REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

6TH JUDICIAL REGION
BRANCH __
ILOILO CITY

MARIA ANNA C. SANTOS, Civil Case No. ________

Plaintiff FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES

- versus –

PAOLO M. DELA CRUZ,

Defendant
X-------------------X

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court,

hereby respectfully avers:

1.That plaintiff is of legal age, Filipino, single, and a resident of

Escarrilla Subdivision, Mandurriao, Iloilo City, Philippines while the
defendant is also of legal age, married, Filipino and a resident of Villa San
Paolo, Sambag, Jaro, Iloilo city, Philippines where summons and court
processes may be served;

2.That on November 10, 2016, the Defendant obtained from and was
granted a loan accommodation by the Plaintiff in the principal amount of
One Million Pesos (Php 1,000,000.00) with an agreed interest of five
percent (5%) per month as evidenced by a promissory note herein
attached as Annex “A” and form an integral part of this complaint;

3. That as shown in the attached promissory note, the Defendant

promised to pay the said money on or before November 11, 2017,
Defendant still has an Outstanding Balance of EIGHT HUNDRED
THOUSAND PESOS (Php 800,000.00), and has failed and neglected to
pay, without just and valid grounds, the said Outstanding Balance for the
aforementioned loan accommodation;

4. That despite Plaintiff’s repeated demands, both written and verbal,

Defendant failed, neglected and refused and still refuses to pay and to
settle the said Outstanding Balance without just and valid grounds to the
continued damage and prejudice of plaintiff. A photocopy of the
Plaintiff’s demand letter to Defendant dated April 20, 2017 and a
 demand letter from the Plaintiff’s Counsel dated November 15, 2017 is
hereto attached as Annex “B-1” and “B-2”, respectively, and made
integral part hereof;

5.That the plaintiff in order to enforce her rights and interests, has
sought the services of a legal counsel with Attorney’s Fees amounting to
One Hundred Thousand Pesos (Php 100,000.00), ten percent (10%) of
the amount of the total amount due from Defendant to Plaintiff as
evidenced by Annex “C”- Official Receipt.

PRAYER

WHEREFORE, premises considered, it is hereby respectfully prayed

before the Honorable Court to render decision in favor of the plaintiff and
order the defendant to pay the following:

a. The amount of EIGHT HUNDRED THOUSAND

PESOS (Php 800,000.00) plus interest at the rate
of five percent (5%) per month as stipulated in the
promissory note;

b. Moral damages, exemplary damages at the sum

discretion of the court;

c. Attorney’s fees amounting to One Hundred

Thousand Pesos (Php 100,000.00) and an
appearance fee of Two Thousand Pesos (Php
2,000.00) per hearing;

d. Litigation expenses amounting to Twenty

Thousand Pesos (Php 20,000.00).

Other reliefs and remedies deemed just and equitable under the
foregoing premises are likewise prayed for.

Iloilo City, January 9, 2018.

ATTY. LOUISE MIKHAELA ROSE L. ESCARRILLA

Counsel for Plaintiff
Escarrilla, Toralde, Cabantud Law Office, Jaro, Iloilo City
Roll of Attorney No. 12345
PTR No. 0416909, 05/10/17, Iloilo City
IBP No. 12345, 05/02/17, Iloilo City
MCLE Comp. No. XX- 0001993
 REPUBLIC OF THE PHILIPPINES)
PROVINCE OF ILOILO) SS.
x--------------------------x

VERIFICATION AND CERTIFICATION

I, MARIA ANNA C. SANTOS, of legal age, Filipino, single,

and a resident of Escarrilla Subdivision, Mandurriao, Iloilo City, Philippines,
after being sworn in accordance with law, hereby depose and say:

(1) That I am the Plaintiff in the above- entitled case;

(2) That I have caused the preparation of the above Complaint and I
have read the same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my
own personal knowledge and based on authentic records;

(4) That I further certify that: I have not theretofore commenced any
other action or proceeding or filed any claim involving the same
issues or matter in any court, tribunal, or quasi- judicial agency
and, to the best of my knowledge, no such action or proceeding is
pending therein; if I should thereafter learn that the same or similar
action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal or
quasi- judicial agency, I undertake to report such 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 set my hand this 9th day

of January 2018 at Iloilo City, Philippines.

