Civil Complaint

REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 46
Urdaneta City, Pangasinan
LYSELLE MARIE S. RAMBAC, CIVIL CASE NO. T-0001

Plaintiff, For: Collection of Sum of
Money
-versus-
BENJIE “OPTIONAL” MACALINO,

Defendant.
X------------------------------------X
COMPLAINT
Plaintiff by counsel, respectfully states that:
1. Plaintiff is of legal age, single, Filipino, and resident of Brgy.

Nancayasan, Urdaneta City, Pangasinan, where she may be served
with notices and other processes of the court;
2. Defendant is also of legal age, married, Filipino and resident of

Brgy. Nancamaliran, Urdaneta City, Pangasinan, where he may be
served with summons, notices, and other court processes;
3. Plaintiff is the registered owner of Rambac Hardware situated and

operating in Brgy. Nancayasan, Urdaneta City, Pangasinan;
4. Defendant is engaged in construction business using the business

name Optional Builders Inc.;
5. Sometime in December 2019, defendant went to Rambac

Hardware Supplies and bought construction supplies on cash
basis. Defendant then talked to the plaintiff and introduced
himself as a contractor with various construction projects in
Binalonan, Asingan, Umingan and Urdaneta City, Pangasinan. He
then proposed to plaintiff if he could be accommodated to
purchase construction supplies on credit basis. The plaintiff having
found the defendant to be trustworthy, the plaintiff granted the
request of the defendant. Thus, starting on June 15, 2020, up to
December 10, 2021, defendant took from plaintiff construction
materials for his construction projects in various towns of
Pangasinan on credit, reaching the total amount of Four Million
Six Hundred Twenty-one Thousand Four Hundred Twenty-
Three Pesos (Php4,621,423.00), as evidenced by 15 receipts,
copies of which are herewith attached as Annexes “A and
series”;
6. The defendant has paid partial payments in the amount of One

Million Two Hundred Thousand Pesos (Php1,200,000.00)
from August 2020 up to July 2021, as evidenced by their covering
receipts, marked herewith as Annexes “B and series”;
7. Defendant defaulted from paying his remaining obligation in the

total amount of Three Million Four Hundred Twenty-one
Thousand Four Hundred Twenty-Three Pesos
(Php3,421,423.00), despite repeated demands by the plaintiff,
the last being the Demand Letter sent to him through a counsel,
as shown by herewith copies of the Demand Letters and
corresponding registry receipt evidencing the defendant’s receipt
of the same, marked as Annexes “C”, respectively;
8. The plaintiff then referred the instant case to the Barangay Lupon
of Brgy. Nancayasan, Urdaneta City, Pangasinan for a chance of
reconciliation that proved to be futile. That on January 16, 2022
the Brgy. Chairman of Brgy. Nancayasan, Urdaneta City,
Pangasinan issued a Certificate to File Action, a copy is herewith
attached as Annex “D”;
9. In view of the willful failure of the defendants to pay his remaining

obligation to the plaintiff, the latter was constrained to engage the
services of a lawyer to protect her interest, and to whom she
agreed to pay his legal services in the amount of Fifty Thousand
Pesos (Php50,000.00) as acceptance fee, and Two Thousand
Pesos (Php2,000.00) as appearance fee, for which defendant
should account for;
10. The plaintiff also expects to incur legal fees and other litigation
costs in the amount yet to be determined upon the filling of the
instant complaint, and which defendant should also reimburse;
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11. The defendant’s continued unjust refusal to pay the plaintiff is
causing great injustice to the plaintiff, including her family, who is
now suffering mental and psychological anguish by her realizing
that her hard earned money might be unfairly lost, and for which
she now prays for moral damages against the defendant in the
amount to be fixed by the Honorable Court;
12. For the unpaid balance not being used as business capital, the
plaintiff has also lost unrealized income therefrom, and for which
the defendant should be made liable in the form of interest;
13. The plaintiff will testify to prove her claim. In gist, she will testify
that:
a. She is the manager and owner of Rambac Hardware

Supplies;
b. The defendant has been engaged in the construction

business under the trade name Optional Builder’s Inc.;
c. The defendant took from the plaintiff construction materials

for his construction project in various towns in Pangasinan
from June 15, 2020, up to December 10, 2021, on credit
basis amounting to of Four Million Six Hundred Twenty-
one Thousand Four Hundred Twenty-Three Pesos
(Php4,621,423.00);
d. Defendant has only paid plaintiff a total of One Million

