Anda di halaman 1dari 5

Republic of the Philippines

National Capital Region


REGIONAL TRIAL COURT
Branch __
Makati City

JORGE GONZALES,
Plaintiff, Civil Case No. 6969

versus For: Specific Performance and


Damages
EXOR BANK,
Respondent

x - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - - x
RENE HISON,
Intervenor
x - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - - x

COMPLAINT IN INTERVENTION

Intervenor, through counsel, respectfully states that:

1. Intervenor, RENE HISON, is of legal age, Filipino citizen and a


resident of 75 P. Domingo Street, Carmona, Makati City 1207, Metro
Manila where he may be served with summons and other legal
processes;

2. Plaintiff JORGE GONZALES approached Hison to secure a loan in


the amount of P250,000 with the promise to pay on or before
September 30, 2015;

3. Plaintiff, Gonzales, issued a check dated September 30, 2015 in favor


of Intervenor for Two Hundred Fifty Thousand Pesos (PhP
250,000.00) to be drawn against the Cash-on-Hand Loan Agreement
(COHLA);

4. Upon presentment for payment by Intervenor of said check on October


13, 2015 however, it was dishonored by Respondent, EXOR BANK,
due to its termination of the credit line under the COHLA;

5. Due to the dishonor of the check issued by Gonzales, Intervenor


suffered actual damages in the amount of P250,000 plus interest from
the date of demand, sleepless nights from thinking of how he can come
up with the said amount in order to pay a loan he also contracted and
to avoid incurring interest on the same. Intervenor likewise suffered
besmirched reputation in the eyes of his creditor for his failure to pay
the said loan on time;

6. Demand letters were sent to Gonzales dated November 5, 2015 and


December 3, 2015 to which Gonzales was unable to respond;

7. The failure of Gonzales to settle his account with Intervenor resulted


in prejudice to the damage of the intervenor;
PRAYER

WHEREFORE, it is prayed that:

1. Intervenor be allowed to intervene in this case;

2. To award actual damages in the amount of P250,000 as represented in


the check plus interest from date of demand;

3. To award moral damages in the amount of P100,000; and

4. To award attorneys fees in the amount of P100,000 and costs of suit.

Other reliefs, just and equitable, are prayed for.

July 3, 2017; Makati City, Philippines.

ATTY. ALEXIS SOLACITO


Counsel for Plaintiff
Roll No. 5000
IBP No. 011 Lifetime
PTR No. 70 - 1/2/14 Makati
MCLE Compliance IV No. 001234
Issued on January 12, 2014
VERIFICATION-CERTIFICATION
OF NON-FORUM SHOPPING

I, Rene Hison, of legal age, Filipino citizen, resident of 75 P. Domingo


Street, Carmona, Makati City 1207, Metro Manila, after having been sworn to
in accordance with law, depose and say:

1. That I am the intervenor in the above-entitled case and has caused the
preparation and filing of the foregoing Complaint-in-intervention;

2. That all the allegations therein are true and correct of my own
knowledge and based on authentic records;

3. That I hereby certify under oath that I have not heretofore


commenced any other action or proceeding involving the same issues
in the Supreme Court, Court of Appeals or any other tribunal or
agency, and that to the best of my knowledge, there is no other action
or proceeding, which is pending before this Honorable Court, Court of
Appeals, Supreme Court or any other tribunal or agency involving the
same parties and the same issues, and that if I learn hereafter that
there are other proceedings pending before this Honorable Court, or
any other tribunal or agency, I hereby undertake to report that fact
within five (5) days therefrom to this Honorable Court.

Makati City, Philippines, June 30, 2017.


________________
RENE HISON
Affiant

SUBSCRIBED AND SWORN to before me this 30th day of June, 2017 at


Makati City. Affiant exhibited to me his Filipino Passport No. 12532 issued at
Makati City on October 12, 2016 and his Drivers License No. 12345 issued by
the Land Transportation Office on April 8, 2016 at the City of Makati.

ATTY. WINILYN SANCHO


Notary Public
Until December 31, 2017
Roll of Attorney No. 34555
PTR No. 87654/12-22-06/Manila
IBP No. 12345/2-5-07/Manila
MCLE Compliance No. 1234
Commission Serial No. 14344

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2017.
Republic of the Philippines
National Capital Region
REGIONAL TRIAL COURT
Branch __
Makati City

JORGE GONZALES,
Plaintiff, Civil Case No. 6969

versus For: Specific Performance and


Damages
EXOR BANK,
Respondent

x - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - - x
RENE HISON,
Intervenor
x - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - - x

MOTION FOR INTERVENTION

Intervenor, through counsel, respectfully prays that he be permitted to file


a Complaint in Intervention in the above-entitled case, for the following reasons:

1. That he has legal interest in the matter under litigation, or in the success of
either of the parties, or that he is so situated as the adversely affected by
the outcome of the case;

2. That this intervention will not, in the least, unduly delay this proceeding or
prejudice the rights of the original parties in the case;

3. That the intervenors right can be fully protected in this proceeding rather
than by filing a separate proceeding;

4. That to allow the said party to intervene in the case would prevent
multiplicity of suits.

PRAYER

WHEREFORE, it is prayed that RENE HISON be allowed to intervene


as party plaintiff and the attached complaint be admitted and served on the
defendant.

July 3, 2017; Makati City, Philippines.

ATTY. ALEXIS SOLACITO


NOTICE OF HEARING

TO: OPPOSING COUNSEL

Counsel for the plaintiff

Sir: Please take notice that on, July 3, 2017 at 9:30 in the morning or as
soon thereafter as counsel may be heard, the undersigned attorney will ask the
Regional Trial Court of Makati City (Brach __) that the foregoing Complaint- in-
Intervention be granted.

ATTY. ALEXIS SOLACITO

EXPLANATION

Undersigned Intervenor has furnished the plaintiff and respondent a copy


of the foregoing motion by personal delivery.

ATTY. ALEXIS SOLACITO

COPY FURNISHED:

OPPOSING COUNSEL