REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
CITY OF MALOLOS
BRANCH 83

JAMES PEREZ
Plaintiff.
CIVIL CASE NO. M-2007-415
For: Sum of money and damages

-versus-

JOHN MARVIN LUSTESTICA

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

COMPLAINT

COMES NOW Plaintiff, by counsel, unto this Honorable Court, most

respectfully states:
1. That plaintiff JAMES PEREZ of legal age, Filipino Citizen residing at
No.18 Executive St. Brgy. Sto. Nino, Paombong;
2. That defendant JOHN MARVIN LUSTESTICA, of legal age, Filipino
citizen and residing at Hustisya St. Grand Royale Subdivison, Bulihan
City of Malolos,Bulacan where he may be served with summons and
other Court processes;
3. That on 5th of July 2006, the defendant borrowed a sum of money
from the plaintiff in the amount of FIVE HUNDRED THOUSAND
PESOS (P500,000.00) Philippine Currency, with the following
condition that it would be returned as soon as defendant obtained his
expected profits from Polystar.
4. That said amount was drawn by plaintiff through a Metrobank Check
No. 0218743 in favor of one Luzviminda Nicolas, allegedly the Liason
officer of Polystar as instructed by defendant for the purpose of having
it cashed and delivered to the defendant.
5. That said amount was allegedly used for a purchase of a farm lot
located in San Jose Batangas in favor of defendant Lustestica.
6. That despite his promise to pay upon receipt of his profits from
Polystar defendant refused to pay his obligation; which on 12th
January 2007, plaintiff through counsel sent a demand letter to
defendant demanding payment of the amount of FIVE HUNDRED

Complaint Affidavit
PEREZ vs. LUSTESTICA
Sum of Money

THOUSAND PESOS (P500,000.00) Philippine Currency for the loan

borrowed plus TWELVE PERCENT (12%) per annum interest and
collection fees equivalent to TWENTY PERCENT (20%) of the principal
amount.
7. That said demand letter was received by the defendant through his
secretary, Lorelie Hernandez, at Polystars office in Paraque City,
which was still ignored by defendant, photocopy of which is hereto
attached as Annex A and made an integral part hereof.
8. That the loan is overdue, notwithstanding demands made orally and
in writing by the plaintiff, defendant refused to conform to his
promise, evidenced by final demand letter sent by the same counsel.
Photocopy of which is hereto attached as Annex B and made an
integral part hereof.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court

that after due hearing, judgment be rendered in favor of plaintiff and against
the defendant in this manner.
9. 1.
Ordering the defendant to pay plaintiff the amount FIVE
HUNDRED THOUSAND PESOS (P500,000.00) Philippine Currency
for the loan borrowed plus TWELVE PERCENT (12%) per annum
interest and collection fees equivalent to TWENTY PERCENT (20%) of
the principal amount; and
2.

Ordering the defendant to pay the cost of this suit.

Plaintiff likewise prays for such other and further relief or reliefs as
this Honorable Court may deem just and equitable in the premises.

City of Malolos, Philippines, May 10, 2007.

ATTY. MARICAR V. EUGENIO

UNIT J, CORAZON BLDG. #265
PILANDORA ST. LIANG CITY OF
MALOLOS
IBP No. 107931, 8/8/11, BULACAN
PTR No. 487126, 8/8/11, BULACAN
Attorneys Roll No. 8107931
MCLE Compliance No. 11-0989699
MCLE Compliance No. 111-0098788

Page 2 of 4

Complaint Affidavit
PEREZ vs. LUSTESTICA
Sum of Money

MCLE
Compliance
00098654
MCLE
Compliance
09874322

No.
No.

111111111-

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING
I, JAMES PEREZ, of legal age, Filipino Citizen residing at No.18
Executive St. Brgy. Sto. Nino, Paombong Bulacan, under oath, do hereby
depose states that:
1. I am the complainant in the said case;
2. I have caused the preparation of the same and I attest to the
veracity of all the allegations stated herein;
3. I have read and understood all the allegations herein and that I
attest to the authenticity and veracity of all the documents
attached herein as based on existing and authentic records;
4. I further certify that I have not commenced or filed any claim
involving the same issues herein with any other Court. Tribunal
or Quasi-Judicial Agency or I am not aware of any such other
case or claim pending before any other court, tribunal or quasijudicial agency; and
5. Should I thereafter learn of the filing or pendency of such similar
action or claim, I will inform this Honorable Court of such fact
within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, I have hereunto affixed my hands this 10 th

day of May 2007 at City of Malolos, Bulacan, Philippines.

JAMES PEREZ
Affiant
Page 3 of 4

Complaint Affidavit
PEREZ vs. LUSTESTICA
Sum of Money

SUBSCRIBED and SWORN TO before me this 10TH day of May 2007 at

City of Malolos, Bulacan Philippines, affiant exhibiting to me his Drivers
license # 2007123456 issued on 31st day of August 2006 at City of Malolos,
Philippines.

Doc. No. 42
Page No. 08
Book No. 01
Series of 2007

ATTY. TEODORO DANTES

NOTARY PUBLIC
UNIT M, CORAZON BLDG. #265
PILANDORA ST. LIANG CITY OF
MALOLOS
IBP No. 32145, 8/8/11, BULACAN
PTR No. 87654, 8/8/11, BULACAN
Attorneys Roll No. 0987654
MCLE Compliance No. 11-009876
MCLE Compliance No. 111-009898
MCLE Compliance No. 1111-000954
MCLE Compliance No. 11111-09874

Page 4 of 4