Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch ____, Quezon City

MARVIN MANICAP

Defendant.

Plaintiff,

-versusCIVIL CASE NO. _____

For: Collection of a
Money

DAVID AZURIN

Sum

of

X - - - - - - - - - - - - - - - - - - - - - - - - - - -X

COMPLAINT

PLAINTIFF, thru the undersigned Counsel, respectfully alleges that:

I.

1.

The Parties

PLAINTIFF is of legal age, Filipino, single, and with residence at # 140 Chi

Building, The Redwoods, Fairview, Quezon City;

2.

DEFENDANT is likewise of legal age, Filipino, single and with residence

at # 143 Chi Building, The Redwoods, Fairview, Quezon City, where he could be served
with summons and other processes of the Court.

II.

3.

Antecedent Facts

On December 29, 2005, DEFENDANT approached PLAINTIFF to borrow

Five Million Pesos (Php 5, 000, 000.00) for the setting up of the defendants trucking
business known as Trucking Business Inc..

4.

By reason of PLAINTIFFs friendship to DEFENDANT, PLAINTIFF

agreed to lend DEFENDANT the amount of Five Million Pesos (Php 5, 000, 000.00).

5.

On January 1, 2006, a duly notarized Loan Agreement was executed

between PLAINTIFF and DEFENDANT stipulating that the amount of Five Million
Pesos (Php 5, 000, 000.00) be paid by DEFENDANT to PLAINTIFF within five (5) years
due on December 31, 2012 and is subject to an interest rate of seven percent (7%) per
annum, a photocopy of which is attached hereto as Annex A.

6.

In conformance to the Loan Agreement, PLAINTIFF delivered a post-

dated check in the sum of Five Million Pesos (Php 5, 000, 000.00) dated January 2, 2006,
a photocopy of which is attached hereto as Annex B.

7.

Part of the Loan Agreement is the obligation of the DEFENDANT-

DEBTOR to pay the PLAINTIFF-CREDITOR the amount of Two Hundred Sixty Seven
Thousand Five Hundred Pesos (Php 267, 500.00) as quarterly installment for five years,
inclusive of the principal amount of the loan and the seven percent (7%) interest per
annum, in the form of cash from March 2006 to December 2009, and in the form of postdated checks from March 2010 to December 2012.

8.

Pursuant to the Loan Agreement, PLAINTIFF-CREDITOR and

DEFENDANT-DEBTOR agreed that in case of default for the quarterly installments,

DEFENDANT-DEBTOR is subject to a belated charge of Thirteen Thousand Three
Hundred Seventy Five Pesos (Php 13, 375.00) representing the five percent (5%) interest
of the amount of a quarter installment.

9.

In line with the Security Clause of the Loan Agreement, PLAINTIFF-

CREDITOR and DEFENDANT-DEBTOR agreed that a default in paying the

installments for one (1) year, entitles the PLAINTIFF-CREDITOR to enforce the security
interest imposed upon the half of the stocks owned by DEFENDANT-CREDITOR in
Trucking Business, Inc. in addition to the belated charges of Thirteen Thousand Three
Hundred Seventy Five Pesos (Php 13, 375. 00).

8.

DEFENDANT-DEBTOR defaulted in paying the quarterly installments for

the year 2006.

9.

Repeated oral demands were made for the DEFENDANT-DEBTOR to pay

his obligations and to deliver the security interest of the loan but he failed or has
refused to comply with his obligations.

10.

Two years from the date of the delivery of the principal amount of Five

Million pesos (Php 5, 000, 000.00), DEFENDANT-DEBTOR still failed or has refused to
comply with his obligations.

11.

Thus, on April 5, 2008, PLAINTIFF, through counsel, sent DEFENDANT a

final demand letter requiring DEFENDANT, within ten (10) days from receipt of said
final demand letter, to pay his outstanding payable with interest and to comply with
the security interest, photocopies of which are hereto attached as Annex C and made
an integral part hereof.

12.

The final demand letter was duly received by defendant as shown by a

Certification dated April 10, 2008 issued by the Quezon City Central Post Office, copy of
which is hereto attached as Annex D and made an integral part hereof.

13.

DEFENDANT-DEBTOR has, as of this date, defaulted in the payment of

an aggregate amount of Two Million Two Hundred Forty Seven Thousand (Php 2, 247,
000.00) and in complying with the security interest of the loan.

14.

Notwithstanding PLAINTIFFs repeated oral and written demands and

ample opportunity given by the PLAINTIFF, DEFENDANT fail and refuse to heed to
the formers just and valid demands, leaving the PLAINTIFF-CREDITOR no other
recourse but to litigate and file this action.

15.

By reason of DEFENDANTs unjustified acts as well as bad faith and

intentional refusal to pay his overdue obligation, PLAINTIFF is entitled to the award of
moral damages in the amount of P5, 000.00;

16.

By reason of DEFENDANTs violation and disregard of PLAINTIFFs

rights, the award of exemplary damages in the amount of P5, 000.00 is likewise warrant
to serve as a deterrent to the commission by the defendant and to others similarlyminded of similar acts in the future.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed of this
Honorable Court that, after due hearing, judgment be rendered against the defendant
ordering the latter to pay and to deliver to the plaintiff as follows:

1.

The amount of TWO MILLION TWO HUNDRED FORTY SEVEN

THOUSAND (Php 2, 247, 000.00) representing the unpaid quarterly installments with
belated charges due under the Loan Agrement dated January 1, 2006;

2.

The security interest imposed upon the half of the stocks owned by

defendant in Trucking Business, Inc.

2.

The amount of P5,000.00 as and by way of moral damages;

3.

The amount of P5,000.00 as and by way of exemplary damages;

4.

Cost of suit.

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

Quezon City,______________

Atty. QUETSIYAH CRUZ

Counsel for the Plaintiff
7114 Kundiman Street Sampaloc, Manila
Roll No. 12345 IBP No. 678900 dated 1-2-08
MCLE Compliance No. 11-00043527

VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
I, MARVIN MANICAP, Filipino, of legal age with address at # 140 Chi Building,
The Redwoods, Fairview, Quezon City after having been duly sworn on accordance
with law depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I caused the preparation of the foregoing Complaint and I have read the
allegations therein and certify that the same are true and correct of my own personal
knowledge;
3. That I further certify that I have not commenced any other action involving
the same issues before the Supreme Court, Court of Appeals or any division thereof or
any tribunal or agency; and to the best of my knowledge no such action is pending
before the Supreme Court, Court of Appeals or any division thereof or any tribunal or
agency;
4. That in the event that any action involving the same should be made known, I
hereby bind myself to report the same within five (5) days from knowledge thereof to
this Honorable Court.
WITNESS WHEREOF, I hereunto set my hand this _______ day of ________,
________ at Quezon City, Metro Manila, Philippines.

MARVIN MANICAP
Plaintif

SUBSCRIBED AND SWORN TO before me this ______ day of ______, ______ at

Quezon City, affiant having exhibited to me her CTC No. ___________ issued on
__________ at __________.

NOTARY PUBLIC

Doc. No._____
Page No. ____
Book No. _____
Series of _____