Complaint and Non-Forum Shopping

Republic of the Philippines
REGIONAL TRIAL COURT

11th Judicial Region
Branch 15, Davao City
LUKE DEIDER ARIANNE SANTOS and

Plaintiff SURIGAO ISLAND SALES
CORPORATION (SISC)
-versus-
CIVIL CASE NO. _____

For: Collection of a Sum of
Money with Damages
Defendant
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
COMPLAINT
PLAINTIFF, thru the undersigned Counsel, unto this Honorable

Court, respectfully alleges:
1. That Plaintiff LUKE DEIDER, herein after referred to as

“DEIDER” for brevity, is of legal age, American, a resident of 1016
Condominium, Luzon Avenue, Davao City, Philippines. Plaintiff may
be served with orders and processes of this Honorable Court through
his counsel of record, TUBURAN LAW OFFICE with address at 605,
Davao Center Bldg., CM Recto, Davao City.
2. That Defendant, Arianne Santos, (ARIANNE for brevity)

is likewise of legal age, Filipino, President of Surigao Island Sales
Corporation (SISC) with principal office address at Hinatuan, Surigao
del Sur, Philippines, per last General Information Sheet filed with the
Securities and Exchange Commission, where summons and court
processes may be served;
3. That Defendant, Surigao Island Sales Corporation

(hereinafter “SISC” for brevity) is a domestic corporation duly
organized and existing under Philippine laws with principal office
address at Hinatuan, Surigao del Sur, Philippines per last General
Information Sheet filed with the Securities and Exchange Commission
Page | 1
where summons and court processes may also be served;
4. That on a letter February 23, 2010, the defendant,

ARIANNE through her sister Rona, affirmed and confirmed that
plaintiff is a creditor of SISC for a sum of money amounting to
Twenty-five Million Four Hundred Thousand Pesos
(PhP25,400,000.00), among others, and made an undertaking that a
Promissory Note in favor of plaintiff shall be executed to secure the
latter's creditor position in SISC. This promissory note is to be the
joint obligation of SISC and ARIANNE; A copy of the letter is
attached herein as Annex “A”. Moreover, a copy of the Board
Resolution authorizing RONA SANTOS (Rona for brevity) in behalf
ARIANNE and SISC to enter into a loan agreement is attached in this
complaint as Annex “B”.
5. That in recognition of defendant’s SISC obligation in favor

of the plaintiff, the former through Rona executed a Promissory Note
in favor of the plaintiff on May 3, 2010, a copy of the promissory note
is hereto attached as Annex “C”;
6. That as shown in the promissory note, the obligation was

to become due and demandable ONE YEAR from its execution and
said obligation is also to be interest-bearing at 25%per annum;
7. That after the lapse of one year from its execution, no

payment was made to the plaintiff;
8. That plaintiff sent separate letters to the defendants

containing the demand for the payment of its obligation. The demand
letters were dated and sent on the following dates: (1) May 5, 2011;
(2) June 5, 2011; and (3) July 5, 2011, copies of which are hereto
attached as Annex “D”, Annex “D-1”, Annex “D-2”;
9. That notwithstanding plaintiff's repeated demands, both

written and verbal, defendants failed, neglected and refused to fulfill
its obligations without just and valid grounds to the continued
damage and prejudice of plaintiff, leaving no other recourse but to
litigate and file this action;
10. That defendants have, as of this date, defaulted in the

payment of an aggregate amount of EIGHTY SIX MILLION TWO
HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED SIXTY-
SIX PESOS and 70/100 (P86, 254,166.70);
Page | 2
11. That the plaintiff in order to enforce his rights and
interests, has sought the services of a legal counsel with attorney’s
fees amounting to One Hundred Thousand Pesos (PhP
100,000.00) and an appearance fee of Three Thousand Pesos
(PhP 3,000.00) per hearing;
12. That the plaintiff has paid for litigation expenses

amounting already to SIX MILLION THREE HUNDRED TWENTY
THOUSAND PESOS (PhP 6,320,000.00)
13. That by reason of defendant’s unjustified acts as well as

bad faith and intentional refusal to pay his overdue obligation,
Plaintiff is entitled to the award of moral damages in the amount of
One Million (P1,000,000.00);
14. That by reason of defendant’s violation and disregard of

Plaintiff’s rights, the award of exemplary damages in the amount of
One Million (P1,000,000.00) is likewise warrant to serve as a
deterrent to the commission by the defendants and to others
similarly-minded of similar acts in the future.
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed of this Honorable Court that, after due hearing,
judgment be rendered against the defendant ordering the latter to
pay the plaintiff as follows:
1. The amount of TWENTY-FIVE MILLION FOUR

