Complaint for Collection of Sum of Money
Complaint for Collection of Sum of Money...
Republic of the Philippines Third Judicial Region MUNICIPAL TRIAL COURT IN THE CITIES Branch 1, Cabanatuan City Peter Sicat, Plaintiff, -versus-
Civil Case No. 12693 For: Collection of Sum of Money
Arnel Romero, Defendant. x- - - - - - - - - - - - - - - - - x COMPLAINT Plaintiff, by counsel respectfully states: 1.
That the plaintiff is a Filipino, of legal age, and a resident of Block 2 Lot 4 De Guzman Subdivision, Bantug Norte, Cabanatuan City.
That the defendant is Filipino, of legal age, and a resident of 354 Del Pilar Extension, Sumacab East, Cabanatuan City, where he may be served with summons and other court processes;
That on October 6, 2016, plaintiff together with the defendant went to Shiro KTV Bar, in Bantug Norte, Cabanatuan City to have some Rest and Relaxation. The bill representing the VIP charges, ladies drinks and the professional fee of the bar hostess Lady Arwina amounted to a total of Two Hundred Thousand and One Pesos (P200,001.00);
That the defendant offered to pay for the bill and shortly thereafter executed a deed of donation of an Equitable PCI Bank check with check No. 0012324 post-dated on October 13, 2016 in the amount of Two Hundred Thousand and One Pesos (P200,001.00) and issued the same to the plaintiff, and that the plaintiff in accepting the donation signed the deed of acceptance incorporated in said deed of donation. A copy of the deed of donation and acceptance is herewith attached as Annex “A”;
That because of said donation, plaintiff agreed to pay the bill due in behalf of the defendant and through his credit card which was duly charged by Shiro KTV Bar. A photocopy of the machine-
generated charge slip reflecting the bill and the billing statement containing said charge are herewith attached as Annex “B” and Annex “B-1”, respectively; 6.
That when the check fell due on October 13, 2016, plaintiff presented the check for payment in Equitable PCI Bank Talavera Branch but the same was dishonored for being drawn against a CLOSED ACCOUNT. The photocopy of the check stamped with closed account as Annex “C”.
That on October 14, 2016, plaintiff called the defendant’s attention regarding the said dishonor of the check;
That despite demands made orally and in writing personally received by the defendant (Notice of Dishonor and Demand for Payment attached as Annex “D” and Final Demand for Payment as Annex “E” both signed as received) from the plaintiff, the former failed and refused to pay or make good the amount of said check;
That due to the unjust refusal of defendant to comply with the demands, plaintiff was compelled to file the instant action engaging the services of a counsel in the amount of P20,000.00.
WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant to pay the plaintiff the sum of Two Hundred Thousand and One Pesos (P200,001.00) plus legal interest from the date of the instrument until full amount is paid and attorney’s fees in the amount of P20,000.00 and costs of suit. Other just and equitable reliefs are likewise prayed for. Cabanatuan City, November 16, 2016. Atty. Venus Leilani V. Granado Counsel for the Plaintiff nd 2 Floor, Francisco Building, Zulueta Street, Cabanatuan City Attorney’s Roll No. 987789 IBP O.R. No. 51328-01/15/16-Cabanatuan City PTR O.R. No. 32145-01/05/16-Cabanatuan City MCLE Compliance No. II-0006542-Nov. 15, 2014 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, Peter Sicat, of legal age, after having been duly sworn, depose and state that: I am the Plaintiff in the foregoing Complaint for Sum of Money. I caused the preparation of the Complaint, which I Have fully read and understood. I hereby affirm that all factual allegations contained in said Complaint are tru and correct of my own personal knowledge and belief, as well as true and correct on the basis of authentic documents and records in my possession. I certify that I have not heretofore commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency. If I should hereafter learn that any other similar action or claim has been filed or is pending, I shall report that fact within five (five) days from knowledge thereof to this Honorable Court. PETER SICAT
SUBSCRIBED AND SWORN to before me this 16th day of November, 2016 in the City of Cabanatuan, affiant exhibiting to me his Passport No. XX6534571 issued at the City of Manila on May 2, 2014.
VENUS LEILANI V. GRANADO Notary Public for the City of Cabanatuan 2nd Floor, Francisco Building, Zulueta Street, Cabanatuan City Commission until December 31, 2016 Attorney’s Roll No. 987789 IBP O.R. No. 51328-01/15/16-Cabanatuan City PTR O.R. No. 32145-01/05/16-Cabanatuan City MCLE Compliance No. II-0006542-Nov. 15, 2014 Doc. No. 576 Page No. 86 Book No. XXI Series of 2016.