For Collection of Sum of Money
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Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
COMPLAINT
PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court, respectfully alleges: 1.
That Plaintiff is of legal age, Filipino, married to Nancy A.
Gatmaitan, and with residence at # 11 Bohol St., Barangay Horseshoe, Quezon City; 2.
That Defendant is likewise of legal age, Filipino, married
and with residence at # 15 Bohol St., Barangay Horseshoe, Quezon City, where he could be served with summons and other processes of the Court; 3.
That the above-named spouse of Plaintiff is the erstwhile
business partner of the defendant from year 2007 to 2009; 4.
That in the course of their business, the plaintiff’s spouse
made financial contributions through the request and assurances of the defendant that such amount will be repaid. That however, after several months and upon inquiry, plaintiff’s spouse found out that defendant misappropiated the financial investments made for his own personal use. That despite demands, defendant failed to remit to and/or settle with the plaintiff’s spouse the aggregate amount of Ninety Eight Thousand Seven Hundred Pesos (P98,700.00);
5.
That in recognition of defendant’s obligation in favor of
plaintiff’s spouse, the former executed an Acknowledgement of Debt in favor of the plaintiff on January 26, 2008, a photocopy of which is attached hereto as Annex “A”; 6.
That by reason of the kindness and generosity of plaintiff’s
spouse, defendant’s obligation through the Acknowledgement was reduced to the sum of Sixty Thousand Pesos (P60,000.00), and transferred in favor of the plaintiff as formalized n a duly-notarized Loan Agreement entered by and between the plaintiff and the defendant on January 29 2008, a photocopy of which is hereto attached as Annex “B”; 7.
That part of said Loan Agreement is the obligation of the
defendant-debtor to pay the plaintiff-creditor the amount of Two Thousand Five Hundred Pesos (P2,500.00) in monthly installments for thirty six (36) months, in the form of cash from February 2008 to March 2011, and in the form of post-dated checks from February 2008 onwards up to the full satisfaction of said loan, including interest, set at two percent (2%) per month; 8.
That after paying Two Thousand Five Hundred Pesos
(P2,500.00) in February 2008 and One Thousand Five Hundred Pesos (P1,500.00) only in March 2008 the defendant-debtor has started defaulting in the payment of his due accounts; 9.
That plaintiff-creditor sent separate letters (dated April 7,
2008 and May 21, 2008) to the defendant-debtor containing a demand for the payment of his outstanding payable, photocopies of which are hereto attached as Annexes “C” and “C-1”; 10.
That the continued refusal of defendant to settle his
account prompted the plaintiff-creditor to lodge a complaint with the barangay officials of Barangay Horseshoe, Quezon City. A Certificate to File Action, copy of which is hereto attached as Annex “D,” was subsequently issued for failure of the parties to come to an Agreement.
11.
That on June 1, 2008 a final demand letter was sent to the
defendant-debtor for the payment of his outstanding payable up to July 2008, which however, was left unheeded, a photocopy of which is hereto attached as Annex “E”; 12.
That the demand letter was duly received by defendant
thru his wife Mrs. Veronica A. Santos on June 3, 2008, as shown by a Certification dated June 25, 2008 issued by the Quezon City Central Post Office, copy of which is hereto attached as Annex “F”; 13.
That defendant-creditor has, as of this date, defaulted in
the payment of an aggregate amount of Twenty-six Thousand Pesos (P26,000.00); 14.
That notwithstanding plaintiff-creditor’s repeated oral and
written demands, defendant-debtor failed and refused and still fails and refuses to heed to the former’s just and valid demands, leaving the plaintiff no other recourse but to litigate and file this acton. 15.
That by reason of defendant’s 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.
That by reason of defendant’s violation and disregard of
Plaintiff’s 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 similarly-minded 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 the plaintiff as follows:
1.
The
amount
of
TWENTY
SIX
THOUSAND
PESOS
representing the unpaid monthly installments due under the Loan Agrement dated August 6, 2005; 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. ANGELICO ZENON M. DELOS REYES Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Roll No. 76430 IBP No. 352980 dated 1-2-08 MCLE Compliance No. 11-00043527
VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING I, NAPOLEON C. GATMAITAN, Filipino, of legal age with address at #11 Bohol St., Barangay Horseshoe, 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. NAPOLEON C. GATMAITAN Plaintiff 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 _____
Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING COMES NOW the Defendant, by the undersigned counsel, and unto this Honorable Court, respectfully moves:
1. The Complaint in this matter was served on Edgardo S. Santos on _______________________, making his Answer due on ____________________; 2. Due to the scheduling logistics of undersigned counsel, Defendant need and respectfully request a short extension in which to file his Answer to the Complaint; 3. Undersigned counsel request a two-week extension, making his Answer due on ___________________. WHEREFORE, Defendant herein and undersigned counsel respectfully request a two-week extension from__________ to _________ in which to file their Answer to the Complaint. Quezon City, __________________
ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 NOTICE OF HEARING To: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Greetings: Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion for Extension of Time to File Responsive Pleading. ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City
Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 COPY FURNISHED: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City EXPLANATION The foregoing Motion for Extension of Time to File Responsive Pleading has been served on Plaintiff’s counsel by registered mail due to lack of time and personnel to effect personal delivery.
