Republic of The Philippines Regional Trial Court Branch - Borongan City

Republic of the Philippines
REGIONAL TRIAL COURT

Branch __
Borongan City
SEBASTIAN DIAZ, Civil Case No. ___

Plaintiff, For: Collection of Sum of
Money with Prayer of
-versus- Writ for the issuance of
Preliminary Attachment
FEDERICO GOMEZ,
Defendant.
x---------------------------------------------x
COMPLAINT
PLAINTIFF, through the undersigned counsel, mostly respectfully avers that:
THE PARTIES
1. That plaintiff, SEBASTIAN DIAZ, is a Filipino citizen, of legal age,

married and a resident of Blk 3 Lot 1, Sunshine Dewville Subdvision,
Brgy. Matina, Borongan City;
2. The defendant, FEDERICO GOMEZ, is likewise a Filipino, of legal age,

, and residing at Unit 3, 2nd Floor Justaway Condominiums, Brgy Sasa,
Maydolong Eastern Samar;
3. Both parties may be served with summons and other court processes at
their respective addresses;
STATEMENT OF FACTS
4. On January 22, 2018, defendant borrowed from plaintiff the amount of

ONE MILLION PESOS (Php. 1,000,000.00), which indebtedness is due
and payable on or before January 22, 2021 with an interest at the rate of
5% per month, in accordance with the promissory note executed by the
defendant on the said date and secured by a mortgage over a tract of
farmland. A copy of the mortgage is attached and marked as “Annex A”.
5. That on March 12, 2019, defendant again took a loan from plaintiff an amount
of FIVE HUNDRED THOUSAND PESOS (Php 500,000) which indebtedness
is due and payable on or before March 12, 2021 with an interest of of 5% per
month, in accordance with the promissory note executed by the
defendant on the said date and secured by a mortgage over another tract
of land.
1
6. That the defendant has failed and refused and still fails and refuses to
pay the said indebtedness on due date, with corresponding interest
thereon to the herein plaintiff, despite repeated requests and demands.
7. That the plaintiff served several demands to the defendant.

Attached is the last demand letter executed on January 10,
2022 by the plaintiff as annex “B” and made as an integral
part hereof;
8. That the defendant shall pay for the total amount of indebtedness of both
loans inclusive of interests plus attorney's fees and expenses of litigation
in the amount of FIFTY THOUSAND PESOS (P 50,000.00) and a fee
of FIVE THOUSAND PESOS (P5,000) for every appearance in court,
and to pay the cost of this suit;
9. That the plaintiff is willing to put up a bond for the issuance of a

preliminary attachment in an amount to be fixed by the court, not
exceeding the sum of ONE MILLION FIVE-HUNDRED THOUSAND
PESOS (P1,500,000.00) which is the plaintiff's claim herein;
ALLEGATIONS
The Plaintiff further states and alleges:
10. That he has a valid and sufficient cause of action against the herein
defendant regarding the collection of sum of money which is already
due and demandable;
11. Defendant has removed or disposed of or is about to remove or dispose

of her property, with intent to defraud her creditors thereby rendering
nugatory and ineffective whatever money judgment this honorable court
may render in the above entitled case;
12. That the defendant does not have sufficient security for the claim sought
for the plaintiff against him;
13. That the plaintiff is willing to put up a bond for the issuance of a
preliminary attachment in an amount to be fixed by the court, not
exceeding the sum of ONE MILLION FIVE-HUNDRED THOUSAND
PESOS (P1,500,000.00) which is the plaintiff's claim herein;
1
PRAYER
WHEREFORE, it is mostly respectfully prayed of this Honorable Court that pending

hearing of this case a writ of preliminary attachment be issued against the property of the
defendant to serve as security for the satisfaction of any judgment that may be recovered
herein; and that after due hearing on the principal cause of this action, judgment be rendered
against the defendant for the sum of the following:
1. Ordering defendant to pay plaintiff the amount of ONE MILLION PESOS

