REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
SAMPALOC, MANILA
Branch____

CONRAD PASCUAL,
Plaintiff,

-versus- CIVIL CASE NO._____________

For: Collection of Sum of Money
and Damages

CHRISTOPHER PASCUAL,
Defendant.
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COMPLAINT

PLAINTIFF, by counsel, respectfully state:

I. PARTIES

1. Plaintiff, CONRAD PASCUAL, is of legal age, Filipino

citizen and a resident of 111 Libertad St., Sampaloc, Manila.

2. Defendant CHRISTOPHER PASCUAL, is of legal age,

Filipino citizen and a resident of 222 Juan Luna Street, Tondo, Manila
where he may be served with summons and other legal processes of
the Honorable Court. Defendant, at all times material to this
complaint, is the brother of Plaintiff.

3. Note: condition precedent;

II. ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

4. On 3 January 3, 2016, Defendant obtained a loan from

the Plaintiff, for purposes of raising sufficient capital for the former’s
most recent business venture.

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5. Thereafter, by reason of their consanguinity, Plaintiff

loaned to Defendant the amount of One Million Pesos
(P1,000,000.00).

6. On the even date, Defendant executed a Promissory Note

in favor of the Plaintiff, in the amount of One Million Pesos
(P1,000,000.00), plus 12% interest per annum, to be payable within
one (1) year from date of note until the amount shall be fully paid.

A photocopy of the Promissory Note is hereto attached and

made an integral part hereof as Annex “A”.

III. CAUSES OF ACTION

7. Defendant failed to comply with his undertaking as

stipulated in the Promissory Note by defaulting in payment upon the
maturity of the note, and by failing to pay his total obligation to the
Plaintiff in the amount of One Million One Hundred Twenty Thousand
Pesos (P1,120,000.00), plus interest, as of 4 January 2017.

A photocopy of the Demand Letter dated 4 January 2017 is

hereto attached and made an integral part hereof as Annex “B”, and
the proof of service as Annex “C”.

8. The Statement of Account as of 4 January 2017,

appended to the demand letter in the amount of One Million One
Hundred Twenty Thousand Pesos (P1,120,000.00), inclusive of
interest of 12% per annum from the date of default, is the basis of the
computation of the amount in the demand letter.

A photocopy of which is hereto attached and made an integral

part hereof as Annex “D”.

9. Defendant clearly acted in a wanton, fraudulent

oppressive and malevolent manner in failing and refusing to pay,
without just and legal cause Plaintiff’s plainly just, valid and
demandable claim.

10. By way of example or correction for the public good, and

as a deterrent against Defendant and others from reneging or unduly
delaying payment of similar claims, Defendant should be ordered to
pay Plaintiff exemplary damages in the amount of at least Fifty
Thousand Pesos (P50,000.00).

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11. Feeling aggrieved and without any other recourse to

collect the said total amount of One Million Pesos (P1,000,000.00),
with 12 per cent interest per annum from 3 January 2016, and due to
Defendant’s unlawful and unjustifiable failure to settle his obligation
despite repeated demands, Plaintiff filed this Complaint.

12. As a consequence of Defendants’ unlawful and

unjustifiable failure and refusal to comply with Plaintiff’s just, valid and
demandable claim, Plaintiff was compelled to institute the suit, to
engage the services of undersigned counsel at an agreed fee of
Seventy Five Thousand Pesos (P75,000.00) and appearance fee of
Three Thousand Pesos (P3,000.00) per hearing, and to incur other
expenses of litigation and costs of suit.

PRAYER

WHEREFORE, it is respectfully prayed of the Honorable Court

that after due trial, judgment be rendered in favor of plaintiff and
against defendants ordering him to pay as follows:

1. The sum of One Million One Hundred Twenty

Thousand Pesos (P1,120,000.00), representing his
outstanding obligation;

2. The sum of Fifty Thousand Pesos

(P50,000.00), as and for exemplary of corrective
damages;

3. The sum of Seventy Five Thousand Pesos

(P75,000.00) as attorney’s fees, plus Three Thousand
Pesos (P3,000.00) as appearance fee for every hearing
attended on plaintiff’s behalf; and

4. To pay the costs of suit.

The Plaintiff further prays for other reliefs and remedies as this
Honorable Court may deem just and equitable under the premises.

Angeles City, for Sampaloc, Manila, 24 January 2017.

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XXX
LAW OFFICES
Counsel for the Complainant
GF, Angeles Business Center,
Nepo Mart, Angeles City;
Tel No. 887-1577/885-2713
PLDT No.; 436-1761
Email: xxx

By:

CZARINA MAY E. BANTAY

Roll of Attorneys No. xxx
IBP Lifetime Member No. xxx
PTR No. ACXXXX/1-05-2017/AC
Admitted to the Bar on xxxx

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VERIFICATION AND CERTIFICATION

I, CONRAD PASCUAL, of legal age, Filipino citizen, married,

with office address at 111 Libertad St., Sampaloc, Manila, after
having been duly sworn to in accordance with law, hereby depose
and say, that:

1. I am the plaintiff in the above-entitled case;

2. I further certify that:

(a) I have not commenced any other action or proceeding

involving the same issues in any other tribunal;

(b) To the best of my knowledge no such action or proceeding

is pending in any tribunal; and

(c) Should I learn that a similar action or proceeding has been

filed or is pending in any other tribunal, I undertake to report
that fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 24 th

day of February 2017 in Angeles City, Philippines.

CONRAD PASCUAL
Affiant

SUBSCRIBED AND SWORN to before me this 24th day of

February 2017 in Angeles City, Philippines by affiant who has
satisfactorily proven to me his identity through his _______________
valid until _______________ and who is the same person who
signed before me the foregoing Verification and Certification and
acknowledged that he voluntarily executed the same.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2017.

NOTE: This sample Complaint is solely for compliance with the requirements for Legal Forms.