Republic of the Philippines

6TH JUDICIAL REGION

Regional Trial Court
Branch 25
Iloilo City

JOSE A. MASILUNGAN, Civil Case No. CV-2018-24

Plaintiff FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
- versus -

BEN. A. TAMBLING,
Defendant
x -----------------------x

COMPLAINT

Plaintiff, through the undersigned counsel unto this Honorable Court,

hereby respectfully avers:

1. That plaintiff is of legal age, Filipino, married, and a resident of San

Isidro, Jaro, Iloilo City, Philippines while the defendant is also of legal age,
married, Filipino and a resident of Brgy. Tagbak, Jaro, Iloilo City,

2. That on October 19, 2017, the defendant borrowed from the

plaintiff a sum of money amounting to Five Hundred Thousand Pesos (PhP
500,000.00) with an agreed interest of five percent (3%) per month as
evidenced by a promissory note herein attached as Annex “A” and form an
integral part of this complaint that shown in the attached promissory note,
the indebtedness of the defendant has become due and demandable on
October 19, 2018;

4. Despite plaintiff's repeated demands, both written and verbal,

defendant failed, neglected and refused to fulfill obligations without just and
valid grounds to the continued damage and prejudice of plaintiff, as
evidenced by Annex “B” – Demand Letters;

5. That the plaintiff in order to enforce his rights and interests, has
sought the services of a legal counsel with attorney’s fees amounting to One
Hundred Thousand Pesos (PhP 100,000.00) and an appearance fee of Two
Thousand Pesos (PhP 2,000.00).

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 6. That the plaintiff has paid for litigation expenses amounting to
Twenty Thousand Pesos (PhP 20,000.00) as evidenced by Annex “C” –
Official Receipt;

7. The plaintiff has suffered moral damages at the sum discretion of

the Honorable Court.

WHEREFORE, premises considered, it is hereby respectfully prayed

before the Honorable Court to render decision in favor of the plaintiff and
order the defendant to pay the following:

a. the sum of Five Hundred Thousand Pesos (PhP 500,000.00) plus

interest at the rate of five percent (3%) per month as stipulated in
the promissory note;

b. moral damages, exemplary damages at the sum discretion of the

court;

c. attorney’s fees amounting to One Hundred Thousand Pesos (PhP

100,000.00) and an appearance fee of Two Thousand Pesos (PhP
2,000.00) per hearing

d. litigation expenses amounting to Twenty Thousand Pesos (PhP

20,000.00).

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

Iloilo City, December 10, 2018.

ATTY. ANDREA B. DELOVIAR

Counsel for Petitioner
Jaro, Iloilo City
Roll of Attorneys No. __________
PTR NO. _______________, Iloilo City
IBP NO. ________________, Iloilo City
MCLE Comp. No. ____________________

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF ILOILO ) SS.
x----------------------------x

VERIFICATION AND CERTIFICATION

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 I, JOSE A. MASILUNGAN, of legal age, Filipino, married, and a
resident of San Isidro, Jaro, Iloilo City, Philippines, after being sworn in
accordance with law, hereby depose and say:

(1) That I am the Plaintiff in the above-entitled case;

(2) That I have caused the preparation of the above Complaint and I
have read the same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my
own personal knowledge and based on authentic records.

(4) That I further certify that: I have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; if I should
thereafter learn that the same or similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5)
days therefrom to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 10th

day of December 2018 at Iloilo City, Philippines.

JOSE A. MASILUNGAN
Affiant
TIN 4321-7887; Iloilo City

SUBSCRIBED AND SWORN to before me, this 10th day of

December 2018, affiant exhibiting to me his Tax Identification Card as
shown above below his name as competent evidence of his identity.

ATTY. ANDREA B. DELOVIAR

Counsel for Petitioner

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 Jaro , Iloilo City
Roll of Attorneys No. __________
PTR NO. _______________, Iloilo City
IBP NO. ________________, Iloilo City
MCLE Comp. No. ____________________

Doc. No. __;

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

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