Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7TH Judicial Region
Branch ___
Cebu City

LEE BAHT represented by

PROCOPIO DESIDERATA
Plaintiff,

-versus- CIVIL CASE NO. _________

For: Collection of Sum of
Money and Damages

SPOUSES PANG AND KIM PHANG

Defendants,

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

COMPLAINT

PLAINTIFF, by and through undersigned counsel, unto

this Honorable Court, most respectfully states that:

THE PARTIES

1. Procopio Desiderata, of legal age, Filipino, and a

resident of Banilad Cebu City, acting for and in behalf of
Plaintiff Lee Baht, likewise of legal age, Filipino, and a
 resident of Ma. Luisa subdivision, Cebu City. A copy of
the Special Power of Attorney is hereto attached as
Annex A. He may be served with notices and
processes of this Honorable Court through his counsel
at Cesar Luciano M-1 B. Aranas Ext., NR S Expressway,
BK Toots Repair Shop, Cebu City.

2. Defendants Spouses Pang and Kim Phang, are of legal

age, both Filipinos, married to each other, and residents
of Ma. Luisa subdivision, Cebu City, where they may be
served with summons and other processes of this
Honorable Court.

STATEMENT OF FACTS OF THE CASE

3. Sometime in April 16, 1986, defendant Mrs. Kim Phang,

who is neighbor to the Plaintiff, asked to loan a sum of
money. A copy of the receipt signed by Mrs. Phang is
hereto attached as Annex B.

4. On the following day, plaintiff, through Procopio

Desiderata, issued a loan for a sum of money worth
P300, 000 to Defendant, payable on September 16,
2016.

5. Upon due date which is on September 16, 2016,

Plaintiff sent a demand letter for the payment of the
loan to Defendant. A copy of the demand letter is
hereto attached as Annex C.

6. Defendants fail to pay the sum of money upon demand.

Thus, Plaintiff has resorted to Barangay Conciliation,
but mediation failed. A copy of the Certification to File
Action from the Office of the Lupong Tagapamayapa of
Barangay Banilad, Cebu City is hereto attached as
Annex D.

7. Up to the present, in spite of repeated demands and

the Barangay Conciliation proceedings, Defendant still
fails to pay their loan obligation.

8. That by such reason, herein Defendant owes and is still

indebted to the Plaintiff the sum of THREE HUNDRED
THOUSAND PESOS (PHP300,000.00).
 CAUSES OF ACTION

9. Plaintiff hereby incorporates by reference Paragraphs 1

to 8, inclusive, of this Complaint as though fully set
forth at length.

10. For failure of the Defendant to pay despite demands

by the Plaintiff, a right of action and relief accrued to
the Plaintiff.

11. As a consequence of Defendants refusal to pay

Plaintiff his total monetary obligation due, the latter
suffered losses to which Defendant should be ordered
to restitute Plaintiff the principal money claim of THREE
HUNDRED THOUSAND PESOS (PHP300,000.00),
Philippine Currency, as and by way of, ACTUAL
DAMAGES.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that, after due notice and
hearing, JUDGMENT be rendered adjudging the Defendant to
pay the following in favor of the Plaintiff:

1. Principal monetary claim of THREE HUNDRED

THOUSAND PESOS (PHP300,000.00), Philippine
Currency, as and by way of, ACTUAL DAMAGES;

2. A legal interest rate of not less than 0.5% per month, or

6% per annum from the date of delay which was on
September 16, 2016 until full payment;

3. P25,000.00 as ATTORNEYS FEES and COST OF

LITIGATION;

4. Other expenses and charges incurred, or may be

incurred by reason of this Complaint;
 5. Other reliefs, just and equitable under the
circumstances, are likewise prayed for.

RESPECTFULLY SUBMITTED.

28, December 2016, Cebu City, Philippines 6000.

By:

(NAME OF COUNSEL & ADDRESS)

Roll of Attorneys No. 59637
IBP No. 831437
PTR No. 3386580, January 4, 2016
MCLE Compliance No. IV-0002201, August 5, 2016

REPUBLIC OF THE PHILIPPINES )

City of Cebu ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, PROCOPIO DESIDERATA, of legal age, and resident of Banilad,

Cebu City, after having been duly subscribed and sworn to in
accordance with law, do hereby depose and say, that:

1. I am the Plaintiff in the present case, representing Mr. Lee

Baht as evidenced in Annex A hereof;

2. I have caused the preparation and filing of the foregoing

Complaint;
 3. I have read and understood the contents hereof and the facts
herein alleged are true and correct to the best of my own
personal knowledge and based on authentic records;

4. I further certify that there is no other pending case involving

the same parties, subject matter and cause of action, before
the Supreme Court, the Court of Appeals, and other courts,
tribunals, agencies and offices;

5. Should I come to learn that the same or similar action has

been filed or pending before the Supreme Court, the Court of
Appeals, and/or the other courts, tribunals, agencies and
offices concerned of this fact, I hereby undertake to notify the
Honorable Court of such fact within five (5) days from
knowledge thereof.

6. I am executing this sworn statement in compliance with the

Rules of Court.

IN WITNESS WHEREOF, I have hereunto set my hand this ____

day of _______________ 2016 in Cebu City, Philippines.

PROCOPIO DESIDERATA
Affiant

SUBSCRIBED AND SWORN TO, before me, Notary Public for Cebu
City, this __________________, in Cebu City, Philippines, affiant having
exhibited to me competent evidence of identity through his LTO
Drivers License No. G01-86-056354 which will expire on September 9,
2018 and also personally known to me.

Doc No. _______

Page No. ______
Book No. ______
Series of 2016.