collection of sum of money2

8/20/2019 Collection of Sum of Money2

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Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region

Branch ____, Quezon City

NAPOLEON C. GATMAITAN

Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.

CIVIL CASE NO. _____

For: Collection of a Sum of

Money

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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


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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) inFebruary 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”;


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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 butto 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.


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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 CityRoll No. 76430 IBP No. 352980 dated 1-2-08

MCLE Compliance No. 11-00043527


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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 onaccordance 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.


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 _____


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ATTY. LOUISE MARIE S. PEREZ

Counsel for Defendant

Citibank Tower Eastwood City Bagumbayan, Quezon CityRoll No. 87432 IBP No. 863992 dated 1-5-10


NOTICE OF HEARING

To:Atty. Angelico Zenon M. Delos Reyes


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.



Citibank Tower Eastwood City

Bagumbayan, Quezon City

Roll No. 87432 IBP No. 863992 dated 1-5-10


COPY FURNISHED:

Atty. Angelico Zenon M. Delos Reyes



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.


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Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.


For: Collection of a Sum ofMoney

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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”;


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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, __________________



Citibank Tower Eastwood City Bagumbayan, Quezon City




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NOTICE OF HEARING




Libis, Quezon City

Greetings:




Bill of Particulars.



Citibank Tower Eastwood CityBagumbayan, Quezon City



COPY FURNISHED:


Counsel for the PlaintiffPhoenix 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.


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Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.



Money

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SECOND MOTION FOR EXTENSION OF TIME

TO FILE RESPONSIVE PLEADING


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 ___________________.


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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, __________________






NOTICE OF HEARING




Libis, Quezon City

Greetings:



of the Regional Trial Court of Quezon City to approve the foregoing Second

Motion for Extension of Time to File Responsive Pleading.







COPY FURNISHED:


Counsel for the PlaintiffPhoenix Sun Business Park E. Rodriguez Jr. Ave.,

Libis, Quezon City

EXPLANATION


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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.







Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.



Money

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FINAL MOTION FOR EXTENSION OF TIME

TO FILE RESPONSIVE PLEADING


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;


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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, __________________






NOTICE OF HEARING




Libis, Quezon City

Greetings:



of the Regional Trial Court of Quezon City to approve the foregoing Final Motion

for Extension of Time to File Responsive Pleading.








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COPY FURNISHED:

Atty. Angelico Zenon M. Delos ReyesCounsel for the Plaintiff


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.



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Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.



Money

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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


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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 threeMotions 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, ______________________


Counsel for the PlaintiffPhoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City



NOTICE OF HEARING

To:Atty. Louise Marie S. Perez

Counsel for the Defendant



Greetings:


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


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Counsel for Plaintiff


Libis, Quezon City



COPY FURNISHED:

Atty. Atty. Louise Marie S. Perez




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.



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Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.



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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”;


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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. PEREZCounsel for Defendant




NOTICE OF HEARING




Libis, Quezon City

Greetings:



of the Regional Trial Court of Quezon City to approve the foregoing Motion to

Lift Order of Default.







COPY FURNISHED:



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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.







Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.



Money

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ANSWER

COMES NOW the defendantEDGARDO 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 defendantEDGARDO S. SANTOSnot


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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,_____________






COPY FURNISHED:




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;


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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 ________;


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Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.



Money

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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


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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, _________________


Former Counsel for DefendantCitibank Tower Eastwood City




ATTY. CORAZON ALMA T. SOLIMAN

13th floor, Will Tower

Mother Ignacia St.,

Barangay South Triangle, Quezon City



WITH DEFENDANT’S CONSENT

EDGARDO S. SANTOS

NOTICE OF HEARING




26/29


Libis, Quezon City

Greetings:



of the Regional Trial Court of Quezon City to approve the foregoing

Manifestation and Motion to Withdraw as Counsel with Substitution of Counsel.







COPY FURNISHED:

Atty. Angelico Zenon M. Delos ReyesCounsel for the Plaintiff


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.



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Plaintiff,

-versus-

EDGARDO S. SANTOS

Defendant.



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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 thefollowing premise:

1. That a decision has been rendered in this case on August 1, 2011, in favor of

the Plaintiff and against the Defendant;


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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, ___________________.



Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City



NOTICE OF HEARING

TO: ATTY. CORAZON ALMA T. SOLIMAN



Mother Ignacia St.,

Barangay South Triangle, Quezon City

Greetings:

Please take notice that on Friday, _______________, at 8:00 o’clock A.M., or assoon thereafter as counsel may be heard, the undersigned will ask Branch _____


Execution of Judgment.




Libis, Quezon CityRoll No. 76430 IBP No. 352980 dated 1-2-08


COPY FURNISHED:


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ATTY. CORAZON ALMA T. SOLIMAN

Consel for the Defendant


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.


collection of sum of money2

Documents