Two Hundred Thousand Pesos (Php1,200,000.00),
leaving an unpaid balance of Three Million Four Hundred
Twenty-one Thousand Four Hundred Twenty-Three
Pesos (Php3,421,423.00), which the defendant unjustly
refused to pay despite repeated demands by the plaintiff,
and
e. The unjust refusal of the defendant to pay his obligation to

the plaintiff has been causing damages to the plaintiff, for
which defendant should be made liable.
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PRAYER
WHEREFORE, premises considered, it is hereby respectfully prayed
that after due processes and hearing, judgment be rendered:
a) Declaring the defendant liable to the plaintiff;
b) Ordering the defendant to pay to the plaintiff his unpaid

obligations, plus interest;
c) Ordering the defendant to pay the plaintiff the prayed damages,

including attorney's fees;
Other orders of relief just and equitable under the premises are
likewise prayed for.
Urdaneta City, Pangasinan, this 18th day of May, 2022.
Atty. JENIFER F. DE LUNA-NAVALEZ

Counsel for Plaintiff
PTR No. 7311736, 1/01/2022, Urdaneta City, Pangasinan
Lifetime IBP No. 08777, Pangasinan Chapter
Roll of Attys. No. 64043
MCLE COC No. VI-008408, 6/20/21
Canan Norte, Malasiqui, Pangasinan
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VERIFICATION AND CERTIFICATION AGAINST
FORUM SHOPPING
I, LYSELLE MARIE S. RAMBAC, of legal age, single, Filipino, and

resident of Brgy. Nancayasan, Urdaneta City, Pangasinan, under oath, aver
that:
1. I am the plaintiff in this case;
2. I have caused the preparation of the foregoing complaint, the

contents of which I have read and understood, and that:
a) The allegations therein are all true and correct, based on my

own personal knowledge, and based on authentic documents;
b) The complaint is not filed to harass, cause unnecessary delay,

or needlessly increase the cost of litigation; and
c) The factual allegations therein have evidentiary support or, if

specifically so identified, will likewise have evidentiary support
after reasonable opportunity for discovery.
3. I hereby certify that: a)I have not therefore commenced any

action or filed any claim involving the same issue in court, tribunal
or quasi-judicial agency and to the best of my knowledge, no such
other action or claim pending therein; b) If there is such other
pending action or claim, a complete statement of the present
status thereof; and c) If I should learn thereafter that the same or
similar action or claim has been filed or is pending, I shall report
that fact within five (5) calendar days therefrom to the court
wherein this complaint has been filed.
IN WITNESS WHEREOF, I have hereunder affixed my signature

this 18th day of May, 2022.
LYSELLE MARIE S. RAMBAC

Affiant
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SUBSCRIBED AND SWORN to before me, a notary public for and
within the jurisdiction of the RTC-Urdaneta City, Pangasinan, this 5 th day of
May, 2022 in Urdaneta City, Pangasinan.

MCLE COC No. VI-008408, 6/20/21
Doc No. 001;

Page No. 01;
Book No. 1;
Series of 2022.
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BRANCH 46

Money
-versus-

Defendant.
X------------------------------------X
JUDICIAL AFFIDAVIT
I, LYSELLE MARIE S. RAMBAC, of legal age, single, Filipino, and

resident of Brgy. Nancayasan, Urdaneta City, Pangasinan, under oath, aver
that:
For the purpose taking my intended judicial affidavit relative to my

complaint for collection of sum of money against Benjie Macalino, I have
prepared before Atty. Jenifer F. De Luna-Navalez in her office located at
Canan Norte, Malasiqui, Pangasinan for her to conduct and supervise my
examination;
I hereby certify that I have answered all the questions asked of me

while fully conscious and under oath and pain of criminal liability of false
testimony or perjury;
Hereunder are the true citation of the questions asked of me and my

corresponding answers, to wit:
Question: DO you swear to tell the truth and nothing but the truth in
this examination?
1. Q: For the record, will you state your name, age, address, and
other personal circumstances?
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A: I am LYSELLE MARIE S. RAMBAC, of legal age, married,
Filipino, and resident of Brgy. Nancayasan, Urdaneta City,
Pangasnan.
2. Q: Why are you here in the office today?

A: I came here for the taking of my judicial affidavit in support of
my intended complaint for judicial affidavit relative to my
complaint for collection of sum of money against Benjie Macalino.
3. Q: How did it happen that you have collectibles from Mr. Benjie
Macalino?
A: He purchased construction materials from my hardware store
on credit, ma’am.
4. Q: What is the name of your store?

A: Rambac Hardware Store located in Brgy. Nancayasan, Urdaneta
City, Pangasinan.
5. Q:Do you have any proof to support the same?

A: Yes ma’am, I have here our DTI registration and business
permit ma’am.
6. Q: How long was your store operating?