ATTY. LOUISE MARIE S. PEREZ Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
MOTION FOR BILL OF PARTICULARS
COMES NOW the Defendant, by the undersigned counsel, and unto this Honorable Court, respectfully alleges: 1. That the plaintiff's complaint in its paragraphs 3 to 6 alleges:
“3.
That the above-named spouse of Plaintiff is the erstwhile
business partner of the defendant from year 2007 to 2009; 4.
That in the course of their business, the plaintiff’s spouse
made financial contributions through the request and assurances of
the defendant that such amount will be repaid. That however, after several months and upon inquiry, plaintiff’s spouse found out that defendant misappropiated the financial investments made for his own personal use. That despite demands, defendant failed to remit to and/or settle with the plaintiff’s spouse the aggregate amount of Ninety Eight Thousand Seven Hundred Pesos (P98,700.00); 5.
That in recognition of defendant’s obligation in favor of
plaintiff’s spouse, the former executed an Acknowledgement of Debt in favor of the plaintiff on January 26, 2008, a photocopy of which is attached hereto as Annex “A”; 6.
That by reason of the kindness and generosity of plaintiff’s
spouse, defendant’s obligation through the Acknowledgement was reduced to the sum of Sixty Thousand Pesos (P60,000.00), and transferred in favor of the plaintiff as formalized n a duly-notarized Loan Agreement entered by and between the plaintiff and the defendant on January 29 2008, a photocopy of which is hereto attached as Annex “B”;”
2. That said allegations are insufficient and defective in that it fails to specify the genuineness and authenticity of documents and the exact circumstances which actually prevailed;
3. That a more definite statement on the matter as above indicated is necessary in order to enable the defendant to properly prepare his responsive
pleading.
WHEREFORE, it is respectfully prayed that an Order be issued by this Honorable court requiring the Plaintiff to make more definite and certain his complaint in the particulars above indicated.
Quezon City, __________________
ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10
MCLE Compliance No. 11-00083469
NOTICE OF HEARING To: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Greetings: Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion for Bill of Particulars. ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469
COPY FURNISHED: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City
EXPLANATION The foregoing Motion for Bill of Particulars has been served on the Plaintiff’s counsel by registered mail due to lack of time and personnel to effect personal delivery.
ATTY. LOUISE MARIE S. PEREZ
Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
SECOND MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING COMES NOW the Defendant, by the undersigned counsel, and unto this Honorable Court, respectfully moves: 1. That the extended deadline for the filing of the Defendant’s Answer is already tomorrow ________________ which was granted by this Honorable Court as per Order dated ______________; 2. That the undersigned counsel was suddenly stricken by the dreadful and painful sore-eyes infection last two days ago, Defendant need and respectfully request another short extension in which to file his Answer to the Complaint; 3. Undersigned counsel hereby request a two-week extension, making their Answer due on ___________________. WHEREFORE, Defendant herein and undersigned counsel respectfully request another two-week extension from__________ to _________ in which to file their Answer to the Complaint.
Quezon City, __________________ ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 NOTICE OF HEARING To: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Greetings: Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Second Motion for Extension of Time to File Responsive Pleading. ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 COPY FURNISHED: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City EXPLANATION The foregoing Second Motion for Extension of Time to File Responsive Pleading has been served on Plaintiff’s counsel by registered mail due to lack of time and personnel to effect personal delivery.
ATTY. LOUISE MARIE S. PEREZ Republic of the Philippines METROPOLITAN TRIAL COURT
National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
FINAL MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING COMES NOW the Defendant, by the undersigned counsel, and unto this Honorable Court, respectfully moves: 1. That the second extended deadline for the filing of the Defendant’s Answer is already tomorrow ________________ which was granted by this Honorable Court as per Order dated ______________; 2. That the undersigned counsel, not yet fully recovered from the dreadful sore-eyes, conducted an initial interview with the Defendant for the preparation of his Answer but yesterday, when the draft pleading will be shown for comments, Defendant failed to arrive at undersigned’s office because the latter contracted also the same disease; 3. Undersigned counsel hereby requests a short two-week extension, making their Answer due on ___________________; 4. That this final request for extension of the hearing is not for the purpose of delaying the disposition of the case. WHEREFORE, Defendant herein and undersigned counsel respectfully request another two-week extension from__________ to _________ in which to file their Answer to the Complaint. Quezon City, __________________
ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 NOTICE OF HEARING To: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Greetings: Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Final Motion for Extension of Time to File Responsive Pleading. ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 COPY FURNISHED: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City EXPLANATION The foregoing Final Motion for Extension of Time to File Responsive Pleading has been served on Plaintiff’s counsel by registered mail due to lack of time and personnel to effect personal delivery.
