REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
PASAY CITY
BRANCH 130

ROMILY IGNACIO,
Plaintiff,

-versus- CIVIL CASE NO. 13-00020

FOR: Collection of Sum of Money
With Damages

Margie Rose Gansubin,

Defendant
X - - - - - - - - - - - - - - - - - - -X

COMPLAINT

COMES NOW, Romily Ignacio (hereinafter referred to as “Plaintiff”),

through the undersigned counsel and unto this Honourable Court most respectfully
avers:

1. Plaintiffs is of legal age, Filipino, married and with residence at

Barangay 13, Sunset View Condominum, Roxas Boulevard, Pasay City.

2. Defendant Margie Rose Gansubin (hereinafter referred to as Defendant),

of legal age, married, and residing at One Palace, EDSA, Pasay City,
where he may be served with summons and other processes of this
Honorable Court.

3. Plaintiff is the owner/manager of Moriones Maid Provider services

operating in Barangay 13, Marbella Condominum, Roxas Boulevard,
Pasay City.

4. That on July 20, 2016 the defendant secured the services of the plaintiff’s
hose helper provider services at the place of business of the defendant;
 5. Defendant then was required to pay the plaintiff to pay the amount of
eight thousand pesos (PHP 8,000) for the salaries of the house helper
assigned to the office of the defendant as evidence by the Contact of
Services and promissory note;

6. That in the beginning, the defendant religiously paid the salaries of the
assigned house helper to them by delivering the amount to the plaintiff;

7. That however sometime in October 2017 the defendant began to fail in

the payment of the salaries of the house helper assigned to it by the
plaintiff;

8. That because of that the plaintiff sent a demand letter ( Annex A) to the
defendant requesting payment of the unpaid salaries

9. That the defendant failed to settle the obligation which prompted the
plaintiff to send two more demand letters (Annexes B) but the plea went
to deaf ears;

10.That the plaintiff again let some time to pass before she again personally
asked the defendant to settle its obligation but the defendant stubbornly
failed to oblige;

11.That by reason of the unjustified refusal of the defendant to pay the

plaintiff its obligation, plaintiff suffered actual damages in the amount of
one hundred and ten thousand pesos (Php 110, 000) as transportation and
representation expenses in trying to extract payment from the defendant
to avoid litigation to which she was unsuccessful;

12.In addition, plaintiffs suffered sleepless nights, wounded feelings and

serious anxiety which if would be quantified would amount to one
hunder thousand pesos (Php 100, 000);

PRAYER

WHEREFORE, after due notice and hearing, plaintiffs pray that judgment
be rendered ordering defendants to:
A. Pay the plaintiff the amount of one hunder thousand pesos (Php 100, 000)
representing the unpaid obligation of the defendant to the plaintiff in
providing house help servised to the defendant;

B. Order defendants to pay plaintiffs the amount of one hundred and ten
thousand pesos (Php 110,000) as actual damages and one hunder
thousand pesos (Php 100, 000) as moral damages;

Other relief just and equitable under the premises are likewise prayed for.

November 12, 2018, Pasay City Philippines.

ATTY. JOIELYN DY DIMAANO

PTR 343845, 1/10/13, Pasay City
IBP No. 01052 Lifetime Member
Roll No. 37986
No. 1 Baladbal St. cor. Marupok St.
Brgy. 19, Pasay City, Philippines
 VERIFICATION/CERTIFICATION

I, Romily Ignacio, under oath deposes and states:

1. That I am the plaintiff in this case;

2. That I have caused the preparation of this complaint;
3. That the contents stated therein are true and correct of my own
knowledge;
4. That I do hereby certify that 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; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency; that if I
should thereafter learn that similar action has been filed or 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.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th

day of November 2018 at Pasay City, Philippines.

______________________
ROMILY IGNACIO

SUBSCRIBED AND SWORN to before me this 12th day of November

2018 at Pasay City, Philippines.

ATTY. JOHN IVAN GABIS

PTR 5486745, 1/10/15, Pasay City
IBP No. 54538 Lifetime Member
Roll No. 37674
 REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
PASAY CITY
BRANCH 130

ROMILY IGNACIO,
Plaintiff,

-versus- CIVIL CASE NO. 13-00020

FOR: Collection of Sum of Money
With Damages

Margie Rose Gansubin,

Defendant
X - - - - - - - - - - - - - - - - - - -X

ANSWER
Defendant Margie Rose Gansubin, through undersigned counsel, before this
Honorable Court, most respectfully states THAT:

1. Paragraph 1 of the complaint is denied because defendant has no

present knowledge of the personal circumstance of the plaintiff.