A: We started in 2015 sir, already 7 years on October 2022
ma’am.
7. Q: How was he able to purchase construction materials from you

on credit?
A:Sometime in December 2019, Mr. Macalino was initially buying
materials from us on cash basis, until such time that he talked to
me. He introduced himself to be engaged in construction business
using the business name Optional Builders Inc., and that he had
on going projects with various towns in Pangasinan. He then
proposed that he will buy construction materials exclusively from
my store, provided that I would grant him credit. As he also
appeared to me to be trustworthy, I accepted his proposal,
ma’am. And so from June 15, 2020, up to December 10, 2021, he
was buying construction materials on credit, until the total amount
due reached Four Million Six Hundred Twenty-one Thousand Four
Hundred Twenty-Three Pesos (Php4,621,423.00), ma’am.
8. Q: What are your proofs of his said purchases on credit?

A: I have the receipts of the purchases he made ma’am.
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9. Q: I am showing to you several receipts attached to your
complaint, are this the receipts you mentioned earlier?
A: Yes ma’am, they are the ones I am referring to.
10. Q: What happened to his payables to you?

A: He was able to pay partial payments in the total amount of
One Million Two Hundred Thousand Pesos (Php1,200,000.00),
ma’am.
11. Q: What are your proofs of his partial payments?

A: The covering receipts that I issued ma’am, dated August 13,
2020, September 20, 2020, October 15, 2020, November 18,
2020, January 21, 2021, and April 17, 2021.
12. Q: What happened to his remaining balance?

A: He no longer paid it, ma’am.
13. Q: What did you do when he no longer pay his balance?

A: I repeatedly called and sent him messages through his mobile
number for me to collect ma’am, but still he did not pay, just
empty promises.
14. Q: And what did you feel when Mr. Macalino did not heed your
demands of payment?
A: I was greatly dismayed and depressed, ma’am considering the
amount involved is relatively big. We have hardly earned it, and
if it will be lost, It will greatly affect our livelihood. It was also
becoming a reason why I was not able to meet some of my
personal obligations since I spend a considerable amount of time
thinking of alternative courses in order to lessen the burden of
the loss.
15. Q: If your emotional suffering would be quantified in terms of

money, how much do you think will it be?
A: I will just leave the quantification to the Honorable Court,
ma’am.
16. Q: What else did you do if any when he failed to pay despite
your demands?
A: I consulted a lawyer, who sent him a demand letters ma’am.
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17. Q: I will be showing you a Demand Letters attached to your
complaint, are these the demand letters?
A: Yes, those are the Demand Letters ma’am.
18. Q: What happened after the Demand Letter was sent to him?
A: He still did not pay ma’am.
19. Q: What did you do next?

A: I referred the case to the Katarungang Pambarangay ma’am.
20. Q: What happened when you referred the case to the

Katarungang Pambarangay?
A: They set dates for us to have a hearing sir and sent
subpoenas, but despite having received the subpoenas, Mr.
Macalino still failed to appear before the Katarungang
Pambarangay.
21. Q: What happened after that?

A: The Barangay Chairman then issued a Certificate to File Action
ma’am.
22. Q: I will be showing you a Certificate to File Action attached to

your complaint, is this the Certificate you are referring to?
A: Yes ma’am that is the Certificate to File Action I was referring
to.
23. Q: What did you do next?

A: I caused the preparation of a complaint against him ma’am.
24. Q: With me is a copy of a complaint for collection of sum of

money against Benjie Macalino, was this the complaint you said
you have caused to be prepared?
A: That is the complaint ma’am.
25. Q: Under you present oath, do you confirm and affirm the
truthfulness of your allegations in your complaint?
A: I do, ma’am, and I am adopting my complaint as part of my
testimony in Court.
26. Q: You said earlier that you engaged the services of a lawyer to
file and prosecute a case against Benjie Macalino, how much did
you agree for her services?
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A: I paid Php50,000.00 for her acceptance pay and Php2,000.00
for appearance fee, ma’am.
27. Q: What is now your prayer to the Honorable Court?

A: I pray for the Honorable Court to direct Mr. Benjie Macalino to
pay his remaining obligations to me ma’am, including interest
and other damages that I suffered, and for him to reimburse my
expenses in filing and prosecuting my complaint against him.
I affirm and confirm the truthfulness of the foregoing statements.
IN WITNESS THEREOF, I have hereunder affixed my signature this

th
18 day of May, 2022 at Urdaneta City, Pangasinan.
LYSELLE MARIE S. RAMBAC

Affiant
SUBSCRIBED AND SWORN to before me, a notary public for and

within the Jurisdiction of RTC-Urdaneta City, Pangasinan, this 18 th day of
May, 2022.

