REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH 30, MANILA
SALVADOR CHUA,

Civil Case No. 163661

Plaintiff,

- versus -

For: Collection of sum of money

RODRIGO RIVERA and SILVIA SANCHEZ,

Defendants.
X ----------------------------- X
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
1. Plaintiff is a Filipino, of legal age, and resident of 123 Brgy. 456, Manila
City; defendants are both Filipinos, of legal age and residents of 321 Brgy.
789, Manila City, where they may be served with summons and other
processes.
2. On February 24, 1995, defendants jointly and severally obtained a loan
from the plaintiff, in the amount of P120,000/00, with Promissory Note
showing promise to pay on December 31, 1995, and with agreement of
imposing a 5% monthly interest from the date of default until the entire
obligation is fully paid for.
3. On December 21, 1998, the plaintiff received a check issued by Defendant
Rivera, drawn against defendants PCIB current account, numbered
132224, duly signed and dated, but blank as to payee and amount.
Ostensibly, as per understanding by the parties, PCIB Check No. 132224
was issued in the amount of P133,454.00/00 with "cash" as payee.
Purportedly, the check was simply partial payment for defendants loan in
the principal amount of P120,000.00/00. Upon presentment for payment,
the check was dishonored for the reason "account closed."
4. Despite repeated demands, both oral and written, defendants failed or
have refused to pay any amount to plaintiff. A copy each of plaintiffs two
(2) demand letters is attached as ANNEX A and B.
5. As of 31 May 1999, the amount due and demandable was pegged at
P366,000/00, covering the principal of P120,000/00, plus five percent (5%)
interest per month, from 1 January 1996 to 31 May 1999.

6. Resort to the Barangay Conciliation process proved fruitless as defendant

failed to appear, despite notice on him to appear. Thus, a Certification to
File Action, a copy of which is attached as ANNEX C, was issued by the
Barangay Chairman.
7. By reason of defendants unreasonable failure or refusal to pay his due
and demandable obligation, plaintiff was forced to engage the services of
counsel to vindicate his rights thereby committing himself to pay legal
expenses amounting to Fifty Thousand Pesos (P50,000/00).
WHEREFORE, plaintiff respectfully prays for judgement in his favor
through a Decision directing defendant to pay him Three Hundred Sixty-six
Thousand Pesos (P366,000/00), with legal interest, as ACTUAL DAMAGES and
FIFTY THOUSAND PESOS (P50,000/00) as Attorneys Fees.
Other just and equitable reliefs are also prayed for.
June 1, 1999, Manila City.
MARIA LOPEZ
Attorney for Plaintiff
LOPEZ LAW OFFICES
2nd Floor RCBC Plaza, Ayala Avenue, Makati City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 1999
IBP No. 123456/ Manila / January 20, 1999
MCLE Compliance No. 123456

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Salvador Chua, of legal age, do hereby state that: I caused this
complaint to be prepared; I have read its contents and affirm that they are true
and correct to the best of my own personal knowledge; I hereby certify that there
is no other case commenced or pending before any court involving the same
parties and the same issue and that, should I learn of such a case, I shall notify
the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on ___________.

(Sgd.) S. CHUA

SUBSCRIBED AND SWORN TO before me in the City of

_________________ on this day of ____________, affiant exhibiting before me
his community
tax certificate
no.
_______________
issued
on
_________________ at _______________.

Sgd. N. O. Tario
Notary Public
Until ________________
PTR No. _____________
Issued at _____________
On __________________
Doc. No.
Page No.
Book No.
Series of 2009.