Republic of the Philippines REGIONAL TRIAL COURT 5th Judicial Region Branch ___ Legazpi City

MR. X, Petitioner, CIVIL CASE NO. 123 For: Sum of Money with prayer for the issuance of writ of preliminary attachment

-versus-

MR. Y, Respondent x-----------------------------------x COMPLAINT COMES NOW, the plaintiff, through the undersigned counsel, and unto this honorable court, most respectfully avers: 1. That plaintiff is of legal age, Filipino Citizen, with postal address at #1136-A A. Maceda Street, Legazpi City; 2. That Defendant Y, is of legal age, Filipino Citizen, with postal address at No. 24 Evangelista Street, Santolan, Pasig City, where he may be served with summons and other processes by this Honorable Court; 3. That sometime in January 2005, defendant obtained several construction materials from the plaintiff in the total amount of P5,000,000.00 as evidenced by the Purchase Order, Delivery receipt which are hereto attached as Annexes A D hereof; 4. That as payment of the said constriction materials, defendant issued several postdated checks and represented that the same will be covered by sufficient funds on its maturity dates. Copies of the checks are hereto attached as Annexes E G hereof; 5. That on its maturity date, the said checks was dishonored by the drawee baks upon presentment for payment for reason ACCOUNT CLOSED, as evidenced by the notice of dishonor issed by the bank which is hereto attached as Annex H hereof;

6. That despite repeated demands orally and in writing, defendants refused and continously refusing to make good the said bounced checks or pay the construction materials to the damage and prejudice of herein plaintiff. Copy of the demand letter is hereto attached as Annex I hereof; 7. That as a result of the unwarranted and unjustifiable refusal of the defendants to pay the said construction materials or make good said checks, plaintiff suffered sleepless nights, serious anxiety in which he should be awarded the amount of P100,000.00 as moral damages, and to set an example to the public, plaintiff should be awarded exemplary damages un the amount of P100,000.00; ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OF PRELIMINARY ATTACHMENT Plaintiff re-pleads all the foregoing averments by way of reference and in so far as they are relevant and material to its application for the issuance of a writ of Preliminary Attachment; 8. A sufficient cause of action exists against the defendant; 9. The defendant are guilty of fraud in contractiong and in the performance of their obligation as manifested by defendant, Mr. Y, who represented himself as a credible businessman and financially capable of paying his obligation, when in truth and in fact, he is not, and the fraudulent scheme becoming more evident when despite demands, he failed and refused to settle without justifiable ground his just and demandable obligation; 10.There is no sufficient security for the claim sought to be enforced by the present action; 11.The amount due to the plaintiff in the above-entitled case is P5,000,000.00, excluding legal fees and other charges as of to date for which amount, an order of attachment is being sought above all legal counterclaims against the Defendants; 12.Plaintiff is ready and willing to give a bond to be fixed by this Honorable Court, executed to the defendant, to answe for all costs which may be adjudged to the latter, and all damages which defendant may sustain by reason of the attachment prayed for, if the court shall finally adjudge that Plaintiff is not entitled thereto; In support of the foregoing allegations, the Plaintiff has attached hereto his affidavit.

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered as follows: 1. An order of attachment be immediately issued by this Honorable Court, requiring the sheriff to attach properties of the Defendants which are not exempt from execution or so much thereof as may be sufficient to satisfy Plaintiffs demand which is in the total amount of P5,000,000.00; and after hearing; 2. Judgment be rendered ordering the defendant to pay plaintiff the amount of P5,000,000.00, representing unpaid account excluding legal fees and other charges as of to date; 3. Ordering the defendants to pay the plaintiff the amount of P100,000.00 as moral damages, and P100,000.00 as exemplary damages; 4. P50,000.00 by way of Attorneys fees and P2,500.00 as per appearance fee and costs of suit; 5. Ordering the defendants to pay the costs of suit. Other reliefs which are just and equitable are likewise prayed for. Legazpi City, Philippines, March 31, 2005. ABOGADO LAW OFFICE Counsel for the Petitioner Rasi Bldg., Legazpi City By: ABOGADO A. ABOGADO IBP No. 1231231/2-5-05 PTRNo.123/10-2203/Leg. Roll No. 123123 VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING REPUBLIC OF THE PHILIPPINES ) CITY OF LEGAZPI

)S.S.

I, MR. X, of legal age, Filipino Citizen, married, after having been duly sworn to in accordace with law, hereby depose and say:

1. That I am the plaintiff in the above-entitled case; 2. That I have cause the preparation of the foregoing Complaint/Petition and have read the allegations contained therein; 3. That the allegations in the said complaint/petition are true and correct of my own knowledge and authentic records; 4. I hereby certify that I have not commenced any other action or proceeding involving the same issued in the Supreme Court, Court of Appeals, or any other tribunal or agency; 5. That if I should thereafter learned that a similar action or proceeding has been filed or is pending before the Supreme Court, court of Appeals or any other tribunal agency, I hereby imdertake to report that fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed; 6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provision of Adm. Circular No. 04-94 of the Honorable Supreme Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of March 2005, in Legazpi City, Philippines. MR. X Affiant SUBSCRIBED AND SWORN to before me this __ day of March 2005, in the City of Legazpi, with affiant exhibiting to me his SSS ID, with ID No. 1234 issued at Legazpi City on April 2001.

Notary Public Doc. No.____; Page No.____; Book No.____; Series of 2005.

REPUBLIC OF THE PHILIPPINES ) CITY OF LEGAZPI

)S.S.

AFFIDAVIT OF GOOD FAITH I, MR. X, Filipino, of legal age, and with office address at No. 1136-A, A. Maceda Street, Legazpi City, after having been duly sworn to in accordance with law, do hereby depose and say: 1. That I am the plaintiff in the above-entitled case; 2. That I have a good and sufficient cause of action against the defendant; 3. That this action is one of those specifically mentioned in Sec. 1 of Rule 57 of the Rules of Court, namely that Defendant was guilty of fraud in contracting the debt or incurring the obligation upon which the action is brought, as he convinced plaintiff that he was a financially capable businessman; 4. That the amount due to the plaintiff in this case is P5,000,000.00, excluding legal fees and other charges, above all legal counterclaims; 5. That there is no sufficient security for the claim sought to be enforced by the present action. IN WITNESS WHEREOF, I have hereunto set my hands this 31st day of March 2005, at Legazpi City. MR. X Affiant SUBSCRIBED AND SWORN TO before me this ___ day of March, 2005 in the city of Legazpi. Notary Public Doc No.____; Page No._____; Book No._____; Series of 2005.