HUNDRED THOUSAND PESOS (P25,400,000.00) representing the
unpaid principal obligation as evidenced by the Promissory Note duly
executed dated May 3, 2010;
2. The amount of SIXTY MILLION EIGHT HUNDRED

FIFTY FOUR THOUSAND ONE HUNDRED SIXTY-SIX PESOS
and 70/100 (P60, 854,166.70) representing the interest of 25% per
annum as evidenced also by the Promissory Note duly executed
dated May 3, 2010;
3. The amount of ONE MILLION PESOS (P1,000,000.00)

as and by way of moral damages;
Page | 3
3. The amount of ONE MILLION PESOS (P1,000,000.00)
as and by way of exemplary damages;
4. Litigation Expenses amounting to SIX MILLION THREE

HUNDRED TWENTY THOUSAND PESOS (PhP 6,320,000.00)
Other reliefs just and equitable under the premises are likewise
prayed for.
Davao City, December 27, 2019
ATTY. NHIZZA DAWN D. TUBURAN, MBA

Counsel for the Plaintiff
605, Davao Center Bldg., CM Recto, Davao City.
MCLE Exempted As Per MCLE Governing Board Order No. 1, s. 2008
IBP OR No. 064645; Davao Del Sur; 1/08/19
PTR - 2468404/TIN.928-794-622
Telephone No. : 09481344702
Email-address: [email protected]
Page | 4
VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
I, LUKE DEIDER, American, a resident of 1016 Condominium,

Luzon Avenue, Davao City, Philippines after having been duly sworn
in accordance with law depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I caused the preparation of the foregoing Complaint

and I have read the allegations therein and certify that the same are
true and correct of my own personal knowledge;
3. That I further certify that I have not commenced any other

action involving the same issues before the Supreme Court, Court of
Appeals or any division thereof or any tribunal or agency; and to the
best of my knowledge no such action is pending before the Supreme
Court, Court of Appeals or any division thereof or any tribunal or
agency;
4. That in the event that any action involving the same should
be made known, I hereby bind myself to report the same within five
(5) days from knowledge thereof to this Honorable Court.
WITNESS WHEREOF, I hereunto set my hand this __27th _ day

of December, 2019 at Davao City, Philippines.
LUKE DEIDER
Plaintiff
SUBSCRIBED AND SWORN TO before me this 27th day of

December, 2019 at Davao City, Philippines, affiant having
exhibited to me his Driver’s License with No. 14389047
issued on 04-21-15 at Davao City.
NOTARY PUBLIC
Doc. No._____
Page No. ____
Book No. ____
Page | 5
Series of _____
Page | 6

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Republic of the Philippines

REGIONAL TRIAL COURT

LUKE DEIDER ARIANNE SANTOS and

CIVIL CASE NO. _____

PLAINTIFF, thru the undersigned Counsel, unto this Honorable

1. That Plaintiff LUKE DEIDER, herein after referred to as

2. That Defendant, Arianne Santos, (ARIANNE for brevity)

3. That Defendant, Surigao Island Sales Corporation

4. That on a letter February 23, 2010, the defendant,

5. That in recognition of defendant’s SISC obligation in favor

6. That as shown in the promissory note, the obligation was

7. That after the lapse of one year from its execution, no

8. That plaintiff sent separate letters to the defendants

9. That notwithstanding plaintiff's repeated demands, both

10. That defendants have, as of this date, defaulted in the

12. That the plaintiff has paid for litigation expenses

13. That by reason of defendant’s unjustified acts as well as

14. That by reason of defendant’s violation and disregard of

WHEREFORE, PREMISES CONSIDERED, it is most

1. The amount of TWENTY-FIVE MILLION FOUR

2. The amount of SIXTY MILLION EIGHT HUNDRED

3. The amount of ONE MILLION PESOS (P1,000,000.00)

4. Litigation Expenses amounting to SIX MILLION THREE

Davao City, December 27, 2019

ATTY. NHIZZA DAWN D. TUBURAN, MBA

I, LUKE DEIDER, American, a resident of 1016 Condominium,

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the foregoing Complaint

3. That I further certify that I have not commenced any other

WITNESS WHEREOF, I hereunto set my hand this __27th _ day

SUBSCRIBED AND SWORN TO before me this 27th day of

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