________, Philippines.

_______________________________
Defendant
SUBSCRIBED AND SWORN to before me this _____ day of ______ 20__
in ___________, Philippines.

Copy furnished by registered mail:

__________________________
__________________________
__________________________