Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region
Mati City, Davao Oriental

CLUB. INC. (Mati Branch) Civil Case No. 3958778

Plaintiffs,

-versus- FOR: Sum of Money

Damages and
Attorneys Fees
JOHN DOE, ET AL,
Defendants,
x-------- -----------------x

MOTION TO RENDER JUDGMENT BASED ON THE

PLEADINGS UNDER RULE 34 OF THE REVISED
RULES OF COURT

COMES NOW, plaintiff, through counsel, unto this Honorable

Court, most respectfully states that:

STATEMENT OF FACTS

1. On August 16, 2011, plaintiff filed a complaint for sum of

money, damages, and attorney’s fees against defendants for
non-payment of the latter’s obligation with the former.
Defendants’ obligation already amounted to ONE HUNDRED
NINETY FIVE THOUSAND THREE HUNDRED FIFTY
PESOS (P 195,350.00) inclusive of five percent (5%)
interest per month plus three percent (3%) penalty charge
and twenty five percent (25%) collection charges, as of May
23, 2011;

2. In their answer with offer of compromise dated June 08,

2012, defendants admitted the existence of their obligation
with the plaintiff. They reasoned that their failure to pay was
due to financial constraints, but are now willing to make good
 said obligation provided they are given ample time within
which to pay the same;

3. Defendants admitted the material allegations in the complaint

except as to the stipulations on interest which defendants
prayed to be reduced for being unconscionable;

4. Thus, the only issue left for resolution before this Honorable
Court is the propriety of the interest and other charges
imposed by the plaintiff and as prayed for in the complaint;

5. Per hearing conducted on November 14, 2012, the Honorable

Court required both parties within ten (10) days to submit the
necessary pleadings for speedy disposition of the instant
case;

6. Since the tenth (10th ) day within which to comply with the
order of the Honorable Court falls on a Saturday (November,
24, 2012, plaintiff has until November 26, 2012 (Monday)
within which to submit this motion as provided under Rule 22.
section 1 of the Rules of Court quoted as follows:

“Section 1. How to compute time.- In Computing

any period of time prescribed or allowed by these
Rules, or by order of the court, or by any
applicable statue, the day of the act or event from
which the designated period of time begins tro
run is to be excluded and the date of performance
included. If the last day of the period as thus
computed, falls on a Saturday, a Sunday, or a
legal holiday in the place where the court sits, the
time shall not run until the next working day.”

7. Hence this Motion;

ARGUMENTS AND DISCUSSION

8. Article 1159 of the New Civil Code provides:

“ Obligations arising from contracts have the force

of law between contracting parties and should be
complied with in good faith”
9. Compliance in good faith means compliance or
performance in accordance with the stipulations or
terms of the contract or agreement. Sincerity and
honesty must be observed to prevent one party from
taking unfair advantage over the other;
10. In the instant case, defendants voluntarily and freely
entered into a contract with the plaintiff, that is the
purchase of one (1) unit KAWASAKI 100CC to be paid
on monthly installment basis for the period of one (1)
year;
11. To guarantee payment, a promissory note was
executed, read, understood, and signed by both parties.
Attached is a copy of the promissory note marked as
Annex “A”;
12. In first (1st) paragraph last sentence of said
promissory note, it is stipulated by the plaintiff and the
defendants and we quote

“ that the interest at five percent (5%) per month shall be

added on each unpaid installment plus penalty charge of
three percent(3%) per month from maturity thereof until
fully paid”

13. It is further stipulated by the parties in third (3 rd)

paragraph first sentence that:

“It is further agreed that if, upon such default attorney’s

services availed of, an additional sum equal to twenty five
percent (25%) of the total sum due thereon, which shall
not be less that fifty (50) pesos, shall be paid to the holder
hereof for attorney’s fees aside from expenses of collection
and the legal costs provided in the Rules of Court.”

14. The foregoing stipulations were agreed by both

parties freely, voluntarily, and absent any fraud or
intimidation that may vitiate their consent. Hence, it
has the force of law between the plaintiff and the
defendants and should be complied with in good faith;
15. thus, defendants cannot now cry before this
Honorable court and plea that the contract should be
modified since it is freely agreed by them in the frist
place;
16. Courts do not come to aid for bad bargains freely
and voluntarily agreed by both parties;
 PRAYER

WHEREFORE, premises considered,it is most respectfully prayed of this

Honorable Court that judgment be rendered ordering the defendant to
pay the amounts prayed for in the complaint.

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

November 26, 2012, VVVVVVCity, Davao Oriental, Philippines.

By:

ATTY. JOHN DOE

Counsel for the Plaintiff
Tel. Nos. 11111 up to 78
Fax No. (082) 1111/ (082) 221-2222
IBP No. 8922EW / 03-12-12 Davao City
PTR No. 1589111 / 05-12-12 Davao City

COPY FURNISHED THRU REGISTERED MAIL/NOTICE OF

SUBMISSION

HON. CLERK OF COURT

11th Judicial Region

City, Davao Oriental

ATTY.
Counsel for the Defendants
Public Attorney II
MTCC Building
City, Davao Oriental

Greetings:
 Sir/Madam:

Please submit the foregoing motion for the kind consideration

and approval of the Honorable Court, immediately upon receipt hereof,
sans appearance.

Thank you very much.

EXPLANATION

Service of this motion was made through registered mail due to

constraints in distance and for lack of personnel, thereby making
personal service thereof impractical.

Thank you.