(P1,00,000.00) plus interest thereon at the rate of 5% per annum from January
22, 2021, and FIVE-HUNDRED THOUSAND PESOS plus interest thereon at
the rate of 5% per annum from March 12, 2021 until the same is fully paid;
and
2. Ordering defendant to pay the attorney's fees and expenses of litigation

in the amount of FIFTY THOUSAND PESOS (P 50,000.00) and a fee
of FIVE THOUSAND PESOS (P5,000) for every appearance in court, and to
pay the cost of this suit;
FINALLY, Plaintiff likewise prays for such other and further relief or reliefs
as this Honorable Court may deem just and equitable under the premises.
RESPECTFULLY SUBMITTED.
Borongan City, Philippines. April 1, 2022.
(sgd.)
ATTY. DEKO NA KAYA
Counsel
Roll No. 54321/January 5,
2012 IBP Lifetime No. 09190
PTR No. 1276543, issued on May 05, 2019 at Tacloban
City MCLE No. IV-004222, issued on April 10, 2019 at
Tacloban City #60 Magallanes Street, Tacloban City
8
REPUBLIC OF THE PHILIPPINES)
CITY OF BORONGAN ) S.S.
x-------------------------------------------------------------x
VERIFICATION AND CERTIFICATION
I, SEBASTIAN DIAZ , of legal age, Filipino citizen, and a resident of Blk 3

Lot 1, Sunshine Dewville Subdvision, Brgy. Matina, Borongan City, under oath,
depose and state:
1. That I am the plaintiff in the above-stated case;
2. That I have caused the preparation of the foregoing complaint;
3. I have read and understood the allegations therein contained and the same
are true and correct of my own personal knowledge and based on authentic
records;
4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency; to the best of my knowledge and belief, no such
action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or other tribunal or agency; that I
should thereafter learn that a similar action or proceeding has been filed or
is pending before the Supreme Court , the Court of Appeals, or any other
tribunal or agency, I under take to report that fact within five (5) days
therefrom to this Honorable Court.
5. I have read and understood the allegations therein contained and the same
are true and correct of my own personal knowledge and based on authentic
records;
6. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency; to the best of my knowledge and belief, no such
action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or other tribunal or agency; that I
should thereafter learn that a similar action or proceeding has been filed or
is pending before the Supreme Court , the Court of Appeals, or any other
tribunal or agency, I under take to report that fact within five (5) days
therefrom to this Honorable Court.
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IN WITNESS WHEREOF, I have signed this instrument on the 1st day of April 2022, in
the City of Borongan, Philippines.
(sgd)
SEBASTIAN DIAZ
Affiant
SUBSCRIBED AND SWORN TO before me, this 1st day of April 2022, personally appeared to me
a certain SEBASTIAN DIAZ exhibiting to me his Community tax Certificate No. 002945 issued on
January 2022 at Borongan City and his Driver’s License No. 5233 issued on November 9 ,2018 at
Tacloban City Philippines.
Doc. No. ;
Page No. ;
Book No. ;
Series of .
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Republic of the Philippines

REGIONAL TRIAL COURT

SEBASTIAN DIAZ, Civil Case No. ___

PLAINTIFF, through the undersigned counsel, mostly respectfully avers that:

1. That plaintiff, SEBASTIAN DIAZ, is a Filipino citizen, of legal age,

2. The defendant, FEDERICO GOMEZ, is likewise a Filipino, of legal age,

4. On January 22, 2018, defendant borrowed from plaintiff the amount of

7. That the plaintiff served several demands to the defendant.

9. That the plaintiff is willing to put up a bond for the issuance of a

The Plaintiff further states and alleges:

11. Defendant has removed or disposed of or is about to remove or dispose

WHEREFORE, it is mostly respectfully prayed of this Honorable Court that pending

1. Ordering defendant to pay plaintiff the amount of ONE MILLION PESOS

2. Ordering defendant to pay the attorney's fees and expenses of litigation

Borongan City, Philippines. April 1, 2022.

VERIFICATION AND CERTIFICATION

I, SEBASTIAN DIAZ , of legal age, Filipino citizen, and a resident of Blk 3

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

2. That I have caused the preparation of the foregoing complaint;

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