2. Paragraph 2 of the complaint is admitted;

3. Paragraph 3 of the complaint more particularly the alleged “Promissory

Note” is denied under oath, its due execution, the payment of interests,
charges, Attorney’s Fees, etc., the truth being is what is stated
hereunder in the Special Affirmative Defenses herein set forth;

4. Paragraph 4, 5 and 6 of the complaint are denied for lack of knowledge

as the truth and falsity thereof, the demands are too exorbitant,
excessive, contrary to law, unjust and oppressive, and the truth of the
matter is hereunder pleaded in the Special Affirmative Defenses herein
set forth;
 SPECIAL AND AFFIRMATIVE DEFENSES

Defendant repleads by incorporation all the foregoing allegations and further

states, THAT:

5. Defendant is plaintiff Romily Ignacio’s friend and former classmate in

high school at Pasay City National High School, Pasay City;

6. Sometime in 2015, defendant was in dire need of money and she

communicated and offered to sell plaintiff a parcel of agricultural land
situated in Baragy Mayapa, Calamba City, Laguna, in the amount of
two million pesos (P 2, 000, 000);

7. Plaintiff who is working as caregiver in Canada at that time gave

defendant, through Bea Ignacio, plaintiff’s sister the sum of money in
the amount of three hundered thousand pesos ( P 300, 000) sometime in
December 2015;

8. At first, defendant thought that the money given to her was the partial
payment for the parcel of land she offered to sell to plaintiff. Hence,
she was surprised when the plaintiff handed to defendant a Promissory
Note – Annex “B” of the complaint, sometime in July 2016 for
signature of defendant, but defendant hesitantly signed it because the
stipulated 5% interest monthly and 20% Attorney’s fees was
unconscionable. But then the plaintiff explained to defendant and in
the presence of defendant’s counsel assured them that defendant may
just ignore the said stipulations, as the prime purpose of the Promissory
Note is only to show that defendant is indebted in the sum of three
hunder thousand pesos (P300, 000). At that time, plaintiff did not even
possess any Special Power of Attorney.

9. Defendant admitted to be indebted to the plaintiff in the sum of three

hunder thousand pesos (_300, 000) , but the same is without any
stipulation of interest much less payment for Attorney’s fees, charges
and expenses;

10. Plaintiff offered to provide house helper to the defendant and assured
the latter that she would just deduct the costs of the salary of the house
helper from the debts of the defendant.

11. Defendant for several instances has actually given payment, in cash
and in kind by installment to the plaintiff. The total amount defendant
paid has reached more or less two hundered thousand pesos (P 200,
000). copy of the Barangay Certification is hereto attached as Annex
“1”;
 12. Plaintiff and/or house helper, is a bona fide resident of Baragay 13,
Pasay City, did not bring this matter first to the Barangay for
settlement, contrary to the provisions of Section 408 of R.A. 7160,
hence, no cause of action yet arose;

13. Defendant was in good faith and in order to buy peace and peaceful
settlement with the plaintiff, she even went to the latter’s office after
she received a letter on October 12, 2018.

COUNTERCLAIM

ANSWERING defendant repleads all the foregoing allegations and by way

of counterclaim, further states THAT:

14. Plaintiff’s premature and unjustified suit against herein defendant

caused her to suffer and continue to suffer mental anguish, moral shock,
sleepless nights, wounded feelings and serious anxiety for which
plaintiff should be made to pay one hundred anf fifty thousand pesos
(P150, 000) as moral damages;

15. Likewise, plaintiff’s ruse and evident bad faith in compelling defendant
to litigate and as corrective measure, so as to dissuade those who may
emulate plaintiff’s fraudulent, reckless, oppressive and malevolent acts
and manners, defendant prays for exemplary damages in the same
amount of fifty thousand pesos (P50,000).

WHEREFORE, premises considered, it is most respectfully prayed that a

decision be issued dismissing the complaint and on the counterclaim, plaintiff be
ordered to pay defendant damages in the amount of two hundred thousand pesos
(200,000).

Other reliefs and remedies are all prayed for in the premises.

Pasay City, December 1, 2018.

ATTY. JOIELYN DY DIMAANO

PTR 343845, 1/10/13, Pasay City
IBP No. 01052 Lifetime Member
Roll No. 37986
No. 1 Baladbal St. cor. Marupok St.
Brgy. 19, Pasay City, Philippines
 VERIFICATION &
CERTIFICATION OF NON-FORUM SHOPPING

I, Margie Rose Gansubin, under oath depose and state:

That I am the defendant in this case;

That I have caused the preparation of this answer with counterclaim;

That the contents stated therein are true and correct of my own personal
knowledge;

That I deny the due execution and contents of the Promissory Note;

That I do hereby certify that 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; that to the best of my knowledge, no such action
or proceeding is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; that if I should thereafter learn that a similar action has been
filed or 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
the Court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 1st

day of December 2018 at Pasay, City, Philippines.

_______________________________
Margie Rose Gansubin

SUBSCRIBED AND SWORN to before me this 1st day of December 2018

in Pasay City, Philippines.

ATTY. JOHN IVAN GABIS

PTR 3438567, 1/10/13, Pasay City
IBP No. 01908 Lifetime Member
Roll No. 37748
No. 1 Baladbal St. cor. Marupok St.
Brgy. 19, Pasay City, Philippines