REPUBLIC OF THE PHILIPPINES

Regional Trial Court

11th Judicial Region
Davao City
Branch ____

_____________________________
Plaintiff,

Civil Case No. ______

FOR: Collection of
Sum of Money

-versus-

_____________________________
Defendant,
x------------------------------------------------------x

COMPLAINT

Plaintiff,

____________________________________,

by

and

through

the

undersigned counsel and unto this Honorable Court, most respectfully states that:

PARTIES

1) Plaintiff is _______________________, of legal age, Filipino citizen, with

address at _________________________________, Davao City, Philippines
where the Plaintiff can be reached with the processes of this Honorable
Court;
2) Defendant

is

____________________________,

resident

of

_________________________________, Davao City, Philippines where he can

be reached with the processes of this Honorable Court;
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3) All parties have the capacity to sue and be sued;

FACTS

4) Defendant ______________________________ entered into an agreement 1

with Plaintiff ________________________________________;
5) The agreement entered into between Plaintiff and Defendant refers to a
construction project2 of a townhouse to be built on a parcel of land owned
by the Defendant, covered by Transfer Certificate of Title ____________ 3,
located at ___________, Davao City, Philippines;
6) The proposed project cost is ________________________________ (Php
_____________.00) PESOS as shown by the proposal prepared by
_________________ as noted by Plaintiff _____________4;
7) Such proposal was duly presented to Defendant, and was acceded to by
him, as can be gleaned from his subsequent actions of assigning an
attorney-in-fact and acquiring a loan from ___________ Bank of the
Philippines;
8) ______________________ executed a Special Power of Attorney 5 authorizing
________________

to

negotiate

in

his

behalf

in

relation

to

the

abovementioned construction project;

9) To cover the cost of the construction project, in the same Special Power of
Attorney6, _________________ was also authorized to apply for a housing

Copy of the construction project entered into between Defendant and Plaintiff is herein attached as
ANNEX _
2
Ibid.
3
Copy of the Transfer Certificate of Title is herein attached as ANNEX _
4
Refer to ANNEX _
5
Refer to ANNEX _ to _
6
Ibid.
1

Page | 2

loan with ___________ Bank of the Philippines and to mortgage the abovedescribed parcel of land as security for the payment of said loan;
10)The contract price for the said construction project is the same as the cost
of the project indicated in the application for the loan with the
____________

Bank

of

___________________________

the
(Php

Philippines,
_______________.00)

which

was

PESOS7

as

reflected in the proposal prepared by _________________ and noted by

Plaintiff ______________;
11)After the loan application was approved, the construction of the
townhouse commenced;
12)However, upon completion of the said project, the actual total payments
made to the Plaintiff was only in the amount of _________________________
PESOS (Php _____________.00)8;
13)Based on the actual cost of the project of _______________________________
(Php _________.00) PESOS and the actual total payments made to herein
Plaintiff

of

_________________________________PESOS

__________________.00),

there

left

an

unpaid

(Php

balance

of

_____________________________(Php __________.00) PESOS;

14)Defendant failed to pay the unpaid balance of _______________________
(Php ____________.00) PESOS;
15)Several demands were made to Defendant _______________________ for hi,
to pay the outstanding obligation, including a demand letter dated
____________, 20149, sent by Plaintiff, through the undersigned counsel,
reiterating said demand with a warning of the possibility of legal action
arising therefrom;
Refer to ANNEX _
Copy of the statement of account of the payments made to _____________ is herein attached as
ANNEX _
9
Copy of the demand letter dated ____________, 2014 is herein attached as ANNEX _
7
8

Page | 3

16)However, despite these demands, the Defendant still failed and refused to
pay the outstanding and now overdue obligation, to the damage and
prejudice of herein Plaintiff;
17)As a consequence thereof, Plaintiff ___________ was compelled to engage
the services of counsel to judicially enforce the instant claim and to protect
its interest for which it bound itself to pay the sum equivalent to twenty
(20%) percent of the Defendants outstanding liability as attorneys fees;

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed of

this Honorable Court that judgment be rendered ordering the Defendants:

1) To pay the amount of _______________________ (Php _____________.00)

PESOS, which is the unpaid balance of the contract price agreed upon;

2) To pay attorneys fees equivalent to twenty (20%) percent of the

Defendants outstanding balance, plus appearance fees per day of hearing;

3) To pay the other costs and expenses of litigation as may be estimated or

proven during the trial.
Plaintiff _____________________ further prays for such other relief as may be
just and equitable under the circumstances.

Davao City, _______________, 2014.

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BY:
_______________________
PTR No.957893-01/02/14-D.C.
IBP No. 984739-01/03/14-D.C.
Roll No. 66666
MCLE Compliance No. IV-004321
Tel Nos. (082) ___________
Email Address: _________________________

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REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO
)ss
x-------------------------------------------------x

VERIFICATION

I, ___________________, of legal age, Filipino, and a resident of Davao City,

Philippines, after having been duly sworn to in accordance with law hereby depose
and state that:

1) I am the Plaintiff in the Civil Case No. ___________ for Collection of Sum
of Money entitled ______________ versus _____________________________;
2) I have caused the preparation and filing of the foregoing Complaint to the
above-entitled case;
3) I have read and understood the contents thereof; and that all the
allegations therein are true and correct of my personal knowledge and
based on authentic records I have reviewed;
4) I am executing this Verification to attest to the foregoing facts.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of

________________ 2014 at Davao City, Philippines.

__________________________
Affiant

SUBSCRIBED AND SWORN to before me this __ day of ______________ 2014

at Davao City, Philippines; affiant exhibiting to me the following:

Competent Evidence of Identity

Affiant

Type of ID

ID No. and Expiry Date (if applicable)

Doc. No.________;
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Page No._______;
Book No._______;
Series of 2014.

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