Complaint For Collection

Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES

City of Iloilo
Branch 23
KRIS E. QUINO,
Plaintiff,
Civil Case No. 123123

For: Collection of Sum of Money
-versusBOY E. BUNDA and

DARLA F. MAGTUBO,
Defendants,
x---------------------------------------x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
The Parties
1. Plaintiff is a Filipino, of legal age, and a resident of Ledesco
Village, Lapaz, Iloilo City;
2. Defendants are also a Filipino, of legal age, and both are
residents of Ledesco Village, Lapaz, Iloilo City, where they may
be served summons and other processes of this Honourable
Court;
The Facts
1. That plaintiff is the owner of chains of supermarket in Iloilo City and
is an established businesswoman since 2000. She met herein
defendants in one of her travels and has since became good friends;
2. That defendant Boy E. Bunda opened the possibility of a new
business venture with herein co-defendant Darla F. Magtubo. The
latter however said that the amount she can invest is only up to the
amount of P50,000;
3. That for the reason of insufficient capital to start the said business
venture defendants approached herein plaintiff for additional capital;
4. That plaintiff acceded to defendants business proposal. However,

since the amount was to be received by her esteemed and trusted
friends, she disregarded the execution of a formal contract executed
in a public instrument;
5. That plaintiff instead of said public instrument made herein
defendants to execute a promissory note;
6. That sometime in January 2014, and over the period of ten (10)
months, defendant borrowed certain amounts from plaintiff.
Defendant promised to pay these amounts on an installment basis
monthly. These amounts total Three Hundred Thousand (P
300,000.00) inclusive of the agreed interest as evidenced by a
promissory note which is hereto attached as Annex A hereof.
Portion of the promissory note is hereby reproduced to wit:
January 2, 2014
We promise to pay Ms. Kris E. Quino the amount of
P250,000.00 plus interest of two percent (2%) per month from
the execution of this note.
Mr. Boy E. Bunda
Ms. Darla F. Magtubo

3. That after the lapse ten (10) months, defendant failed to pay the
amount of the loan and its interest;
4. Despite repeated demands, both oral and written, defendant
failed or has refused to pay any amount to plaintiff as no
instalment payment has been made. A copy of each of plaintiffs
two (2) demand letters is attached as Annex B and C;
5. Resort to the Barangay Conciliation process proved fruitless as
defendant failed to appear despite notice on him to appear.
Thus, certification to file action, a copy of which is attached as
Annex D was issued by the Barangay Chairman;
6. Defendants obligation is due and demandable and plaintiff is
entitled to the payment of the entire amount of Three Hundred
Thousand Pesos;
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 herself to pay legal expenses amounting to Thirty
Thousand Pesos (P30,000.00);
8. That as a result of the unjustified and unwarranted refusal of
the defendant to pay the plaintiff the said amount and interest,
he suffered sleepless nights, serious anxiety in which she would
be awarded the amount of P50,000.00 as moral damages, and
to set an example to the public, plaintiff should be awarded
exemplary damages in the amount of P50,000.00.
WHEREFORE, premises considered, it is most
respectfully prayed unto this Honorable Court that, after
hearing, judgment be rendered in her favour through a decision
directing defendant to pay him THREE HUNDRED THOUSAND
PESOS (P300,000.00), with legal interest, FIFTY THOUSAND
PESOS (P50,000.00) as MORAL DAMAGES, FIFTY
THOUSAND
PESOS
(P50,000.00)
as
EXEMPLARY
DAMAGES, and THIRTY THOUSAND PESOS (P30,000.00) as
Attorneys Fees.
Other just and equitable reliefs are also prayed for.
Iloilo City, Iloilo, March 20, 2015.
ATTY. GELINE JOY D. SAMILLANO

Counsel for Plaintiff
Don Francisco Village, Jaro, Iloilo City
Commission Serial No. 20202
Until December 31, 2016
Attorneys Roll No. 10101
IBP No. 12345-01/03/15 Iloilo City
PTR No. 98765-01/03/15 Iloilo City
MCLE Compliance No. I-0008776 Oct. 21, 2016
VERIFICATION AND CERTIFICATION

I, KRIS E. QUINO, of legal age, after having been duly sworn,
depose and state that:
I am the plaintiff in the foregoing Complaint for Collection of
Sum of Money.
I have caused the preparation of the Complaint, which I have
fully read and understood.
I hereby affirm that all factual allegations contained in said
Complaint are true and correct of my own personal knowledge and
belief, as well as true and correct on the basis of authentic
documents and records in our possession.
I certify that I have not heretofore commenced any action of
filed any claim involving the same issues in any court, tribunal, or
quasi-judicial agency.
If I should hereafter learn that any other similar action or claim has been
filed or is pending, I shall report that fact within five (5) days from
knowledge thereof to this Honorable Court.
________________________
KRIS E. QUINO
SUBSCRIBED AND SWORN TO BEFORE ME, to before
me this 20 day of March 2015 at Jaro, Iloilo City, Iloilo. I hereby
certify that I have personally examined the affiant and I am convinced
that he voluntarily executed and understood the same.
th
ATTY. JOSUE LAMAR

Don Francisco Village, Jaro, Iloilo City
Commission Serial No. 20111
Until December 31, 2016
Attorneys Roll No. 11123
IBP No. 17432-01/03/15 Iloilo City
PTR No. 99875-01/03/15 Iloilo City
MCLE Compliance No. I-0008776 Oct.
21, 2016
Doc. No. 120;
Page No. 28;
Book No. 100;
Series of 2015.
4

Complaint For Collection

Uploaded by

Copyright:

Available Formats

Complaint For Collection

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Complaint For Collection

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Civil Case No. 123123

-versusBOY E. BUNDA and

4. That plaintiff acceded to defendants business proposal. However,

Mr. Boy E. Bunda

Ms. Darla F. Magtubo

7. By reason of defendants unreasonable failure or refusal to pay

ATTY. GELINE JOY D. SAMILLANO

VERIFICATION AND CERTIFICATION

ATTY. JOSUE LAMAR

You might also like