MCLE COC No. VI-008408, 6/20/21
Doc. No. 002;

Page No. 001;
Book I;
Series of 2022.
ATTESTATION
I, JENIFER F. DE LUNA-NAVALEZ, a duly commissioned notary

public and under my oath as a lawyer, hereby certify that I have conducted
the taking of the foregoing judicial affidavit of Mrs. Lyselle Marie Rambac;
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that I faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that she gave; and that neither I nor any
other person then present or assisting her coached her regarding her
answers.
18th day of May, 2022, Urdaneta City, Pangasinan.
JENIFER F. DE LUNA-NAVALEZ
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Annex “A”
Rambac Hardware
Brgy. Nancayasan, Urdaneta City, Pangasinan
Lyselle Marie Rambac
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
DELIVERY RECEIPT
Date:
Delivered to: Benjie Macalino
Terms:
Address:
QTY UNIT ITEM DESCRIPTION PRICE
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
200 Pcs 2x3x8 coco lumber 200x125=25,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
5,000 Pcs Hollowblocks 60,000
20 bundle GI Wire 20x90=1800
TOTAL 277,100
Received the above goods in good order & condition.
_____________________________
Cashier/Authorized Representative
Receipt No: 1057
Annex “A-2”
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Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1062
Annex “A-3”
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Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1071
Annex “A-4”
Rambac Hardware
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Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1082
Annex “A-5”
Rambac Hardware
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Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1093
Annex “A-6”
Rambac Hardware
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Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1096
Annex “A-7”
Rambac Hardware
Sole Proprietor
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Non. Vat Reg. TIN.: 909-794-000
DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1082
Annex “A-8”
Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
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DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1103
Annex “A-9”
Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
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DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1112
Annex “A-10”
Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
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DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1126
Annex “A-11”
Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
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DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1130
Annex “A-12”
Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
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DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1133
Annex “A-13”
Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
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DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1141
Annex “A-14”
Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
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DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1155
Annex “A-15”
Rambac Hardware
Sole Proprietor
Non. Vat Reg. TIN.: 909-794-000
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DELIVERY RECEIPT
Date:
Terms:
Address:
100 Pcs 20 mm 365x100=36,500
50 Pcs 16 mm 50X320=16,000
80 Pcs 10 mm 80X285=22,800
60 Pcs 12 mm 60x300=18,000
20 Pcs TW ¾ 20x425=8,500
300 bags Cement 300x295=88,500
TOTAL 277,100
_____________________________
Receipt No: 1166
Annex “B”
RECEIPT
No.: Date:
Received from: Benje Macalino
The sum of: Two Hundred Thousand Pesos (Php200,000.00)
as payment for: partial payment
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________________________ __________________________
(Total amount paid) (Signature of Payee)
Annex “B-1”
RECEIPT
No.: Date:
________________________ __________________________
Annex “B-2”
RECEIPT
No.: Date:
________________________ __________________________
Annex “B-3”
RECEIPT
No.: Date:
________________________ __________________________
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Annex “B-4”
RECEIPT
No.: Date:
________________________ __________________________
Annex “B-5”
RECEIPT
No.: Date:
________________________ __________________________
Annex “C”
DE LUNA-NAVALEZ LAW OFFICE

Room 3, 4th Floor, Flordeliza Bldg.,
Office Tel. No. 576-4423
03 November 2020
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Mr. BENJIE MACALINO
Owner-Optional Builders
Brgy. Nancamaliran, Urdaneta City,
Pangasinan
FINAL DEMAND LETTER
Sir:
Ms. Lyselle Mari S. Rambac of Rambac Hardware located in Brgy.

Nancayasan, Urdaneta City, Pangasinan has referred to me your unpaid
obligation to her in the total principal sum of Three Million Four
Hundred Twenty-one Thousand Four Hundred Twenty-Three
Pesos (Php3,421,423.00).
A final demand is hereby being made for you to settle your said
obligation within five (5) days from your receipt of this letter.
Feel free to contact the undersigned within said period if you intend
to negotiate your demanded obligation.
I am hoping that you will give preferential attention to this matter in

order for you to avoid the expenses, troubles and inconveniences that
consequent Court litigation may bring.
Thank you.
Respectfully,
ATTY. JENIFER F. DE LUNA-NAVALEZ

Annex “C”
(FRONT)
PHILIPPINE POSTAL CORPORATION

Registry Return Receipt
Penalty for official use to avoid payment of postage
is fine of P300 or six months imprisonment
Name of Sender: Atty. JENIFER F. DE LUNA-NAVALEZ

House/Office Address: Room 3, 4th Floor, Flordeliza Bldg., Brgy.
Nancayasan, Urdaneta City, Pangasinan,Office Tel. No. 576-4423
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SENDER OF REGISTERED ARTICLE MAY USE THIS SPACE FOR THE PRIVATE
FILING GUIDE
FILE CASE NO.______________
(BACK)
REGISTRY RETURN RECEIPT
Received from the postmaster:

Registered Letter No. 0022135
Addressed to: Mr. Benjie Macalino/Optional Builders
____________________________________
(Signature of Addressee Over Printed Name)
____________________________________
(Signature of Addressee’s Agent Over Printed Name)
The Sender shall completely and legibly fill out the sender’s information (front side of
this RRR) and Registry No. and addressee’s name at the back.
A registered article must be delivered under receipt to (under signature by) the
addressee or to his/her authorized representative, except for Restricted Registered Mail
which should be delivered to The Delivery Office shall postmark this RRR and mail back
to the Postmaster of the post office of mailing via Ordinary Mail.
Annex “D”

