Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 5, Davao City

JEROME CRUZ
Plaintiff

-versus- CIVIL CASE NO. AC122341

For: Collection of a Sum of
Money with Damages
CAROL MAGBANUA

Defendant
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X

COMPLAINT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable

Court, respectfully alleges:

1. That Plaintiff is of legal age, Filipino, single, and a

resident of Villa Senorita Subdivision, Asian Highway 26, Talomo,
Davao City, Davao del Sur, Philippines;

2. That Defendant, Carol Magbanua, is likewise of legal

age, Filipino, single, and a resident of Amaya Ville Subdivision, R.
Castillo St, Agdao, Davao City, Davao del Sur, Philippines where
summons and court processes may be served;

3. That on October 10, 2018, the defendant is a borrower of

the plaintiff for a sum of money amounting to Three Million Pesos
(Php3,000,000.00) and in recognition of defendant’s obligation in
favor of the plaintiff, the defendant executed a Promissory Note
interest bearing at 12% per annum in favor of the plaintiff on
October 15, 2018, a copy of the promissory note is hereto attached
as Annex “A”;

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 4. That as shown in the attached promissory note, the
indebtedness of the defendant has become due and demandable one
year after its execution, no payment was made to the plaintiff;

5. That despite plaintiff’s repeated demands, defendants

failed to fulfill its obligation without just and valid grounds to the
continued damage and prejudice of plaintiff evidenced by the copies
of which are hereto attached as Annex “B”;

6. That defendant have, as of this date, defaulted in the

payment of an aggregate amount of Four Million Four Hundred
Forty Thousand Pesos (Php4,440,000.00);

7. That the plaintiff in order to enforce his rights and

interests, has sought the services of a legal counsel with attorney’s
fees amounting to One Hundred Thousand Pesos
(Php100,000.00) and an appearance fee of Five Thousand Pesos
(Php5,000.00) per hearing;

8. That the plaintiff has paid for litigation expenses

amounting already to One Hundred Fifty Thousand Pesos
(Php150,000.00)

9. That by reason of defendant’s unjustified acts as well as

bad faith and intentional refusal to pay his overdue obligation and for
the defendant’s violation and disregard of plaintiff’s rights, plaintiff is
entitled to the award of moral damages and exemplary damages in
the amount of Two Hundred Thousand Pesos (Php200,000.00)
respectively.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed of this Honorable Court that, after due hearing,
judgment be rendered against the defendant ordering the latter to
pay the plaintiff as follows:

1. The amount of THREE MILLION PESOS

(Php3,000,000.00) representing the unpaid principal obligation as
evidenced by the Promissory Note duly executed dated October 15,
2018;

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 2. The amount of ONE MILLION FOUR HUNDRED
FORTY THOUSAND PESOS (Php1,440,000.00) representing the
interest of 12% per annum as evidenced also by the Promissory Note
duly executed dated October 15, 2018;

3. The amount of TWO HUNDRED THOUSAND PESOS

(Php200,000.00) by way of moral and exemplary damages;

4. Litigation Expenses amounting to ONE HUNDRED

FIFTY THOUSAND PESOS (Php150,000.00)

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

Davao City, December 5, 2022

ATTY. MARLOU G. DIAZ

Counsel for the Plaintiff
Diaz Law Office, Bajada Commercial Bldg., 8000, Davao City
Roll of Attorneys No. 612014
PTR NO. 738292, 02/14/12, Davao City
IBP No. 757589, 02/12/12, Davao City
MCLE Comp. No. VII-0000765, 02/10/12

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 VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING

I, Jerome Cruz of legal age, single and a resident of Villa Senorita

Subdivision, Asian Highway 26,Talomo, Davao City, Davao del Sur,
Philippines, after having been duly sworn to in accordance with law
hereby depose and say:

1. That I am the petitioner in the above-entitled civil case, and I

have caused the preparation of the foregoing complaint; I
have read and understood its content and the same are true
and correct of my own personal knowledge and based on
authentic records;

2. That I have not commenced any other case/action or

proceedings or any claim involving the same issues raised in
the above-captioned case, in this Honorable Supreme Court, in
the Court of Appeals, nor the different Divisions thereof, nor in
any other action or claim is pending therein;

3. That I hereby undertake to notify this Honorable Court of such

fact within five (5) days from receipt of such knowledge,
should I come to learn that the same or a similar action or
claim has been filed or pending in the Supreme Court, Court of
Appeals, the different Divisions thereof, or any other court or
tribunal or agency.

WITNESS WHEREOF, I hereunto set my hand this 5th day of

December, 2022 at Davao City, Davao del Sur, Philippines.

JEROME CRUZ
Plaintiff

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 SUBSCRIBED AND SWORN TO before me this 5th day of
December, 2022 at Davao City, affiant having exhibited to me his
Driver’s License with No. 121314 issued on 05-21-15 at Davao City.

