Complaint

1
Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES
FIRST JUDICIAL REGION
BRANCH___
URDANETA CITY, PANGASINAN
MARIO RED
Plaintiff,
CIVIL CASE NO.________
-versus- FOR: Collection of Sum of Money
and Damages
LUIGI GREEN
Defendant.
X------ -------- ---------------x
COMPLAINT
COME NOW, the PLAINTIFF, through his counsel and unto this
Honorable Court, most respectfully allege THAT:
I
THE PARTIES
1. Plaintiff MARIO RED is of legal age, single, Filipino Citizen, and is

resident of No. 47, Sto. Domingo, Urdaneta City, Pangasinan;
2. Defendant LUIGI GREEN is likewise of legal age, single, Filipino

Citizen and a resident of No. 78, Sto Domingo, Urdaneta City,
Pangasinan where he may be served with summons and all other
processes of this Honorable Court;
II
ALLEGATIONS OF THE CAUSES OF ACTION
3. Defendant is a close friend and a Barangay mate of the plaintiff

MARIO RED. Sometime on April 19, 2021, defendant went to the
house of the plaintiff pleading the latter to extend him a loan in the
amount of ONE HUNDRED THIRTY THOUSAND PESOS (P130,000.00)
as he was in dire need of money for the scheduled heart operation of
his mother and the defendant promised and undertake to return the
said amount within a period of Four(4) Months from April 19, 2021;
2
4. Reposing trust and confidence on the defendant who is the close

friend and barangay mate of the plaintiff, the latter immediately
withdrew from his Account in the bank in Urdaneta City the said
amount of ONE HUNDRED THIRTY THOUSAND PESOS (P130,000.00)
Philippine currency and handed the said amount to the defendant. As
a sign of good faith, defendant voluntarily signed a PROMISSORY
NOTE dated April 19, 2021 evidencing receipt of said amount from
the Plaintiff with an undertaking that he will return/pay the said
amount of P130,000.00 to the Plaintiff within a period of FOUR(4)
MONTHS from the date of the instrument. Thereafter, on the same
day, the parties proceeded to the office of Notary Public, Atty. JOHN
BOWSER, at the Public Market in Urdaneta City and had the
document denominated as Promissory Note notarized,,
A copy of the PROMISSORY NOTE is hereto attached as “ANNEX A”
5. However, despite the lapse of FOUR (4) months from the date of the
Promissory Note, Defendant failed to pay the amount of loan that he
promised. Defendant being a friend and a Barangay Mate, Plaintiff
waited for another ONE (1) week for the former to voluntarily pay
his monetary obligations but still, defendant failed to make good his
promise to pay his loan to him prompting plaintiff to visit the
defendant at his house located in his said Barangay and verbally
demanded from him to pay his monetary obligation. Despite several
verbal demands made by the plaintiff to pay his loan, defendant
failed and refused to pay his obligation;
6. In order to settle the matter amicably, sometime on September 4,

2021, plaintiff lodged a complaint for collection of sum of money
against the defendant before the Office of the Barangay Lupon of Sto
Domingo, Urdaneta City, Pangasinan but no amicable settlement was
reached by the parties thereat despite several mediation/conciliation
conducted by the Barangay Lupon, hence, the Office of the Barangay
Chairman of said Barangay issued a Certification to File Action.
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A copy of the CERTIFICATION TO FILE ACTION dated September 30,

2021 is hereto attached as “ANNEX B”;
7. Subsequently, Plaintiff consulted a lawyer who prepared and

furnished a FINAL DEMAND LETTER dated October 5, 2021 to the
defendant who received the same on October 8, 2021 as evidenced
by the Registry Return Card. Despite receipt of the Final demand
letter, defendant still failed and continued to refuse in paying his
monetary obligations to the plaintiff.
Copy of the FINAL DEMAND LETTER and the REGISTRY RETURN

CARD are hereto attached as ANNEXES C and D, respectively.
Hence, Plaintiff have no other recourse but to file this complaint.
BY WAY OF DAMAGES
8. By reason of the obstinate and continued refusal of the defendant to

pay his monetary obligations, plaintiff was force to engage the
services of his counsel for an acceptance fee of P20,000.00 plus
P3,000.00 for every appearance in Court;
9. Plaintiff will likewise incur litigation expenses in the form of

docket/filing fees and other incidental expenses in the amount of no
less than 20,000.00
10. To set an example not to trample on the rights of others,

defendant should be meted exemplary damages in the amount of
P20,000.00 in favor of the plaintiff;
WITNESS TO BE PRESENTED AND THE PURPOSE OF HIS TESTIMONY

