Republic of the Philippines

Regional Trial Court

National Capital Judicial Region
Branch 1, Manila

Juan Tamad
Plaintiff,
Civil case no. 11111
For: Sum of Money
-versus-

Maria Makiling
Defendant

x-------------------------------------------------------------x

COMPLAINT
(with prayer for attachment)

Plaintiff, by the undersigned counsel respectfully states that:

1. Plaintiff Juan tamad, of legal age, residing at 22 San Miguel St.

Manila; while defendant Maria Makiling is of legal age, residing at
42 San Antonio St. Manila;
2. Defendand borrowed money from the plaintiff amounting to
P100,000 and evidenced by a promissory note on December 4,
2009. herein attatched as Annex A;
2010. The defendant is about to depart the Phiippines with intent to
defraud her creditors;
4. There is no sufficient security for the claim sought to be recovered
from the defendant in the instant action, and the amount due to plaintiff is as much
as the sum for which the order of attachment may be granted above all legal
counterclaims;
5. Plaintiff is willing to put up a bond for the issuance of the
preliminary attachment in an amount fixed by court, which is not exceeding the
amount of plaintiffs claim;

WHEREFORE, it is respectfully prayed that, pending the hearing of the 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 after
due hearing on the principal cause of this action, judgment be rendered against the
defendantfor the
sum of P100,000 with interest at the stipulated rate of twelve per centum per annum
(12%) from January 20, 2010 plus cost of the suit. City of Manila; March 3 2010.

SIGNATURE OF COUNSEL
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I. _______________________, of legal age, after having been duly sworn in accordance

with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my possession;
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;
5. To the best of my knowledge and belief, no such action or proceeding is pending in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If 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
undertake to report that fact within five (5) days therefrom to this Honorable Court.

___________________________ Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his
Community Tax Certificate No.____________________ issued on

________________ 200_ at ______________ City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 20__.
REPUBLIC OF THE PHILIPPINES)
CITY OF BACOOR ) S.S.

AFFIDAVIT FOR PRELIMINARY ATTACHMENT

I. JAMAICA MAY DELA CRUZ, Filipino, of legal age, single, residing at 194 Salinas,
City of Bacoor, Cavite, after being sworn to in accordance with law, deposes and say:

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

2. That a sufficient cause of actions exists against the defendant named therein;

3. That this action is one of those specifically mentioned in Sec. 1 of Rule 57 of the
Rules of Court, whereby a writ of preliminary attachment may lawfully issue, namely:
in an action against a party who has removed or deposed of his property, or is about to do
so, with intent to defraud his creditors;

4. That there is no sufficient security for the claim sought to be enforced by the present
action;

5. That the amount due to the plaintiff in the above-entitled case is as much as the sum
for which an order of attachment is proper.

IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of January, 2014, in the
City of Bacoor, Cavite Philippines

JAMAICA MAY DE LA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 18th day of January, 2014, in

the City of Bacoor, Cavite Philippines, affiant having exhibited to me his License No. 3790682
issued until July 29, 2016.

Doc. No. : ________;

Page No. : ________;
Book No. : ________;
Series of 2014.
NOTES:

RULE 57
PRELIMINARY ATTACHMENT

Section 1. Grounds upon which attachment may issue.

At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper
party may have the property of the adverse party attached as security for the satisfaction of any judgment
that may be recovered in the following cases:

(a) In an action for the recovery of a specified amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi-delict against a
party who is about to depart from the Philippines which intent to defraud his creditors;

(b) In an action for money or property embezzled or fraudulently misapplied or converted to his own use
by a public officer, or an officer of a corporation, or an attorney, factor, broker agent, or clerk, in the
course of his employment as such, or by other person in a fiduciary capacity, or for a willful violation of
duty;

(c) In an action to recover the possession of property unjustly or fraudulently taken, detained or
converted, when the property, or any part thereof, has been concealed, removed, or disposed of to prevent
its being found or taken by the applicant or an authorized person;

(d) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the
obligation upon which the action is brought, or in the performance thereof;

(e) In an action against a party who has removed or disposed of his property, or is about to do so, with
intent to defraud his creditors; or

(f) In an action against a party who does not reside and is not found in the Philippines, or on whom
summons may be served by publication.

Sec. 3. Affidavit and bond required.

An order of attachment shall be granted only when it appears by the affidavit of the applicant, or of some
other person who personally knows the facts, that a sufficient cause of action exists, that the case is one of
those mentioned in section 1 hereof, that there is no other sufficient security for the claim sought to be
enforced by the action, and that the amount due to the applicant, or the value of the property the
possession of which he is entitled to recover, is as much as the sum for which the order is granted above
all legal counterclaims. The affidavit, and the bond required by the next succeeding section, must be duly
filed with the court before the order issues.