City of Urdaneta
Barangay Nancayasan
OFFICE OF THE LUPONG TAGAPAMAYAPA
Lyselle Marie S. Rambac, Barangay Case No. 21-01

Complainant, For: Collection of Sum of
Money
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-against-
Benjamin Macalino,
Respondent.
X---------------------------X
CERTIFICATE TO FILE ACTION
This is to Certify that:
1. There has been no personal confrontation between the parties before

the Punong Barangay due to respondents absence despite notice.
2. The Pangkat Tagapagkasundo was constituted but there has been no
personal confrontation before the Pangkat, likewise;
3. This certification is issued to the complainant for whatever legal
purpose it may serve him/her.
DONE this 20th day of January 2022.
(SIGNED) JOHN CLAUDE DELA CERNA

Brgy. Captain

BRANCH 46

Money
-versus-
32 | P a g e
Defendant.
X-----------------------------------------X
ANSWER WITH COUNTERCLAIMS
COMES NOW defendant, by and through the undersigned counsel, and unto
this Honorable Court, most respectfully alleges that:
ADMISSIONS AND DENIALS
1. The allegations in pragraphs 1, 2, 3 and 4 which pertains to the personal

circumstances of the parties are ADMITTED;
2. The allegations in paragraphs 5 are DENIED for being baseless and the
truth of the matter being those indicated under the special and affirmative
defenses;
3. The allegations in paragraph 6 are ADMITTED;
4. The allegations in paragraphs 7 are DENIED for being baseless and the
truth of the matter being those indicated under the special and affirmative
defenses;
5. The allegations in paragraphs 8, 9, 10 and 11 are DENIED because the

defendant has no knowledge or information sufficient to form a belief as to
the truth of the allegations;
STATEMENT OF FACTS
The defendant re-pleads the foregoing allegations and further alleges that:
6. Defendant engages in construction business;
7. Sometime in 2019, defendant purchased several construction materials from

Rambac Hardware operated and owned by Lyselle Marie S. Rambac;
8. Initially, defendant was paying on cash basis until he was allowed to

purchase items on credit basis;
9. Contrary to the claim of plaintiff, defendant has paid all his obligations, as
evidenced by Annexes “A and Series” of the Complaint;
33 | P a g e
10. The attached delivery receipts in the complaint allegedly claimed to be
unpaid, were not ordered by defendant. IN fact, nothing in the attached
receipts were signed by the defendant, whose signature is evidenced by
hereto attached Driver’s License and Taxpayer’s Identification Card
marked as Annexes “1” and “2” respectively;
COUNTERCLAIM
11. By reason of this unfounded lawsuit, defendant was constrained to engage

the services of the undersigned counsel for an agreed amount of
Php50,000.00 as acceptance fee and an appearance fee of Php3,500.00 per
hearing. Likewise, defendant has suffered wounded feelings, sleepless
nights, anxiety, and besmirched reputation which when quantified in
monetary terms is in the amount of Php50,000.00.
WITNESS AND NATURE OF TESTIMONY
Defendant will testify to prove the allegations in his Answer, specifically

that: (1) plaintiff has no cause of action against him; (2) he paid all his obligations
to the plaintiff; (3) he did not order the construction materials alleged in the
complaint as unpaid; (4) the damages he suffered in filing this complaint; and (5)
other matters related to this case.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that after due notice
and hearing, judgment be rendered by:
1) Ordering the plaintiff to pay the defendant the following:

(a) The amount of Php50,000.00 as Moral damages;
(b) The amount of Php50,000.00 as attorney’s fees and the appearance fee of
Php3,500.00 per hearing; and
(c) Cost of the suit.
Other reliefs, just and equitable, are likewise prayed for.
Urdaneta City, Pangasinan June 1, 2022.
34 | P a g e
Atty. MARIO L. NAVALEZ JR.
Counsel for the Defendant
PTR No. 8079283-01/06/21
IBP No. 1830-01/08/2021
Roll of Attorneys No. 84479
MCLE Governing Board Orde No. 1,
S. 2008, July 6, 2008
Email address: xymonnavalez@gmail.com
Copy furnished:
Atty. Jenifer F. De Luna-Navalez

