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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH 69, MANDALUYONG CITY

PAMPAYAMAN FINANCE
CORPORATION
represented by Mr. Ben
Bulac, President and Liza
Castrillo, Secretary

Plaintiffs.

-versus- CIVIL CASE NO. M-2014-


123
For: Sum of money and
damages

Mrs. Miranda Dones


surviving spouse of Mr.
Carlo Dones

Defendants.
x------------------------------------------------x

COMPLAINT

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


most respectfully states:

1. That plaintiff is a finance and lending corporation duly


organized and existing under the Laws of the Philippines,

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having its principal office at No.53, Pilar St. Brgy. Pleasant
Hills, Mandaluyong City;

2. That defendant is Mrs. Miranda Dones, the surviving spouse


of Mr. Carlo Dones, of legal age, Filipino citizen and residing
at Unit 7C Shaw Residenza, Shaw Boulevard, Barangay
Addition Hills, Mandaluyong City, where she may be served
with summons and other Court processes;

3. That on Oct 15, 2017, the defendant obtained a loan from the
plaintiff in the sum of Seven Hundred Fifty Thousand Pesos
(P750,000.00) Philippine Currency, with the following terms
and conditions among others:

a. The principal loan obligation shall be payable in Three


(3) Months from time of execution of the agreement;
b. The principal loan obligation shall incur an interest of
36% per month compounded; and
c. The loan was to mature on 15 January 2018.

4. That as a security for the loan, Mr. Carlo Dones has


mortgaged by way of Accommodation Mortgage a
Condominium in Quezon City registered under the holding
company of Liwayway Holding Corporation. As evidence, a
Xerox copy of the Accommodation Mortgage dated October
15, 2017 is herewith attached and marked as Annex “A” and
made integral part hereof.

5. That Mr. Michael Green died on November 1, 2017. Leaving


the loan unpaid. The second paragraph of Sec. 16, Rule 3 of
the 1997 Rules Civil Procedure as Amended, provides:

Section 16. Death of party; duty of counsel. —


Whenever a party to a pending action dies, and the
claim is not thereby extinguished, it shall be the duty of
his counsel to inform the court within thirty (30) days
after such death of the fact thereof, and to give the
name and address of his legal representative or

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representatives. Failure of counsel to comply with his
duty shall be a ground for disciplinary action.

The heirs of the deceased may be allowed to be


substituted for the deceased, without requiring the
appointment of an executor or administrator and the
court may appoint a guardian ad litem for the minor
heirs.

The court shall forthwith order said legal representative


or representatives to appear and be substituted within a
period of thirty (30) days from notice.

If no legal representative is named by the counsel for


the deceased party, or if the one so named shall fail to
appear within the specified period, the court may order
the opposing party, within a specified time to procure
the appointment of an executor or administrator for the
estate of the deceased and the latter shall immediately
appear for and on behalf of the deceased. The court
charges in procuring such appointment, if defrayed by
the opposing party, may be recovered as costs.

Death certificate of Mr. Carlo Dones was attached as Annex


“B”.

6. That the said loan is now overdue


and despite demands made orally and in writing by the
plaintiff, defendant’s spouse refused and failed to pay the
amount as evidenced by the Demand Letter send by the
Bank’s Legal Counsel, dated February 01, 2018, photocopy of
which is hereto attached as Annex “C” and made an integral
part hereof.

PRAYER

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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.

1. Ordering the defendant to pay plaintiff the amount of


Seven Hundred Fifty Thousand Pesos (P750,000)
Philippine Currency, with interest thereon at the rate of
36% per month, compounded from January 15,2018,
and until the same is fully paid; 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.

Mandaluyong City, Philippines, June 28, 2018.

CHAN AND GO
ASSOCIATES LAW OFFICE
Counsel for the Plaintiff.
3rd. Floor New Era Building
No. 10 Magalang Street, Bgy.
Pinyahan, Mandaluyong City

For the Firm:


Atty. Pierre Cardin
IBP No. 827847, 6/8/11, QC
PTR No. 576784, 6/8/11, QC
Attorney’s Roll No. 374435
MCLE Compliance No. 11-
0989699
MCLE Compliance No. 111-
006969

VERIFICATION AND CERTIFICATION OF

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NON-FORUM SHOPPING

I, Ben Bulac, of legal age, President of Pampayaman Lending


Corporation located at No. 53 Pilar Street, Brgy. Pleasant Hills
Mandaluyong City, 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 quasi-judicial 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 26th day of June, 2018 at Mandaluyong City, Philippines.

Ben Bulac
Affiant

SUBSCRIBED and SWORN TO before me this 26th day of


June, 2018 at Mandaluyong City, Philippines, affiant exhibiting to
me her CTC # 2014123456 issued on 26th day of June at
Mandaluyong City, Philippines.

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ATTY. HERBERT TIRONA PADRON
Commission No. 58
Expires on December 31, 2018
Tirona Law Office, Alta Tierra Village, Jaro,
Mandaluyong City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/18, Mandaluyon
City
IBP NO. 123456, 01/04/18,
Mandaluyong City
MCLE Comp. No. IV-0009876, 01/02/18

Doc. No. 4;
Page No. 2;
Book No. 1;
Series of 2018;