ATTY. SHEV D. SY
Notary Public
Sy Law Office, Buhangin Commercial Bldg., 8000, Davao City
Roll of Attorneys No. 131712
PTR NO. 908712, 08/05/17, Davao City
IBP No. 345126, 08/03/17, Davao City
MCLE Comp. No. VII-0003214, 08/01/17

Doc. No.04;
Page No.10;
Book No.18;
Series of 2022

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 Republic of the Philippines
REGIONAL TRIAL COURT
11TH Judicial Region
Branch 5, Davao City

JEROME CRUZ
Plaintiff CIVIL CASE NO. AC122341
For: Collection of a Sum of
Money with Damages
-versus-

CAROL MAGBANUA
Defendant

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

JUDICIAL AFFIDAVIT OF JEROME CRUZ

I, JEROME CRUZ, 40 years old, single, residing at Villa

Senorita Subdivision, Asian Highway 26, Talomo, Davao City, Davao
del Sur, Philippines, after having been sworn to in accordance with
the law do hereby depose and state:

That Atty. Marilou G. Diaz is the counsel who conducted and

supervised my examination at her office at Diaz Law Office, Bajada
Commercial Bldg., 8000, Davao City, Philippines;

That I am answering the questions herein fully aware that I do

so under oath and that I may be criminally liable for false testimony
or perjury;

PURPOSE: This affidavit / testimony of plaintiff, JEROME CRUZ, is

offered to prove that the plaintiff, Mr. Jerome Cruz, has experienced
damages caused by the defendants’ failure to fulfill its obligation to
Mr. Cruz of paying the borrowed amount of Three Million Pesos
(3,000,000.00) plus the 12% interest per annum.

1.) Q: Do you swear the whole truth and nothing but the truth?
A: I do

2.) Q: Are you aware that you can face criminal liability for false
testimony or perjury if you will not tell the truth?
A: Yes, I am

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3.) Q: Please state your name, age, civil status, occupation, and
address.
A: I am JEROME CRUZ, of legal age, single, Filipino and
resident of Villa Senorita Subdivision, Talomo, Davao City,
Philippines.

4.) Q: Do you know Ms. Magbanua?

A: Yes.

5.) Q: How did you come to know the defendant?

A: She was my classmate in Law School and she executed a
Promissory note in favor of me.

6.) Q: I am showing you this document, herein referred to as Annex

“A”. Do you know this document?
A: Yes

7.) Q: What is this document?

A: It is a promissory note.

8.) Q: Who executed this promissory note?

A: Ms. Magbanua Ma’am.

9.) Q: When was this executed?

A: On October 15th, 2018 Ma’am.

10.) Q:When was the promissory note demandable?

A: On October 15th, 2019 Ma’am.

11.) Q: After the promissory note became due and demandable,

What did you do?
A: I sent her various letters demanding to pay her balance
within 5 days of receipt of the letter.

12.) Q: I’m showing you this document herein referred to as Annex

“B”. Do you know about this document?
A: Yes. That is the demand letter which was duly received by
Ms. Magbanua.

13.) Q: How did you come to know of this document?

A: I was the one who issued it.

14.) Q: Was there payment made by Ms. Magbanua?

A: No. Ms. Magbanua did not pay.

15.) Q: Did you made other demands other than the letter?
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 A: Yes. I made demands to him orally.

16.) Q: How many oral demands did you made?

A: I made 3 oral demands to her.

17.) Q: Did Ms. Magbanua pay?

A: No. Ma’am

18.) Q: Did Ms. Magbanua made any attempts to communicate

to you regarding the said loan?
A: No.

The preceding has been explained to me by the notary public, and I

fully understood the meaning and importance of the averments
above, and I attest to its accuracy.

IN WITNESS WHEREOF. I have set my hand this 5th day of

December 2022, in Davao City, Philippines.

JEROME CRUZ
Affiant

-SWORN ATTESTATION-

I hereby attest that I faithfully recorded the questions I asked and

the corresponding answers that the witness gave and neither she nor
any other person then present or assisting her coached the witness
regarding the latter’s answers.

Atty. Marilou G. Diaz

Examining Lawyer

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SUBSCRIBED AND SWORN to before me this 5th day of
December, 2022 in the City of Davao, Philippines.

Doc. No.07;
Page No.11;
Book No.19;
Series of 2022

Atty. Shev D. Sy
Notary Public
Sy Law Office, Buhangin Commercial Bldg.,
8000, Davao City
Roll of Attorneys No. 131712
PTR NO. 908712, 08/05/17, Davao City
IBP No. 345126, 08/03/17, Davao City
MCLE Comp. No. VII-0003214, 08/01/17

Copy Furnished:
Atty. Melanie L. De Vierra
Counsel for Defendant
MDV Law Office, Mintal, Davao City

Page 9 of 14
 ANNEX “A”

PHP 3,000,000.00

PROMISSORY NOTE

FOR VALUE RECEIVED, I Carol Magbanua, of legal age,

Filipino, single, and a resident of Amaya Ville Subdivision, R. Castillo
St., Davao City, Davao del Sur, Philippines promise to pay Jerome
Cruz the principal sum of Three Million Pesos (P3,000,000.00),
Philippine Currency with interest thereon at the rate of twelve
percent (12%) per annum payable in three (3) annual
installments and the first installment become due on or before
October 15, 2019 and the succeeding installments to fall on or
before the 15th day of October each year thereafter, until the
whole sum of the principal and interest shall have been fully paid.
Upon default of any installment the entire obligation shall become
due and demandable.