Counsel for the Plaintiff
Room 3, 4th Floor, Flordeliza Bldg.,

BRANCH 46

Money
-versus-

Defendant.
X-----------------------------------------X
JUDICIAL AFFIDAVIT
35 | P a g e
I, Benjie Macalino, of legal age, Filipino, and a resident of Brgy. Nacamaliran, Urdaneta
City, Pangasinan, hereby depose and say that I am executing this Judicial Affidavit at the office
of Atty. Mario L. Navalez, Jr. located at 2/F, St. Francis Bldg., McArthur H/way, Urdaneta City,
Pangasinan, who supervised this examination I am giving and I am answering the questions
propounded to me by said counsel fully conscious that I do thus under oat and that I may face
criminal liability for false testimony or perjury.
PURPOSE: Witness will testify to prove the allegations in the Answer, specifically that:
(1) plaintiff has no cause of action against him; (2) he paid all his obligations to the plaintiff; (3)
he did not order the construction materials alleged in the complaint as unpaid; (4) the damages he
suffered in filing this complaint; and (5) other matters related to this case.
1. QUESTION:
Atty. Navalez: Are you the same Benjie Macalino, the defendant in this case?
ANSWER:
B. Macalino: Yes, sir.
2. Q: Do you know the defendant in this case?

A: Yes, ma’am.
3. Q: How do you came to know her?

A: I met her when I bought construction materials from Rambac Hardware.
4. Q: Is Rambac Hardware owned by plaintiff?

A: Yes, sir.
5. Q: Plaintiff is claiming that you have unpaid obligation to Rambac Hardware totaling to
Three Million Four Hundred Twenty-one Thousand Four Hundred Twenty-Three
Pesos (Php3,421,423.00), what can you say about this?
A: Her claim is not true, sir. I already paid all my obligations to Rambac Hardware. The
delivery receipts attached in the complaint of the plaintiff are fabricated. Neither of the
delivery receipts attached was signed by me, sir.
6. Q: Do you have proof that you did not sign the delivery receipts?
A: Yes, sir. I have here my TIN Identification Card and Driver’s License indicating
therein my authentic signature, sir.
Atty. Navalez: May I pray that these TIN Identification Card and Driver’s License be
marked as Exhibits “1” and “1-A”, respectively.
7. Q: As the defendant in this case, what did you feel after being impleaded by the plaintiff?
A: I was deeply saddened, sir. I have already paid all my obligations to Rambac
Hardware and yet plaintiff is still collecting from me. I suffered sleepless nights and
besmirched reputation. For these sufferings caused by this case, I should be awarded
moral damages of not less than Php50,000.00, ma’am.
8. Q: What else did you did you incur, if any?

A: To defend myself and represent me in court, I engaged the services of Atty. Navalez
for an acceptance fee of Php50,000.00 plus an appearance fee of Php3,500.00 per hearing
sir.
9. Q: Do you have anything else to add?

A: That would be all sir.
36 | P a g e
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of June, 2022 at
Urdaneta City, Pangasinan.
SUBSCRIBE AND SWORN to before me on the date and in the place first above
written. Affaint exhibiting to me his TIN Identification Card.

PTR No. 8079283-01/06/21
IBP No. 1830-01/08/2021
S. 2008, July 6, 2008
Doc No. 300;

Page No. 63;
Book No. X;
Series of 2022.
ATTESTATION
I, ATTY. MARIO L. NAVALEZ, JR., of legal age, Filipino, married, and with office
address at 2/F, St. Francis Bldg., McArthur H/way, Urdaneta City, Pangasinan, after having
sworn to in accordance with law, do hereby depose and state that:
1. I personally conducted and supervised the examination of the witness BENJIE

MACALINO in my office at 2/F, St. Francis Bldg., McArthur H/way, Urdaneta City,
Pangasinan;
2. I faithfully recorded or caused to be recorded the questions asked and the

corresponding answers that the witness gave;
3. Neither the undersigned affiant not any other person then present or assisting coached
the witness regarding the latter’s answers;
4. The answers given by the witness is from on his own personal knowledge and/or
based on authentic records;
5. Finally, I execute this affidavit to attest the truth of the foregoing statements and not
to defraud any person, government agency or institution and for all legal intents and
purposes.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 1st day od June,
2022, at Urdaneta City, Pangasinan.

PTR No. 8079283-01/06/21
37 | P a g e
SUBSCRIBED AND SWORN to before me this June 1, 2022 at Urdaneta City,

Pangasinan.
Atty. JUAN DELA CRUZ

PTR No. 9089293-01/06/21
IBP No. 1830-01/08/2021
S. 2008, July 6, 2008
Doc. No. 364;

Page No. 71;
Book No. X;
Series of 2022.
EXHIBIT “1”
EXHIBIT “1-A”
38 | P a g e
BRANCH 46

Money
-versus-

Defendant.
X--------------------X
PRE-TRIAL BRIEF
The Plaintiff, through counsel, respectfully submits her herein Pre-Trial Brief.
WILLINGNESS TO ENTER INTO AGREEMENTS:

