Republic of the Philippines

Regional Trial Court

Sixth Judicial Region
Iloilo City

MARK ANTHONY H. ALITAO,

Plaintiff,
versus
Civil Case No. 001
For: Collection of Sum of
QUENNIE ZAIRAH F. PUEBLO,
Money with Damages
Defendant.
/-----------------------------------------------------------/

COMPLAINT

Plaintiff, by counsel, to this Honorable Court, most respectfully sets forth

that:

1. Plaintiff is of legal age, Filipino citizen, married, a resident of ,

Block 5, Lot 4, Orchid St., Phase 2, Villa Carolina Village, Brgy. Yulo Drive, Iloilo
City, Iloilo and with capacity to sue and be sued. The Honorable Court’s notices,
order and other processes may be sent to Gaton-Alitao Law Offices at R. Mapa
St. Brgy, Tabucan, Mandurriao, Iloilo City, Iloilo, 5000.

2. Defendant QUENNIE ZAIRAH F. PUEBLO is of legal age, Filipino

citizen, married, with capacity to sue and be sued, and a resident of Block 6 Lot
9, Phase 2, Deca Homes, Pavia, Iloilo, where she may be served with Summons,
a copy of this Complaint, and other Court’s processes.

3. On June 23, 2022, defendant borrowed and received from plaintiff

the amount of Php300,000.00. Simultaneously, they jointly executed a Trust
Receipt Agreement and Promissory Note for said obligation. In the same
instruments, defendant agreed and promised to pay the said loan on installment
at Php12,500 for 36 months, inclusive of 1.5% monthly interest. Attached and
made integral part hereof is a machine copy of the Trust Receipt Agreement and
Promissory Note as Annexes “A and B”.

4. To facilitate the monthly payments, defendant her salary from the

Department of Labor and Employment through Landbank CA#6523-0119-65 and
surrendered to plaintiff her Automated Teller Machine (ATM) card and
corresponding Personal Identification Number (PIN).

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 5. Up to the present time, defendant only paid Php125,000.00 to
plaintiff because the ATM card of the defendant was already blocked.

6. Repeated verbal demands were initially resorted to by the plaintiff

to replace the blocked ATM card or pay her past due account. Despite repeated
plea, defendant refused and failed to settle her obligation.

7. Since his efforts to talk it out with the defendant were unsuccessful,
plaintiff caused to be prepared and served upon defendant a written demand to
pay with attached statement of account, demanding payment of the unpaid
principal loan and accrued interest with a total amount of Php453,000.00. Such
demand letters were sent defendants via registered mail on May 8, 2021 and
were received on May 8, 2021. Attached and made integral part hereof are true
copies of Demand for Payment sent to Quennie Zairah F. Pueblo as Annex “C”,
Statement of Account as Annex “D” and corresponding Registry Return Cards
as Annexes “E and F”.

8. Despite such written demand, defendants failed and continuously

failed to settle their obligation.

9. As a consequence of defendant’s failure to pay despite repeated

demands, plaintiff was deprived of his right to recover the loaned amount and
accrued interest. In addition, she was compelled to secure the services of a
lawyer to protect his interest and enforce his rights and thus committed to pay
attorney’s fees of P50,000.00. She also incurred paying docket and filing fees
which could have been avoided had defendants been fair and honest in dealing
with the plaintiff.

PRAYER

WHEREFORE, plaintiff respectfully prays for judgment from the Honorable

Court ordering defendant:

1. To indemnify plaintiff the amount of Php453,000.00 representing the

balance of the principal loan and accumulated interest.

2. To be assessed with Attorney’s Fees in the amount of Php50,000.00.

3. To reimburse the plaintiff with docket and filing fees.

4. To pay the cost.

July 3, 2024 at Iloilo City, Philippines.

JAMYLLE LUTZ GATON-ALITAO

Counsel for Plaintiff
IBP No. 2039445; Iloilo
PTR No 202345; Iloilo City

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 Attorney’s Roll No. 11222
MCLE 09/2023

GATON ALITAO LAW OFFICES

R. Mapa St. Brgy, Tabucan, Mandurriao
Iloilo City 5000
Tel No. 0333277432

VERIFICATION AND CERTIFICATE

OF NON-FORUM SHOPPING

I, MARK ANTHONY H. ALITAO, is of legal age, Filipino citizen, married, a

resident of, Block 5, Lot 4, Orchid St., Phase 2, Villa Carolina Village, Brgy. Yulo
Drive, Iloilo City, Iloilo, and with capacity to sue and be sued on oath, deposes
and state:

1. That I am the plaintiff in the above-titled complaint against Quennie

Zairah F. Pueblo for collection of sum of money with damages;

2. That I have caused this Complaint to be prepared and filed; I have

read and understood its contents which are true and correct of my own
personal knowledge and belief on the basis of my reading and
appreciation of documents and other documents pertinent thereto;

3. That I have not commenced any action or proceeding involving the

same issues in the Supreme Court, the Court of Appeals or any other
Court, Tribunal or Agency;

4. That to the best of my knowledge, no such action or proceeding is

pending in any other court, tribunal or agency;

5. That, if I should learn thereafter that a similar action or proceeding has

been filed or is pending before these Courts, tribunal or agency, I
undertake to report that fact to the Honorable Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this July 3,

2024 at Iloilo City.

MARK ANTHONY ALITAO

Plaintiff/Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and in

for the City of Iloilo, this July 3, 2024. The plaintiff-affiant personally appeared
and exhibited his Driver’s License No. L-212343 bearing his photograph and
signature, issued by the Land Transportation Office at Iloilo City and valid until

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October 2033 as competent proof of identity. He is also known to me as the
same person who personally signed the foregoing Verification and Certificate of
Non-Forum Shopping and avowed under penalty of law the whole truth of the
contents of said Verification and Certificate.

JAMYLLE LUTZ GATO-ALITAO

Doc. No. ___; NOTARY PUBLIC
Page No. ___; UNTIL 2025
FOR AND IN THE PROVINCE OF ILOILO
Book No. ___; MCLE COMPLIANCE NO. 09/2023
Series of 2024. PTR No.202345; Iloilo City
IBP No. 2039445; Iloilo City
ATTORNEY’S ROLL NO. 11222
Serial/Docket No. 12-21324

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