Form 8-SCC

(Small Claims)

Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES
Ninth Judicial Region
Branch 1
Dipolog City

NORKIS FINANCIAL CORP. (NFC,

Rep by: Gemma I. Fulgarinas
Plaintiff,

vs. Civil Case No. A-2645

For: COLLECTION OF SUM
OF MONEY

JAPETH M. GAHUM,
Defendant.
x---------------------------------------x

DECISION ON SMALL CLAIMS

The parties respectfully allege that:

1. The small claims action filed in this case is for money owed
under:
[ ] Contract of Lease
[ ] Contract of Services
[ ] Enforcement of a Barangay Amicable Settlement
[✓]Contract of Loan/other credit accommodations
[ ] Contract of Sale of Personal Property

2. In the Statement of Claims, Plaintiff/s claim/s the

defendant/s owe/s him the principal amount of ₱ 21,488.00 with
interest rate of 6% per annum from the time of final Demand plus:
3.
Promissory note ₱ 44,290.00
In
Less Total payments ₱ 24,018.00
Balance ₱ 20,272.00
Penalty charges ₱ 1,216.32
Total Outstanding Balance ₱ 21,488.32

Plus filing fee and notarial

the Response submitted, Defendant/s interposed the following defense:

[ ] Defendant/s do/es not owe Plaintiff/s any money.

[ ] Defendant/s owe/s Plaintiff/s only a portion of the
amount
claimed.
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Form 8-SCC
(Small Claims)

[ ] Defendant/s already paid the principal amount claimed

and
the interests charged to the loan is excessive.
[ ] It is the Plaintiff/s who owes the Defendant/s money.
[ ] Defendant/s admits owing money to the Plaintiff/s but
has/have no financial capacity to pay at the moment.
[ ] Defendant denies the loan obtained and raises the defense
of forgery.
[ ] Defendant is a mere co-maker of the loan and has the
benefit of excussion.
[✓] Others
Defendant(Japeth M. Gahum) did not file his response.

On September 20, 2022, the plaintiff’s representative and the

defendant are present:

[✓] personally appeared during the hearing

[ ] appeared through a specially authorized representative.

Attempts for alternative dispute resolution failed. The court thus

proceeded with the hearing of the case which was terminated on
_________.

4. In establishing the small claim, Plaintiff/s presented the

following documentary evidence:

[ ] Signed deed or agreement captioned as

___________________
and marked as Exhibit/s
_________________________________
[ ] Promissory Note marked as Exhibit/s B
[ ] Receipts marked as Exhibit/s
____________________________
[ ] Bank deposit slips marked as Exhibit/s
___________________
[ ] Check/s marked as Exhibit/s
____________________________
[ ] Latest Demand Letter marked as Exhibit F
[ ] Barangay Amicable Settlement marked as Exhibit
_________
[✓]Others:
a. Judicial Affidavit of Gemma I Fulgarinas;

b. Secretary’s Certificate authorizing Gemma I

Fulgarinas to present in behalf of Norkis Financial
Corp. marked as Exhibit A;

c. Norkis Financial Corporation Disclosure Statement on

Loan Credit Transaction marked as Exhibit C;

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Form 8-SCC
(Small Claims)

d. Statement of Account marked as Exhibit D;

e. Billing Statement marked as Exhibit E;

f. Final Demand Letter addressed to defendant Japeth M.

Gahum marked as Exhibit F;

g. Registry Return Receipt marked as Exhibit G and;

h. Sketch of defendant’s residence Exhibit H.

5. Plaintiff/s likewise submitted the affidavits of the following

witnesses who alleged, in summary, as follows:
Name of Witness Gist of Testimony
Not applicable

6. In defense, Defendant/s submitted the following

documentary evidence:
[ ] Signed deed or agreement captioned as
____________________
and marked as Exhibit/s
_________________________________
[ ] Promissory Note marked as Exhibit/s
_____________________
[ ] Receipts marked as Exhibit/s
____________________________
[ ] Bank deposit slips marked as Exhibit/s
___________________
[ ] Check/s marked as Exhibit/s
____________________________
[ ] Barangay Amicable Settlement marked as Exhibit
_________
[ ] Others: ___________ marked as Exhibit/s
__________________
Defendant did not file his answer

7. Defendant/s likewise submitted the affidavits of the

following witnesses who alleged, in summary, as follows:

Name of Witness Gist of Testimony

Not applicable

8. In the same action, Defendant/s raised the following

compulsory counterclaim:

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Form 8-SCC
(Small Claims)

[ ] They are mutual creditors and debtors.

[ ] Defendant has commission/s due from the Plaintiff.
[ ] It is the Plaintiff/s who owe/s him money.
[ ] Others.

9. With the same having been submitted for judgment, this

court finds:
[ ] The claim of the Plaintiff/s is meritorious.
[ ] The compulsory counterclaim of the Defendant is
meritorious.

This is an action for collection instituted by plaintiff against the

defendant.

On the scheduled hearing of the case, the plaintiff’s representative

and the defendant were present. The Court allowed them to bargain and
negotiate for an early resolution of the case in a conference called for the
purpose. After a brief conference, they have agreed to settle amicably.
They executed a compromise agreement on even date containing the
following terms and conditions:

“The Defendant, JAPETH M. GAHUM, promises to pay the Plaintiff

the amount of PhP 23,910.00 payable in monthly installments for a
period of 12 months in the amount of PhP 1,992.50 per month starting
October, 2022 until the same shall be fully paid on or before September,
2023.
Defendant’s failure to pay two (2) consecutive monthly installments
shall make the balance due and demandable.
The Plaintiff is under obligation to issue an acknowledgment receipt
every after payment made by the Defendant.
The parties have further agreed to exclude the co-borrower/s
appearing in the promissory note of this obligation.”

Finding the agreement to be in accord to law and jurisprudence,

the Court resolves to approve the same. Let the Decision of this case be
rendered in accordance therewith. The parties are hereby ordered to
faithfully comply with the terms and conditions of the agreement.

SO ORDERED.

Dipolog City, Philippines, 20th day of September, 2022.

HON. CHAD MARTIN PALER

Presiding Judge

Copy furnished:
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Form 8-SCC
(Small Claims)

MTCC, OCC –

NORKIS FINANCIAL CORP –

JAPETH M. GAHUM -

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