39 | P a g e
The plaintiff is open to reasonable proposals of settlement on matters not
otherwise prohibited by law.
SUMMARY OF ADMITTED FACTS AND PROPOSED FACTS FOR STIPULATIONS:
1. Identities of the parties;
2. Plaintiff is the owner and manager of Rambac Hardware, situated and

operating at Brgy. Nancayasan, Urdaneta City, Pangasinan;
3. Defendant took from plaintiff construction materials for his construction

projects in various towns in Pangasinan on credit, reaching the total amount
of Four Million Six Hundred Twenty-one Thousand Four Hundred Twenty-
Three Pesos (Php4,621,423.00);
4. Defendant has paid partial payments totaling to One Million Two Hundred
Thousand Pesos (Php1,200,000.00);
5. Defendant defaulted from paying his remaining obligation in the total amount
of Three Million Four Hundred Twenty-one Thousand Four Hundred Twenty-
Three Pesos (Php3,421,423.00);
DOCUMENTS TO BE PRESENTED AND MARKED
1. Receipts covering the construction materials taken on credit by the defendant

from the plaintiff (Exhibits “A and series”);
2. Receipts covering the partial payments of the defendant (Exhibits “B and

series”);
3. Demand Letter and the corresponding registry evidencing the defendant’s receipt
of the same (Exhibit “C”);
4. Certificate to File Action issued by Brgy. Nancayasan, Urdaneta City, Pangasinan

(Exhibit “D”);
Purpose: To prove the obligation of the defendant to the Plaintiff.

5. Official Receipts of the attorney’s fees paid by the Plaintiff to her counsel
(reserved as Exhibit “E and series”);
Purpose: To show the attorney’s fees paid by Plaintiff.
6. Official Receipts of the fees paid by the Plaintiff in filing this case (reserved as
Exhibit “F and series”)
Purpose: To show the filing fees paid by Plaintiff.
The Plaintiff reserves the presentation and marking of her other documentary
evidence during the trial proper, including the affidavits of her witnesses.
40 | P a g e
AVAILMENT OF OTHER MODES OF DISCOVERIES:
The Plaintiff reserves her right to avail other modes of discoveries, the same to
be announced in advance during the trial proper.
ISSUES:
1. Whether the defendant owes and has to pay to the plaintiff the amount of
Three Million Four Hundred Twenty-one Thousand Four Hundred Twenty-
Three Pesos (Php3,421,423.00); and
2. Damages.
WITNESSES:
1. The Plaintiff – She will testify to prove her allegations in her complaint, and o
Identify and affirm her documentary exhibits.
2. Others (store helpers), who are reserved and to be announced in advance

before their presentation.
Each witness needs about half an hour to testify.
APPLICABLE LAWS AND JURISPRUDENCE
Pertinent laws and provisions on obligations and contract.
Respectfully submitted.
Urdaneta City, Pangasinan, July 15, 2022.

MCLE COC No. VI-008408, 6/20/21
The Hon. Branch Clerk of Court

RTC Branch 46, Urdaneta City, Pangasinan
41 | P a g e
Madam:
Greetings!
Please promptly submit the foregoing Brief for the kind consideration of the
Honorable Court.
Thank you.
Copy furnished:


BRANCH 46

Money
-versus-

Defendant.
X------------------------X
PRE-TRIAL BRIEF FOR THE DEFENDANT
42 | P a g e
COMES NOW defendant, through counsel and unto this Honorable Court, most
respectfully submits this pre-trial brief, to wit:
A. A CONCISE STATEMENT OF THE CASE AND THE RELIEF PRAYED FOR
This is a case for Collection of Sum of Money filled by plaintiff against defendant.
Plaintiff alleged in her complaint that she is the manager and owner of Rambac
Hardware, situated in Brgy. Nancayasan, Urdaneta City, Pangasinan. Sometime in
2019, defendant went to Rambac Hardware and bought construction materials on
cash basis. Defendant later talked to the plaintiff and introduced himself as a
contractor with construction projects in various towns in Pangasinan and then
proposed to plaintiff of he could accommodated to purchase construction supplies
on credit.
Defendant in his Answer with Counterclaims refuted all the allegations of plaintiff
against him. Defedant is engage in construction business. Sometime in 2019, he
purchased several construction materials from Rambac Harware, owned and
operated by Lyselles Marie Rambac. Initially, defendant was paying on a cash basis
until he was allowed to purchase items on credit terms.
Contrary to the claim of plaintiff, defendant had paid all his oblgations, as
evidence by Annexes B and series if the Complaint. The attached delivery receipts in
the complaint allegedly claimed to be unpaid, were not ordered by defendant. In
fact, nothing in the attached receipts were signed by the defendant.
The instant case should be dismissed for lack of cause of action.
Defendant prays to the Honorable Court that plaintiff be ordered to pay

defendant the amount of Php50,000.00 as moral damages, and Php50,000.00 as
attorney’s fees and appearance fee of Php3,500.00 per hearing.
B. ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS
1. Plaintiff has no cause of action against the defendant;

