Republic of the Philippines

Municipal Circuit Trial Court (MCTC)

Sixth Judicial Region
Badiangan- Janiuay
Janiuay, Iloilo
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JANIUAY RURAL BANK, INC., Civil Case No. ______

Represented by its Loans Officer, Collection of Sum of Money
Roscel E. Matutina, Damages
Plaintiff,
- versus –

EUFEMIA L. CASTRO
and ELENA J. HUELE
Defendants,
x-----------------------------------------x

COMPLAINT

COMES NOW plaintiff, through the undersigned counsel, and unto this
Honorable Court, most respectfully states:

1. The plaintiff is a domestic banking institution formed under Philippine

Laws, with principal and office address at Crispin Salazar St., 5034 Janiuay, Iloilo
where it may be served with summons and other court processes of this Honorable
Court, and herein represented by its Loans Officer Roscel E. Matutina, pursuant to
a Board Resolution No. 2015-046 of the same banking institution. (a copy of the
Secretary’s Certificate is hereto attached as Annex “A”);

2. Defendant Eufemia Castro is of legal age, Filipino and a resident of

Project 5, Brgy. So-oc, Arevalo, Iloilo City while defendant Elena J. Huele is of legal
age, Filipino and a resident of Ungka I, Pavia, Iloilo. The defendants may be served
with summons and other court processes of this Honorable Court at their given
addresses;

3. On September 19, 2009, defendant Eufemia Castro borrowed from

plaintiff the sum of One Hundred Fifty Thousand Pesos (PhP 150,000.00)
to earn interest at 24% per annum with a penalty of 5% per annum on all
past due loans in accordance with the terms of the promissory note which was
executed by her on the same date. The said loan was to become due and
demandable on September 19, 2010. Defendant Elena J. Huele signed the said
Promissory Note as co-maker of her co-defendant Eufemia Castro for the said loan
(copies of the Promissory Note, Application for Commercial Loan and Discount
Slip are hereto attached as Annexes “B”, “C”, and “D” respectively);

4. The payment of the indebtedness in the promissory note became overdue

but defendant Eufemia Castro failed and refused to fully settle her remaining
obligation. Two (2) demand letters were then delivered to her for the payment of
the same. However, defendant Eufemia Castro only made promises that she will
settle the remaining obligation but still failed to do so (copies of the Demand Letter

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dated December 9, 2010 signed by the then Loans Manager Antonio P. Ardiente
and Demand Letter dated December 9, 2010 signed by Atty. Cynette Lovelyn
Montoya are hereto attached as Annexes “E” and “F”, respectively);

5. Because of defendant Eufemia Castro’s continued refusal to settle the

loan obligation, plaintiff referred the matter to its legal counsel and the latest
demand for payment for the said promissory note was sent to both defendants in
the month of October 2015. Defendant Eufemia Castro received the demand letter
on October 22, 2015 while defendant Elena Huele received the demand letter on
February 3, 2016. However, despite receipt of the said demand letters,
defendants still failed and refused and continue to fail and refuse to fully settle
their obligation (copies of the Letter of Final Demand addressed to defendant
Eufemia Castro, the Registry Receipt and the Registry Return Card are hereto
attached as Annex “G”, “G-1” and “G-2”, respectively; copies of the Letter of
Final Demand addressed to defendant Elena Huele, the Registry Receipt and the
Registry Return Card are hereto attached as Annex “H”, “H-1” and “H-2”,
respectively);

6. The total amount due for the said account, including penalties and
interests and attorney’s fees, is PhP 236,297.88 as of March 31, 2016 (a copy
of the Statement of Account as of March 31, 2016 is hereto attached as Annex
“I”);

7. There is no need for barangay conciliation as the plaintiff is a juridical

person and is an exception to such condition sine qua non;

8. The defendants’ obstinate refusal to heed the plaintiff's demand for the
said account make them liable for interest in the form of penalty and their refusal
compelled the plaintiff to litigate and hire the services of counsel to assert and
protect its rights under the law for which defendants should be made liable for
attorney's fees in the amount of Fifty Thousand Pesos (P 50, 000.00).

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that judgment

be rendered as follows:

1. That the defendants be held solidarily liable and to pay

plaintiff the amount of PhP 236,297.88 as of March 31, 2016,
including 24% interest per annum and penalty at 5 % per annum;

2. That the defendants be held liable for attorney's fees in the

amount of Fifty Thousand Pesos (Php 50, 000.00);

3. That the defendant be ordered to pay the cost of this suit.

Other reliefs just and equitable are likewise prayed for.

Iloilo City for Janiuay, Iloilo, Philippines, April 28, 2016.

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 CHARMAINE JOY P. FILARMEO
Counsel for the Plaintiff
ILARDE PENETRANTE AND ASSOCIATES
Ground Floor, Lucky Plaza Building
Burgos Street, Lapaz, Iloilo City
E-mail address:ipptlaw2002@hotmail.com
Tel. No. (033) 3209976
PTR NO. 5293349/01-04-2016/ ILOILO CITY
IBP NO. IBP NO. 1021464/01-05-16/ILOILO CITY
ATTORNEY’S ROLL NO. 57423
MCLE COMPLIANCE NO. V-0002717 / 07-03-14

VERIFICATION and

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 CERTIFICATION AGAINST FORUM SHOPPING

I, ROSCEL E. MATUTINA, of legal age, Filipino and a resident of of Lot

8, Block 57, Village 2, Providence, Brgy. Balabag, Pavia, Iloilo after being duly
sworn in accordance with law, do hereby depose and state:

That I am the authorized representative of the plaintiff in the foregoing case,

pursuant to a Board Resolution No. 2015-046, a copy of the Secretary’s Certificate
is attached to the complaint; That I caused the preparation of the foregoing
complaint and that I have read the contents thereof and understood the same and
that the allegations therein are true and correct of my personal knowledge and
based on authentic records;

That I further certify that I have not theretofore commenced any action or
filed any claim involving the same issues in any court, tribunal or quasi judicial
agency, and to the best of my knowledge, no such action or claim is pending
therein; and if I should thereafter learn that the same or similar action or claim has
been filed or is pending, I shall report that fact within five (5) days therefrom to
this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this _____th day of

April, 2016 in Iloilo City, Philippines.

ROSCEL E. MATUTINA
Affiant

JURAT/NOTARIAL CERTIFICATE

The principal, whose name and personal circumstances are stated above,
appeared in person before me this _______th day of April, 2016, in Iloilo City,
Philippines, presented the foregoing Verification and Certification against Forum
Shopping, signed the same in my presence, and affirmed or swore under oath to
the truth and correctness of the contents or allegations of the same.

The principal was personally known to me and she exhibited to me her TIN
Identification Card with TIN number 166-477-329 as proof of her identity.

Doc. No. __;

Page No. __;
Book No. __;
Series of 2016.