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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Quezon City Branch __

MICHAEL ROMERO, Plaintiff,

-versus-

CIVIL CASE NO. ________

MARIO DINGLASAN, Defendant,

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

MOTION FOR LEAVE OF COURT TO FILE THIRD-PARTY COMPLAINT COMES NOW, the Defendant, through the undersigned counsel and unto this Honorable Court, most avers: 1. That Defendant has been sued for breach of contract resulting to collection of sum of money in the total amount of one million pesos (P1, 000,000.00) exclusive of cost and interest, and attorneys fees; 2. That the Third-Party purchased from herein Defendant office equipment which is the subject of the complaint, amounting to one million pesos (P1, 000,000.00) 3. That after the purchase of the said office equipment aforementioned, Defendant immediately delivered the same to the ThirdParty who promised to pay the full purchase price to the Defendant evidenced by the Promissory Noted signed by the Third-Party. Copy of the Third-Party Complaint is hereto attached as Annex A hereof. WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the Defendant be allowed to file Third-Party complaint. Other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for.
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Quezon City, March __, 2013 Alba Diaz Sibal Venus Law Offices Counsel for the Defendant No. 88 Arch. Bishop Reyes St., Pasig City

By:

ATTY. VERONICA DIAZ IBP No. : 258147; 11/11/2011 Manila PTR No.: 35790; 11/11/2011 Manila Roll No.: 147025; 04/01/2010 MCLE No. I- 260135; 04/01/2010 Contact Number: 357-2468 loc. 987 Email Address:

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Quezon City Branch __

MICHAEL ROMERO, Plaintiff,

-versus-

CIVIL CASE NO. ________

MARIO DINGLASAN, Defendant,

x-----------------------------------------------------------------------------------------x MARIO DINGLASAN, Third-Party Plaintiff, -versusJUAN DELA CRUZ Third-Party Defendant.

x-----------------------------------------------------------------------------------------x THIRD-PARTY COMPLAINT COMES NOW, the Third-Party Plaintiff, through counsel, and unto this Honorable Court, most respectfully avers: 1. That Third-Party Plaintiff is single, of legal age, a Filipino citizen, residing at 212 Sta. Maria St., Pasig City where he can be served with summons and other legal processes of this Honorable Court; 2. That Third-Party Defendant is also single, of legal age, a Filipino citizen, residing at 444 Clara Street, Makati City where he can be served with summons and other legal processes of this Honorable Court;

3. That the Third-Party Defendant purchased from herein Third-Party Plaintiff office equipment which is the subject of the complaint, amounting to one million pesos (P1, 000,000.00) 4. That after the purchase of the said office equipment aforementioned, Third-Party Plaintiff immediately delivered the same to the ThirdParty Defendant who promised to pay the full purchase price to the Plaintiff evidenced by the Promissory Note signed by the Third-Party Defendant. Copy of the Promissory Note is hereto attached as Annex B hereof. WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered as follows: 1. Ordering the Third-Party Defendant to indemnify the Third-Party Plaintiff for whatever is adjudged against the latter in favor of the said original plaintiff; Such other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for. Quezon City, March __, 2013 Alba Diaz Sibal Venus Law Offices Counsel for the Defendant No. 88 Arch. Bishop Reyes St., Pasig City

By:

ATTY. VERONICA DIAZ IBP No. : 258147; 11/11/2011 Manila PTR No.: 35790; 11/11/2011 Manila Roll No.: 147025; 04/01/2010 MCLE No. I- 260135; 04/01/2010 Contact Number: 357-2468 loc. 987 Email Address:

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, MARIO DINGLASAN, of legal age, Filipino citizen, single, after having been duly sworn in accordance with law, depose and state that: 1. I am the Third-Party 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 Commission. IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of March 2013, in the City of Quezon.

MARIO DINGLASAN Plaintiff 212 Sta. Maria St., Pasig City

SUBSCRIBED AND SWORN to before me this ___ day of __________ 2013 at _________________ affiant exhibiting to me his Community Tax Certificate No.____________________ issued on ________________ 2013 at ______________ City.

ATTY. FLOR IRIS BATILLER NOTARY PUBLIC Commission Serial No. _____________ Until December 31, 2013 PTR. No. 87654; 1/2/2012; Quezon City

Doc. No. _____; Page No. _____; Book No. _____; Series of 2013

Annex B Promissory Note PROMISSORY NOTE THIS PROMISSORY NOTE dated this 2nd day of January, 2013. Juan Dela Cruz Of 444 Clara Street, Makati City

(the borrower)

Hereby acknowledges the receipt of one million pesos (P1, 000,000.00) worth of office equipment. -fromMario Dinglasan Of 212 Sta. Maria Street, Pasig City (the lender)

FOR VALUE RECEIVED, the borrower hereby promise to pay the lender at 212 Sta. Maria Street, Pasig City or such other place, or to such other party, as the lender may from time to time designate in writing, the principal sum of one million pesos (P1, 000,000.00) plus 5% interest per month on equal installment basis as follows: Due Date Amount Due Interest Due P10,000.00 P10,000.00 P10,000.00 P10,000.00 P10,000.00 Total Amount to be Paid P210,000.00 P210,000.00 P210,000.00 P210,000.00 P210,000.00

February 2, 2013 P200,000.00 March 2, 2013 April 2, 2013 May, 2, 2013 June 2, 2013 P200,000.00 P200,000.00 P200,000.00 P200,000.00

Failure to comply with the monthly payment shall render the whole amount of one million pesos (P1, 000,000.00) due and demandable plus legal interest of 12% per annum.

(signed) Juan Dela Cruz borrower

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