4
11. Plaintiff will be presented as witness for the following purposes:

a. To prove the allegations in the plaintiff complaint;
b. To identify the documentary exhibits as stated in the
Complaint and in their Judicial Affidavit;
c. To prove the plaintiff claim for damages against the defendant;
d. To testify on all other matters related thereto.
Plaintiff will likewise present and identify the following Documents:
a. Copy of the Promissory Note dated April 19, 2021;

b. Certification To File Action dated September 30, 2021;
c. Final Demand Letter dated October 5, 2021; and
d. Certification of the Original Copy of Entry of Judgment;
e. Registry Return Card
Plaintiffs reserve to present additional documentary exhibits in the
course of the trial.
III
PRAYERS
WHEREFORE, it is most respectfully prayed unto this Honorable Court
that after due notice and hearing, JUDGMENT be rendered, as follows:
1. ORDERING the defendant LUIGI GREEN to pay the Plaintiff the
following:
a. P130,000.00 representing the principal loan;

b. P 20,000.00 as attorney’s fees;
c. P 20,000.00 as reimbursement of filing fees/docket fees;
d. P 20,000.00 as exemplary damages, and,
2. Ordering the defendant to pay the cost of suit.
Other relief and remedies just and equitable under the premises are
likewise prayed for.
Urdaneta City, Pangasinan this 28 th day of October, 2021..

5
MARK LESTER T. BASA

Counsel for the Plaintiff
Tarece, San Carlos City,Pangasinan
PTR NO. IIIIII 01-02-03
Roll No.123456
IBP No. 123456 01-02-03
MCLE COMPLIANCE NO.VI-12345678
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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, MARIO RED, of legal age, single, Filipino citizen and a resident of No. 47, Sto.
Domingo, Urdaneta City, Pangasinan, after having been duly sworn to in accordance with law,
do hereby depose and state:
1. That I am the Plaintiff in this case;

2. That I have caused the preparation of the Complaint;
3. That the allegations in Complaint are true and correct based on my personal
knowledge and as per available authentic documents;
4. That this Complaint is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation;
5. That the factual allegations herein have evidentiary support, or if, specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for
discovery;
6. That I have not commenced any other action or proceeding of the same nature/cause
of action in the Supreme Court, Court of Appeals or any tribunal or agency; and,
7. That if I should thereafter learn that a similar action or proceeding was filed and or
pending before the Supreme Court, Court of Appeals and or other tribunal or agency,
I bind myself together with my counsel to report about this fact within five (5) days
from knowledge thereof to the Court where this initiatory pleading was originally
filed.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th day of

October, 2021 at Urdaneta City, Pangasinan.
MARIO RED
Affiant
SUBSCRIBED AND SWORN to before me this 28th day of October, 2021 at Urdaneta
City, Pangasinan.
Doc. No.____;
Page No.____;
Book No.____; Notary Public
Series of 2021

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1

Republic of the Philippines

1. Plaintiff MARIO RED is of legal age, single, Filipino Citizen, and is

2. Defendant LUIGI GREEN is likewise of legal age, single, Filipino

3. Defendant is a close friend and a Barangay mate of the plaintiff

4. Reposing trust and confidence on the defendant who is the close

A copy of the PROMISSORY NOTE is hereto attached as “ANNEX A”

6. In order to settle the matter amicably, sometime on September 4,

A copy of the CERTIFICATION TO FILE ACTION dated September 30,

7. Subsequently, Plaintiff consulted a lawyer who prepared and

Copy of the FINAL DEMAND LETTER and the REGISTRY RETURN

Hence, Plaintiff have no other recourse but to file this complaint.

8. By reason of the obstinate and continued refusal of the defendant to

9. Plaintiff will likewise incur litigation expenses in the form of

10. To set an example not to trample on the rights of others,

WITNESS TO BE PRESENTED AND THE PURPOSE OF HIS TESTIMONY

11. Plaintiff will be presented as witness for the following purposes:

Plaintiff will likewise present and identify the following Documents:

a. Copy of the Promissory Note dated April 19, 2021;

a. P130,000.00 representing the principal loan;

2. Ordering the defendant to pay the cost of suit.

Urdaneta City, Pangasinan this 28 th day of October, 2021..

MARK LESTER T. BASA

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

1. That I am the Plaintiff in this case;

IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th day of

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