forms 3rd party

7/29/2019 FORMS 3rd Party

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGIONREGIONAL TRIAL COURT

Quezon City

Branch __

MICHAEL ROMERO,

Plaintiff,

-versus- CIVIL CASE NO. ________

MARIO DINGLASAN,

Defendant,

x-----------------------------------------------------------------------------------------x

MOTION FOR LEAVE OF COURT TO FILE THIRD-PARTY

COMPLAINT

COMES NOW, the Defendant, through the undersigned counsel andunto this Honorable Court, most avers:

1. That Defendant has been sued for breach of contract resulting tocollection of sum of money in the total amount of one million pesos (P1,

000,000.00) exclusive of cost and interest, and attorneys fees;

2. That the Third-Party purchased from herein Defendant officeequipment which is the subject of the complaint, amounting to one millionpesos (P1, 000,000.00)

3. That after the purchase of the said office equipmentaforementioned, Defendant immediately delivered the same to the Third-Party who promised to pay the full purchase price to the Defendant

evidenced by the Promissory Noted signed by the Third-Party. Copy of theThird-Party Complaint is hereto attached as Annex A hereof.

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that the Defendant be allowed to file Third-Partycomplaint.

Other relief and remedies as may be deemed just and equitable under

the premises are likewise prayed for.


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Quezon City, March __, 2013

Alba Diaz Sibal Venus Law Offices

Counsel for the Defendant

No. 88 Arch. Bishop Reyes St., Pasig City

By:

ATTY. VERONICA DIAZ

IBP No. : 258147; 11/11/2011ManilaPTR No.: 35790; 11/11/2011Manila

Roll No.: 147025; 04/01/2010MCLE No. I- 260135; 04/01/2010

Contact Number: 357-2468 loc. 987Email Address:


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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGIONREGIONAL TRIAL COURT

Quezon City

Branch __

MICHAEL ROMERO,

Plaintiff,

-versus- CIVIL CASE NO. ________

MARIO DINGLASAN,

Defendant,

x-----------------------------------------------------------------------------------------x

MARIO DINGLASAN,

Third-Party Plaintiff,

-versus-

JUAN DELA CRUZ

Third-Party Defendant.

x-----------------------------------------------------------------------------------------x

THIRD-PARTY COMPLAINT

COMES NOW, the Third-Party Plaintiff, through counsel, and

unto this Honorable Court, most respectfully avers:

1. That Third-Party Plaintiff is single, of legal age, a Filipino citizen,residing at 212 Sta. Maria St., Pasig City where he can be served with

summons and other legal processes of this Honorable Court;

2. That Third-Party Defendant is also single, of legal age, a Filipinocitizen, residing at 444 Clara Street, Makati City where he can be

served with summons and other legal processes of this HonorableCourt;


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3. That the Third-Party Defendant purchased from herein Third-PartyPlaintiff office equipment which is the subject of the complaint,amounting to one million pesos (P1, 000,000.00)

4. That after the purchase of the said office equipment aforementioned,Third-Party Plaintiff immediately delivered the same to the Third-Party Defendant who promised to pay the full purchase price to the

Plaintiff evidenced by the Promissory Note signed by the Third-PartyDefendant. Copy of the Promissory Note is hereto attached as Annex

B hereof.

WHEREFORE,premises considered, it is most respectfully prayedunto this Honorable Court that, after hearing, judgment be rendered as

follows:

1. Ordering the Third-Party Defendant to indemnify the Third-PartyPlaintiff for whatever is adjudged against the latter in favor of the said

original plaintiff;

Such other relief and remedies as may be deemed just and equitable

under the premises are likewise prayed for.

Quezon City, March __, 2013

Alba Diaz Sibal Venus Law Offices

Counsel for the Defendant

No. 88 Arch. Bishop Reyes St., Pasig City

By:

ATTY. VERONICA DIAZ

IBP No. : 258147; 11/11/2011Manila

PTR No.: 35790; 11/11/2011ManilaRoll No.: 147025; 04/01/2010

MCLE No. I- 260135; 04/01/2010Contact Number: 357-2468 loc. 987

Email Address:


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VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, MARIO DINGLASAN, of legal age, Filipino citizen, single, after

having been duly sworn in accordance with law, depose and state that:

1. I am the Third-Party Plaintiff in the above-stated case;2. I caused the preparation of the foregoing complaint;3. I have read the contents thereof and the facts stated therein are true

and correct of my personal knowledge and/or on the basis of copies of

documents and records in my possession;

4. I have not commenced any other action or proceeding involving thesame issues in the Supreme Court, the Court of Appeals, or any other

tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceedingis pending in the Supreme Court, the Court of Appeals, or any other

tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has beenfiled or is pending before the Supreme Court, the Court of Appeals, or

any other tribunal or agency, I undertake to report that fact within five(5) days therefrom to this Honorable Commission.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ____ day of March 2013, in the City of Quezon.

MARIO DINGLASAN

Plaintiff

212 Sta. Maria St., Pasig City


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SUBSCRIBED AND SWORN to before me this ___ day of

__________ 2013 at _________________ affiant exhibiting to me hisCommunity Tax Certificate No.____________________ issued on

________________ 2013 at ______________ City.

ATTY. FLOR IRIS BATILLER

NOTARY PUBLIC

Commission Serial No. _____________

Until December 31, 2013

PTR. No. 87654; 1/2/2012; Quezon City

Doc. No. _____;

Page No. _____;Book No. _____;

Series of 2013


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Annex BPromissory Note

PROMISSORY NOTE

THIS PROMISSORY NOTE dated this 2nd day of January, 2013.

Juan Dela Cruz

Of444 Clara Street, Makati City

(the borrower)

Hereby acknowledges the receipt of one million pesos (P1, 000,000.00)

worth of office equipment.

-from-

Mario DinglasanOf

212 Sta. Maria Street, Pasig City

(the lender)

FOR VALUE RECEIVED, the borrower hereby promise to pay the lender at

212 Sta. Maria Street, Pasig City or such other place, or to such other party,

as the lender may from time to time designate in writing, the principal sumof one million pesos (P1, 000,000.00) plus 5% interest per month on equal

installment basis as follows:

Due Date Amount Due Interest Due Total Amount to

be Paid

February 2, 2013 P200,000.00 P10,000.00 P210,000.00

March 2, 2013 P200,000.00 P10,000.00 P210,000.00

April 2, 2013 P200,000.00 P10,000.00 P210,000.00

May, 2, 2013 P200,000.00 P10,000.00 P210,000.00

June 2, 2013 P200,000.00 P10,000.00 P210,000.00


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Failure to comply with the monthly payment shall render the whole amount

of one million pesos (P1, 000,000.00) due and demandable plus legalinterest of 12% per annum.

(signed) Juan Dela Cruz

borrower

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