ATTY. LOUISE MARIE S. PEREZ
Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
MOTION TO DECLARE DEFENDANT IN DEFAULT
PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court, respectfully alleges: 1. Defendant was served Summons together with a copy of the Complaint and annexes thereto in the above-entitled case at his address # 15 Bohol St., Barangay Horseshoe, Quezon City, where he was residing; 2. Mr. Steven R. Lucas served the Summons on ___________ per Sheriff's Return of same date attached herewith as Annex “A”; 3.
Under Sec. 1 Rule 11 of the Revised Rules of Court of the
Philippines, the defendant has fifteen (15) days after service of Summons to file his answer to the complaint. More than fifteen (15) days has lapsed since Summons was served upon the defendant and up this date, defendant has not filed his answer or any responsive pleading for that matter; 4. Notwithstanding the fact that the defendant requested and filed three Motions for extensions of time, still, they failed to file an Answer on the deadline approved by this Honorable Court as per Order dated ______________ attached herewith as Annex “B”. IN VIEW of the failure of the defendant to file his answer or any responsive pleading, plaintiff respectfully prays to the Honorable Court to declare the defendant in default pursuant to Sec. 3 Rule 9 of the Rules of Court. Other reliefs just and equitable under the premises are likewise prayed for. Quezon City, ______________________
Atty. ANGELICO ZENON M. DELOS REYES Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Roll No. 76430 IBP No. 352980 dated 1-2-08 MCLE Compliance No. 11-00043527
NOTICE OF HEARING
To: Atty. Louise Marie S. Perez Counsel for the Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Greetings: Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion to Declare Defendant in Default.
ATTY. ANGELICO ZENON M. DELOS REYES Counsel for Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Roll No. 76430 IBP No. 352980 dated 1-2-08 MCLE Compliance No. 11-00043527
COPY FURNISHED: Atty. Atty. Louise Marie S. Perez Counsel for the Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City
EXPLANATION The foregoing Motion to Declare Defendant in Default has been served on Defendant’s counsel by registered mail due to lack of time and personnel to effect personal delivery.
Atty. ANGELICO ZENON M. DELOS REYES
Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
MOTION TO LIFT ORDER OF DEFAULT COMES NOW the defendant, EDGARDO S. SANTOS thru the undersigned counsel and unto this Honorable Court, respectfully avers: 1. That defendant and undersigned counsel was not able to timely file an answer for the reason that both suffered a very infectious disease of sore-eyes from _____________ upto _______________; 2. That undersigned counsel, despite the pain and misery managed to prepare and draft the Answer but defendant himself suffered worst and was even confined for three days. A doctor’s certificate, to attest the truthfulness of this unfortunate event is hereby attached as Annex “A”;
3. That defendant’s Answer will be filed tomorrow already; 4. That both the defendant and the undersigned counsel is committed to the speedy disposition of this case. WHEREFORE, it is respectfully prayed that the order declaring the defendant in default be lifted and that this Honorable Court allow the defendant to file an answer to the plaintiff’s complaint. Quezon City,_____________ ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 NOTICE OF HEARING To: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Greetings: Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion to Lift Order of Default. ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 COPY FURNISHED: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City EXPLANATION
The foregoing Motion to Lift Order of Default has been served on Plaintiff’s counsel by registered mail due to lack of time and personnel to effect personal delivery.
ATTY. LOUISE MARIE S. PEREZ Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
ANSWER COMES NOW the defendant EDGARDO S. SANTOS thru the undersigned counsel, respectfully alleges: 1. That he specifically denies under oath the genuineness and due execution of the alleged Acknowledgement of Debt (Annex A) and Loan Agreement (Annex B) attached to the plaintiff’s complaint; 2. That the said two documents were fraudulently executed by the plaintiff NAPOLEON C. GATMAITAN, the defendant EDGARDO S. SANTOS not having executed any such promissory note in favor of the former, thus, the said promissory note is null and void. WHEREFORE, it is respectfully prayed that the plaintiff’s complaint be dismissed with costs against the plaintiff. The defendant further prays for such other relief as the Honorable Court may deem just and equitable. Quezon City,_____________
ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 COPY FURNISHED: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City
VERIFICATION I, EDGARDO S. SANTOS, of legal age, Filipino and with address at # 15 Bohol St., Barangay Horseshoe, Quezon City, having been duly sworn to in accordance with law hereby depose and say: 1. That I am the Defendant in the above-entitled case; that I have caused the preparation of the foregoing Answer Pleading; that all the allegations stated therein are true and correct of my own knowledge and supported by authentic documents; 2. That I have not commenced any other action or proceeding involving the same issues is 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 there is no other action or proceeding which is either pending or may have been terminated, and 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 tribunal or agency, I undertake to report that fact within five (5) days there from to this Honorable Court.