MARIA ANNA C. SANTOS

Affiant
TIN 99211- 001; Iloilo City
 SUBSCRIBED AND SWORN to before me, this 9th day of January
2018, affiant exhibiting to me her Tax Identification Card as shown above
below her name as competent evidence of her identity.

ATTY. LOUISE MIKHAELA ROSE L. ESCARRILLA

Notarial Commission No. 101
Escarrilla, Toralde, Cabantud Law Office, Jaro, Iloilo City
Roll of Attorney No. 12345
PTR No. 0416909, 05/10/17, Iloilo City
IBP No. 12345, 05/02/17, Iloilo City
MCLE Comp. No. XX- 0001993

Doc No. _____;

Page No. ____;
Book No. ___;
Series of 2018.
 Annec “A”

PROMISSORY NOTE

P__1,000,000.00__

FOR VALUE RECEIVED, I promise to pay without need of demand to the order of
MS. MARIA ANNA C. SANTOS__, at her residence at _Escarrilla Subdivision, Mandurriao,
Iloilo City__, the principal amount of PESOS:
__ONE MILLION PESOS________ (P_1, 000, 000.00__), on or before __November 11,
2017___.

In addition to the foregoing, I promise to pay monthly interest at the rate of

__five___ (_5_%) percent, without need of demand, starting from the month of
_December 2016_ until this note is fully paid.

November 10, 2016. Iloilo City, Philippines.

PAOLO M. DELA CRUZ

SIGNED IN THE PRESENCE OF:

_____________________ _________________________
 Annex “B-2”

15 November 2017

PAOLO M. DELA CRUZ

Villa San Paolo, Sambag, Jaro
Iloilo City

DEMAND LETTER

Sir:

We write in behalf of our client, MS. MARIA ANNA C. SANTOS, the matter of your
non-payment of your obligation.

Records disclose that you have an outstanding obligation with our client in the amount of
Php 1,200,000.00 inclusive of interest and surcharges. Despite repeated demands, you
failed and continuously fail to pay the aforesaid amount.

Accordingly, FINAL DEMAND is hereby made upon you to settle the amount
of Php1,200,000.00 within FIFTEEN (15) days from receipt of this letter. Otherwise, we
will be constrained to file the necessary legal action against you to protect the interest of
our client.

We trust that you will give this matter your prompt and preferential attention to avoid the
expense and inconvenience of litigation.

Truly yours,

ATTY. LOUISE MIKHAELA ROSE L. ESCARRILLA

 Annex “B-1”

20 April 2017

PAOLO M. DELA CRUZ

Villa San Paolo, Sambag, Jaro
Iloilo City

Mr. Dela Cruz,

Greetings!

I write to you today to remind you of the loan agreement we entered into on
November 10, 2016, in the amount of Php 1,000,000.00. According to the promissory note
you executed, payment would be made on or before November 11, 2017. As of writing
this letter, I have only Php 200,000.00 from you, which were paid last January 5, 2017.

Unless payment of at least fifty percent (50%) of the Outstanding Balance of Php
800,000.00 plus interests is received by us in within ten (10) days from receipt of this letter,
we will have no alternative but to exercise whatever rights and remedies we have under the
law to enforce such payment, including but not limited to institution of legal proceedings
against you to recover the above amount, together with accrued interest and legal expenses.

I hope for your immediate compliance.

Thank you.

Respectfully,

MARIA ANNA C. SANTOS

 Annex “C”

OFFICIAL RECEIPT

15 December 2017

This is to certify that I, Ms. Janina P. Samson, has received an amount of One
Hundred Thousand Pesos ( Php 100,000.00) from Maria Anna C. Santos as payment for
the legal services to be rendered by Atty. Louise Mikhaela Rose L. Escarrilla.

JANINA P. SAMSON
Secretary
ETC Law Office