2. Defendant has paid all his obligations to the plaintiff;
3. Defendant did not order the construction materials now being claimed to be
unpaid.
C. MAIN AND FACTUAL ISSUE
1. WHETHER OR NOT THE PLAINTIFF HAS NO CAUSE OF ACTION AGAINST THE

DEFEDANT;
2. WHETHER OR NOT DEFENDANT HAS PAID ALL HIS OBLIGATIONS WITH THE
PLAINTIFF;
3. WHETHER PLAINTIFF IS ENTITLED TO DAMAGES.
43 | P a g e
D. THE PROPRIETY OF REFERRAL OF FACTUAL ISSUES TO
COMMISSIONERS
The defendant is willing that the matter be referred to Commissioner.
E. DOCUMENTS OR OBJECT EVIDENCE TO BE MARKED
1. Tax Identification Card and Driver’s License – (Exhibit “1” and “1-A”) to prove
the identification and signature of the defendant.
2. Others are reserved.
F. WITNESSES
1. Defendant who will testify and to defend his answer of the complaint.
2. Others are reserved.
G. APPLICABLE LAWS, RULES AND JURISPRUDENCE
1. Article 1231 – Extinguishment of obligation by payment.
Urdaneta City, Pangasinan, July 10, 2022.

PTR No. 8079283-01/06/21
IBP No. 1830-01/08/2021
S. 2008, July 6, 2008
Copy furnished:

Counsel for the Plaintiff
Urdaneta City, Pangasinan By registered mail with return card
44 | P a g e
45 | P a g e

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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

LYSELLE MARIE S. RAMBAC, CIVIL CASE NO. T-0001

BENJIE “OPTIONAL” MACALINO,

Plaintiff by counsel, respectfully states that:

1. Plaintiff is of legal age, single, Filipino, and resident of Brgy.

2. Defendant is also of legal age, married, Filipino and resident of

3. Plaintiff is the registered owner of Rambac Hardware situated and

4. Defendant is engaged in construction business using the business

5. Sometime in December 2019, defendant went to Rambac

6. The defendant has paid partial payments in the amount of One

7. Defendant defaulted from paying his remaining obligation in the

9. In view of the willful failure of the defendants to pay his remaining

a. She is the manager and owner of Rambac Hardware

b. The defendant has been engaged in the construction

c. The defendant took from the plaintiff construction materials

d. Defendant has only paid plaintiff a total of One Million

e. The unjust refusal of the defendant to pay his obligation to

a) Declaring the defendant liable to the plaintiff;

b) Ordering the defendant to pay to the plaintiff his unpaid

c) Ordering the defendant to pay the plaintiff the prayed damages,

Urdaneta City, Pangasinan, this 18th day of May, 2022.

Atty. JENIFER F. DE LUNA-NAVALEZ

I, LYSELLE MARIE S. RAMBAC, of legal age, single, Filipino, and

1. I am the plaintiff in this case;

2. I have caused the preparation of the foregoing complaint, the

a) The allegations therein are all true and correct, based on my

b) The complaint is not filed to harass, cause unnecessary delay,

c) The factual allegations therein have evidentiary support or, if

3. I hereby certify that: a)I have not therefore commenced any

IN WITNESS WHEREOF, I have hereunder affixed my signature

LYSELLE MARIE S. RAMBAC

Atty. JENIFER F. DE LUNA-NAVALEZ

Doc No. 001;

LYSELLE MARIE S. RAMBAC, CIVIL CASE NO. T-0001

BENJIE “OPTIONAL” MACALINO,

I, LYSELLE MARIE S. RAMBAC, of legal age, single, Filipino, and

For the purpose taking my intended judicial affidavit relative to my

I hereby certify that I have answered all the questions asked of me

Hereunder are the true citation of the questions asked of me and my

2. Q: Why are you here in the office today?

4. Q: What is the name of your store?

5. Q:Do you have any proof to support the same?

6. Q: How long was your store operating?

7. Q: How was he able to purchase construction materials from you

8. Q: What are your proofs of his said purchases on credit?

10. Q: What happened to his payables to you?

11. Q: What are your proofs of his partial payments?

12. Q: What happened to his remaining balance?

13. Q: What did you do when he no longer pay his balance?

15. Q: If your emotional suffering would be quantified in terms of

19. Q: What did you do next?

20. Q: What happened when you referred the case to the

21. Q: What happened after that?

22. Q: I will be showing you a Certificate to File Action attached to

23. Q: What did you do next?

24. Q: With me is a copy of a complaint for collection of sum of

27. Q: What is now your prayer to the Honorable Court?

I affirm and confirm the truthfulness of the foregoing statements.

IN WITNESS THEREOF, I have hereunder affixed my signature this

LYSELLE MARIE S. RAMBAC

SUBSCRIBED AND SWORN to before me, a notary public for and

Atty. JENIFER F. DE LUNA-NAVALEZ