EDGARDO S. SANTOS Affiant
SUBSCRIBED AND SWORN to before me this ____ day of _______ at Quezon City affiant exhibiting to me her Community Tax Certificate No. __________ issued in ___________ on ____________
NOTARY PUBLIC Doc. No.________; Page No.________; Book No.________; Series of ________;
Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff,
-versusEDGARDO S. SANTOS
Defendant.
CIVIL CASE NO. _____ For: Collection of a Sum of Money
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X MANIFESTATION AND MOTION TO WITHDRAW AS COUNSEL WITH SUBSTITUTION OF COUNSEL The Clerk of Court Regional Trial Court of Quezon City Branch _________ COMES NOW Atty. Louise Marie S. Perez, counsel of record for the Defendant and unto this Honorable Court respectfully moves to withdraw as counsel for Defendant with the express consent of the defendant as shown in this motion. That in substitution thereof, Atty. Corazon Alma T. Soliman whose services have been retained by Defendant, hereby enters her appearance as counsel for the Defendant. That upon the approval of this Honorable Court, all pleadings, notices and papers in connection with the above entitled case be addressed to the new counsel, Atty. Corazon Alma T. Soliman, with address at 13th floor, Will Tower Mother Ignacia St., Barangay South Triangle, Quezon City. Quzon City, _________________
ATTY. LOUISE MARIE S. PEREZ Former Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469 ATTY. CORAZON ALMA T. SOLIMAN 13th floor, Will Tower Mother Ignacia St., Barangay South Triangle, Quezon City Roll No. 87639 IBP No. 866551 dated 1-7-10 MCLE Compliance No. 11-00083769
WITH DEFENDANT’S CONSENT EDGARDO S. SANTOS NOTICE OF HEARING To: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Greetings: Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Manifestation and Motion to Withdraw as Counsel with Substitution of Counsel. ATTY. LOUISE MARIE S. PEREZ Counsel for Defendant Citibank Tower Eastwood City Bagumbayan, Quezon City Roll No. 87432 IBP No. 863992 dated 1-5-10 MCLE Compliance No. 11-00083469
COPY FURNISHED: Atty. Angelico Zenon M. Delos Reyes Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City EXPLANATION The foregoing Manifestation and Motion to Withdraw as Counsel with Substitution of Counsel has been served on Plaintiff’s counsel by registered mail due to lack of time and personnel to effect personal delivery.
ATTY. LOUISE MARIE S. PEREZ
Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region Branch ____, Quezon City NAPOLEON C. GATMAITAN Plaintiff, -versus-
CIVIL CASE NO. _____ For: Collection of a Sum of Money
EDGARDO S. SANTOS Defendant. X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
MOTION FOR EXECUTION OF JUDGMENT COMES NOW the Plaintiff, by the undersigned counsel, and unto this Honorable Court, respectfully moves for the execution of judgment under the following premise: 1. That a decision has been rendered in this case on August 1, 2011, in favor of the Plaintiff and against the Defendant;
2. That the period for appeal has already expired without the Defendant having perfected an appeal from said decision; 3. That said decision is now final and executory.
WHEREFORE, it is respectfully prayed that an Order be issued for the execution of the above judgment. Quezon City, ___________________.
Atty. ANGELICO ZENON M. DELOS REYES Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Roll No. 76430 IBP No. 352980 dated 1-2-08 MCLE Compliance No. 11-00043527 NOTICE OF HEARING TO: ATTY. CORAZON ALMA T. SOLIMAN Counsel for the Defendant 13th floor, Will Tower Mother Ignacia St., Barangay South Triangle, Quezon City Greetings: Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or as soon thereafter as counsel may be heard, the undersigned will ask Branch _____ of the Regional Trial Court of Quezon City to approve the foregoing Motion for Execution of Judgment. ATTY. ANGELICO ZENON M. DELOS REYES Counsel for the Plaintiff Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City Roll No. 76430 IBP No. 352980 dated 1-2-08 MCLE Compliance No. 11-00043527 COPY FURNISHED: ATTY. CORAZON ALMA T. SOLIMAN Consel for the Defendant 13th floor, Will Tower Mother Ignacia St., Barangay South Triangle, Quezon City
EXPLANATION The foregoing Motion for Execution of Judgment has been served on Defendant’s counsel by registered mail due to lack of time and personnel to effect personal delivery. ATTY. ANGELICO ZENON M. DELOS REYES
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