Carol Magbanua
Borrower

Signed in the presence of:

Carl John Ruiz Ana Valenzuela

Witness Witness

SUBSCRIBED AND SWORN to before me this 15TH day of

October, 2018 at Davao City, Philippines, affiant exhibiting to me
his/her community tax certificate no. 23327052 issued on 07-20-18
at Davao City, Philippines.

ATTY. ANLOU L. ABALOS

Notary Public for Davao City
Doc. No.04; Roll No. 16289
Page No.05; Serial No. 1999-234-2018
Book No.20;
Until December 31, 2020
IBP O.R. No. 14583/05-15-2017/Davao City
Series of 2018 PTR O.R. No. 14290/03-12-2017/Davao City
4th Floor 156 Pinyahan St. Locero
Subdivision Buhangin, Davao City

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 ANNEX “B”

November 16, 2019

Ms. Carol Magbanua

Amaya Ville Subdivision, R.Castillo St.,
Davao City, Davao del Sur, Philippines

Re: Outstanding Loan Balance of Php 1,120,000.00

FIRST LETTER OF DEMAND

Dear Ms. Magbanua,

This letter shall serve as a formal written demand for immediate

payment in full of the above captioned past due amount.

Enclosed with this correspondence is a documentation verifying this

debt. Should payment in full not be impending, or should
arrangements not made within thirty (30) days from your receipt of
this letter, appropriate collection procedures may be commenced
against you. This will result you in being liable of legal fees and costs
in addition to the amount above.

I will expect a response to this letter no later than November 30,

2019. If you would like to accept the payment arrangement offer,
please sign and return the attached agreement.

Sincerely yours,

JEROME CRUZ

Received by: ______________________

Alex Magbanua
Printed Name and Signature
November 16, 2019
Date received:______________________

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December 16, 2019

Ms. Carol Magbanua

Amaya Ville Subdivision, R.Castillo St.,
Davao City, Davao del Sur, Philippines

SECOND LETTER OF DEMAND

Dear Ms. Magbanua,

At this time, I have not yet received a payment in connection to your

loan balance, which enclosed herewith a documentation verifying the
said debt. Your account is now 62 days past due and your
outstanding balance is now ONE MILLION ONE HUNDRED FORTY
THOUSAND PESOS ONLY (Php 1,140,000.00) which includes
the first installment due and the interest incurred from October 15,
2019 to December 15, 2019.

If there is a reason you are unable to pay in full, please contact me

at 0917-5252-607 and I would be willing to talk about arranging a
payment schedule that is mutually agreeable.

Please get in touch with me immediately if you would like to work out
a payment schedule, otherwise please submit your payment of Php
1,140,000.00 by December 20, 2019.

Sincerely yours,

JEROME CRUZ

Received by: ______________________

Alex Magbanua
Printed Name and Signature
December 16, 2019
Date received:______________________

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 Statement of Account
As of December 16, 2019

Borrower: Carol Magbanua

Amount borrowed: P3,000,000.00

Particulars Principal Interest Amount Due Payment Remaining Balance

As of October 15, 2019
1st installment:
as to principal (P3M/3) ₱ 1,000,000.00
as to interest (P1Mx12%) ₱ 120,000.00 ₱ 1,120,000.00 ₱ - ₱ 1,120,000.00
As of December 15, 2019
Nov 2019 interest (P120,000x1/12) ₱ 10,000.00
Dec 2019 interest (P120,000x1/12) ₱ 10,000.00 ₱ 20,000.00 ₱ - ₱ 1,140,000.00

Prepared by:

JEROME CRUZ

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January 16, 2020

Ms. Carol Magbanua

Amaya Ville Subdivision, R.Castillo St.,
Davao City, Davao del Sur, Philippines

LAST AND FINAL DEMAND

Dear Ms. Magbanua;

I am writing in connection with your overdue account, which as of

January 15, 2020 has an outstanding balance of ONE MILLION
ONE HUNDRED FIFTY THOUSAND PESOS ONLY (Php
1,150,000.00) including the first installment due and interest from
October 15, 2019 up to January 15, 2020.

Please settle or make arrangements regarding your account not later

than five (5) days from date receipt of this letter; otherwise, I will
be constrained to take legal action. Should we be forced to seek
judicial relief, you shall be charged an additional expense of
attorney’s fees, costs of suit, damages and other incidental expenses
in connection with the case.

I trust you will give this matter your priority attention.

Very truly yours,

JEROME CRUZ

Received by: ______________________

Alex Magbanua
Printed Name and Signature
January 16, 2020
Date received:______________________

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