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Republic of the Philippines

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
Branch 416B
Baguio City

SUPER YAMANKO LENDING Civil Case No.


COMPANY _______________
as represented by its General Manager,
ATTY. JOHN EARL DIMALOKO, For Collection of Sum of
Plaintiff, Money, Damages, Writ of
Garnishment and/or Writ of
- versus – Preliminary Attachment
ANTHONY MANDURUGAS, M.D.
Defendant.

x-----------------------------x

COMPLAINT

Plaintiff, through the undersigned counsel and unto this Honorable


Court most respectfully avers that:

1. Plaintiff is a lending company duly created and organized under


Republic Act 9474 or the Lending Company Regulation Act, whose
place of business is located at Room 56, 1st floor Puso ng Saging
Baguio City, Upper Session Road, Baguio City. Attached herewith as
Annex “A” is the Securities and Exchange Commission (SEC)
Certificate of Registration of SUPER YAMANKO LENDING
COMPANY.

2. Defendant is of legal age, Filipino, single, a Cardiologist whose clinic


is located at Room 35, 3rd floor, Saint Louis University Hospital of
the Sacred Heart and a resident of 45 Brookspoint, Aurora Hill,
Baguio City, where he may be served with summons.

3. On January 5, 2017, a loan agreement was entered into between


plaintiff and defendant, where the former extended a loan of Five
Million Pesos (P5, 000,000.00) to the latter. The written loan
agreement by the parties had a term of twelve (12) months or one (1)
year with ten percent (10%) interest per annum and five percent (5%)
penalty for delay. A copy of the loan agreement is hereto attached as
Annex “B” and made an integral part of thereof.
4. The defendant issued a postdated check for the loaned amount.
However, when the same was presented when it fell due on January 5,
2018, the same was dishonored by BPI Family Savings Bank for
insufficiency of funds. A copy of the check returned by the bank,
stamped with “insufficient funds”, is hereto affixed as Annex “C”.

5. The defendant failed to make good the check, hence, the plaintiff sent
an initial demand letter via personal service dated January 10, 2018,
herein attached as Annex “D”, giving the defendant 5 days to settle
the obligation. Unfortunately, the defendant failed to comply with the
demand.

6. On its last and final demand, Plaintiff, again, through personal service
dated January 15, 2018, herein affixed as Annex “E”, wrote to the
Defendant, giving him another five days, to settle. However, the
demand was unheeded causing the Plaintiff to file a civil action
against the Defendant.

7. The Defendant, in the contract of loan he signed (See Exhibit B),


admitted in public instrument that he has numerous Bank Accounts,
namely: ChinaBank (Account No.Z-76558), BPI Family Savings
(Account No.00742-5-01250-3), BDO (Account No.98765-FAR), and
Metrobank (Account No. 976543 ). He also admitted that he owns a
real property such as a parcel of land including the commercial
establishment thereon, named Beshie Building. A copy of TCT No.
50905, herein appended as Annex “F”, proves his ownership over the
said lot. Similarly, herein included is Annex “G”, Certification from
City Assessor’s Office of Baguio City that Defendant is the named
owner of the commercial building thereon. From the foregoing, the
defendant has the financial ability to pay his obligations to the
Plaintiff.

8. Consequently, the Plaintiff learned that the Defendant had not been
paying his other creditors as well, thus, he can only surmise that the
Defendant is undertaking a fraudulent scheme to defraud him and his
creditors. Copies of the affidavits of the creditor-witnesses are hereto
affixed as Annex “H” and series.

9. The Defendant is guilty of fraud in incurring and in the performance


of his obligation to Plaintiff in that it appears that he had no intention
whatsoever right from the beginning of paying his obligation.
PRAYER

WHEREFORE, after hearing and trial, it is respectfully prayed of


this Honorable Court that judgment be rendered in favor of the Plaintiff and
against the Defendant, ordering the following:

1. To pay the unpaid principal amount of Five Million Pesos


(P5,000,000.00) plus One Million Pesos (P1,000,000.00) representing
the interest and Two Hundred Fifty Thousand Pesos (P250,000.00)
for the delay representing the penalty;

2. To grant a writ of garnishment and in case of deficiency to cover the


full amount of the principal loan, interest, and penalty, that a writ of
attachment over Defendant’s real properties, be respectfully issued;

3. To pay Attorney’s fees equivalent to Ten Percent (10%) of the total


amount claimed; and

4. To pay costs of litigation.

Other just and equitable reliefs are likewise prayed for.

City of Baguio, Philippines, 22nd August 2019.

PPT LAW OFFICE


Counsel for the Defendant
4th floor, CAP bldg., Post office loop, Baguio City
Tel. No. 0908-8976-816
Email Add.: PPTLawOffice@gmail.com

By:

DEBORAH MICAH O. PEREZ


PTR No. 1234567; January 5, 2019; Baguio City
Roll No. 56789; May 5, 2018; Manila
IBP No. 54321; January 5, 2019; Baguio-Benguet
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

Republic of the Philippines)


City of Baguio ) S.S.

I, ATTY. JOHN EARL DIMALOKO, of legal age, single, Filipino


and a resident of 1475, Elizabeth Court, Suello Village, Baguio City, under
oath depose and state that:

1. I represent the Petitioner as its General Manager in the above


captioned case; I, on behalf of Petitioner, have caused the
preparation of the same; I have read the allegations contained
therein; and I certify that they are all true and correct to the best
of my own knowledge.

2. I have not commenced any action of proceeding involving the


same issue in the Supreme Court, the Court of Appeals or any
other tribunal or agency; that to the best of my knowledge, no
such action or proceeding is pending in the Supreme Court, the
Court of Appeals or any tribunal or agency.

3. If I should learn thereafter that a similar action or proceeding


has been filed or is pending before these courts of tribunal or
agency, I undertake to report the fact to the Court within five
(5) days therefrom.

In witness whereof, I have hereunto affixed my signature this 22th day


of August, at Baguio City.

ATTY. JOHN EARL DIMALOKO


Petitioner
SUBSCRIBED AND SWORN TO before me this 19th day of August
at Baguio City, Philippines, Affiant presented to me her IBP ID.

ATTY. FRANCIS DOMINICK PEDROCHE ABRIL


Notary Public
Baguio City
Notarial Commission No. 01-2019-416B (21 August 2019)
Commission Expires on 31 Dec 2021
Roll No. 108008; 28 June 2018
IBP No. 0287888; IBP Baguio-Benguet Chapter- 01 Jul 2018
PTR No. 2651863; La Trinidad- 03 Jan 2019
MCLE No. VII- 01234; 05 May 2019
Room 208, Juniper Building, Bonifacio Street, Baguio City
afd0410@gmail.com / 0906-968-0910

Doc. No. 1
Page No. 2
Book No. 3
Series of 2019.