Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City JUAN

TAMAD Plaintiff, -versusJUAN MASIPAG Defendant. CIVIL CASE NO. _____ For: Collection of a Sum of Money amounting to 400,000 with prayer for preliminary attachment

X - - - - - - - - - - - - - - - - - - - - - - - - - - -X COMPLAINT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court, respectfully alleges: 1. That Plaintiff is of legal age, Filipino, married to MARIA

LINGAS- TAMAD and with residence at # 1 Palmera Heights, Sto Nino St. Project 4 Quezon City; 2. That Defendant is likewise of legal age, Filipino, married

and with residence at # 2 Palmera Heights, Sto Nino St. Project 4, Quezon City, where he could be served with summons and other processes of the Court; 3. That the above-named spouse of Plaintiff is the a good

friend and business partner of the defendant from 20006-2012 ; 4. That in the course of their business, the plaintiffs spouse

made financial contributions through the request and assurances of the defendant that such amount will be repaid. However, after several months and upon inquiry, plaintiffs spouse found out that defendant misappropiated the financial investments made for his own personal use. Despite of numerous demands, defendant failed to remit to and/or settle with the plaintiffs spouse the aggregate amount of Four Hundred Thousand Pesos (P400,000).

5.

That in recognition of defendants obligation in favor of

plaintiffs spouse, the former executed an Acknowledgement of Debt in favor of the plaintiff on July 3, 2008, a photocopy of which is attached hereto as Annex A; 6. That part of said Loan Agreement is the obligation of the

defendant-debtor to pay the plaintiff-creditor the amount of Twenty Thousand Pesos (P20,000.00) in monthly installments for twenty (20) months, in the form of cash from February 2009 to October 2010, and in the form of post-dated checks from February 2009 onwards up to the full satisfaction of said loan. 7. That after paying Twenty Thousand Pesos (P20,000.00) in

February 2009 the defendant-debtor has started defaulting in the payment of his due accounts; 8. That plaintiff-creditor sent separate letters (dated April 9,

2009 and May 21, 2010) to the defendant-debtor containing a demand for the payment of his outstanding payable, photocopies of which are hereto attached as Annexes B and B-1; 9. That the continued refusal of defendant to settle his

account prompted the plaintiff-creditor to lodge a complaint with the barangay officials of Barangay Project 4, Quezon City. A Certificate to File Action, copy of which is hereto attached as Annex C, was subsequently issued for failure of the parties to come to an Agreement. 10. That on June 1, 2010 a final demand letter was sent to the

defendant-debtor for the payment of his outstanding payable up to May 2010, which however, was left unheeded, a photocopy of which is hereto attached as Annex D; 11. That the demand letter was duly received by defendant

thru his wife Juanita Sipag on June 3, 2010, as shown by a Certification dated June 25, 2010 issued by the Quezon City Central Post Office, copy of which is hereto attached as Annex E;

12.

That defendant-creditor has, as of this date, defaulted in

the payment of an aggregate amount of Four Hundred Thousand Pesos (P400,000.00); 13. That notwithstanding plaintiff-creditors repeated oral and

written demands, defendant-debtor failed and refused and still fails and refuses to heed to the formers just and valid demands, leaving the plaintiff no other recourse but to litigate and file this action. 14. That by reason of defendants 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 Forty Thousand (P40,000.00); 15. That by reason of defendants violation and disregard of

Plaintiffs rights, the award of exemplary damages in the amount of Forty Thousand (P40,000.00) is likewise warrant to serve as a deterrent to the commission by the defendant and to others similarlyminded of similar acts in the future. 16. That the defendant is about to remove or dispose of his property, with intent to defraud his creditors; 17. That plaintiff is willing to put up a bond for the issuance of a preliminary attachment in an amount to be fixed by the court, is not exceeding the sum of Four Hundred Thousand Pesos (P400,000) which is the plaintiff's claim herein.

PRAYER WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed of this Honorable Court that, pending the hearing of this case, a writ of preliminary attachment be issued against 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

1.

The

amount

of

FOUR

HUNDRED

THOUSAND

PESOS

representing the unpaid monthly installments due under the Loan Agreement dated July 3, 2008; 2. damages; 3. damages; 4. Cost of suit. The amount of P40,000.00 as and by way of exemplary The amount of P40,000.00 as and by way of moral

Other reliefs just and equitable under the premises are likewise prayed for. Quezon City,______________ COUNSEL Attorney for the Plaintiff XYZ Building, Quezon City IBP No. 12345; 1/3/2012; Quezon City PTR No.67890; 2/2/2012; Quezon City Roll of Attorneys No. 12345

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING I, JUAN A. TAMAD Filipino, of legal age with address at # 1 Palmera Heights, Sto Nino St. Project 4 Quezon City; after having been duly sworn on 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 _______ day of ________, ________ at Quezon City, Metro Manila, Philippines. JUAN A. TAMAD Plaintiff

JURAT SUBSCRIBED AND SWORN TO before me in the City of Quezon, National Capital Region this 15th day of July , 2010 by Juan Tamad, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.

NOTARY PUBLIC Commmison Serial No: 123 Until: April 25, 2011 PTR No.: 123 Roll of Atty. No: 12345 IBP OR No.: 1234, City of Quezon, NCR, Marh 25, 2003 OR IBP Lifetime Membership No. : 1223, Bargy Kuliat, Project 4, Quezon City Doc. No._____ Page No. ____ Book No. _____ Series of _____