Professional Documents
Culture Documents
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COMPLAINTCOMES 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 issuedseveral postdated
checks and represented that the same will be coveredby 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 draweebaks upon
presentment for payment for reason ACCOUNT CLOSED, asevidenced by the notice of
dishonor issued by the bank which is hereto attached as Annex H hereof;
6. That despite repeated demands orally and in writing, defendantsrefused and continously
refusing to make good the said bounced checksor 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;
11. The amount due to the plaintiff in the above-entitled case isP5,000,000.00, 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 answer 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 theamount of
P5,000,000.00, representing unpaid account excludinglegal 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 exemplarydamages;
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.
By:
ABOGADO A. ABOGADO
IBP No. 1231231/2-5-05
PTRNo.123/10-2203/Leg.
Roll No. 123123
VERIFICATION/CERTIFICATION AGAINSTFORUM SHOPPING
I, MR. X, of legal age, Filipino Citizen, married, after having been duly sworn to in
accordance with law, hereby depose and say:
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 exhibits to me his SSS ID, with ID No. 1234issued at Legazpi City on
April 2001.
Notary Public
Doc. No.____;
Page No.____;
Book No.____;
Series of 2014.
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.