ZILLA E. PAGULAYAN,
Defendant.
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COMPLAINT
COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable
Court respectfully alleges;
1. That Plaintiff is of legal age, married, Filipino citizen and a resident of B-10 L-2
Plaza De San Marino, Salawag, Dasmarias City, Cavite where she may be served
with summons and other court processes;
2. That Defendant is likewise of legal age, married, Filipino citizen and a resident of
B-141 L-12 P-III, Paliparan Site Dasmarias City, Cavite where she may be
served with summons and process of this Honorable Court;
4. That on 24 June 2008 around 9:00 A.M. Plaintiff borrowed money to the herein
Defendant in the amount of THREE HUNDRED TWENTY THOUSAND
(Php320,000.00) PESOS including my previous debt for flour in the sum of
THIRTY SEVEN THOUSAND (Php37,000.00) and the transfer fee;
5. That herein Defendant requested that herein Plaintiff should execute Deed of
Transfer in favor of the former for security that her loan money be returned;
6. That when they executed said Deed of Transfer the herein Plaintiff never
received any amount for consideration the same was executed for the sole
purpose of security for the payment of Plaintiffs loan;
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7. That both parties agreed that all expenses incurred in the transfer, payments to
the Household Developer and personal debts of the Plaintiff shall be included
for the payment/reimbursement;
8. That Defendant required the Plaintiff that should she failed to pay or return all
the above-mentioned amount/obligation she will rent in the subject premises in
the sum of SEVEN THOUSAND (Php7,000.00) PESOS per month;
Attached herewith is the photo copy of the monthly rentals paid by Plaintiff and
marked as Annex A;
9. That when the Plaintiff decided to pay the Defendant she failed and refused to
accept the payments tendered that they agreed and Defendant is asking for the
amount that they never agreed upon, hence, Plaintiff failed to concede to the
whimsical and capricious demand of the Defendant;
10. That Defendant aside from the agreed amount to be returned, insisted the FIVE
(5%) PERCENT interest monthly aside from the above-mentioned monthly
rentals;
5. That Defendant only pay the monthly interest for the months of June 9, 2009
and July 7, 2009 and no other payment has been made;
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6. That despite repeated verbal demands made by herein Plaintiff to the Defendant
she failed and refused to pay the Plaintiff and the worst Defendant starting to
evade the Plaintiff;
7. That in fact, the matter has been referred to the Barangay for possible settlement/
or conciliation of the dispute, but to no avail;
9. That Plaintiff suffered moral damages due to sleepless nights and anxiety in the
amount of TEN THOUSAND (Php10,000.00) PESOS;
10. That in order to serve as an example and/or lesson to the Defendant, the
Plaintiff is also praying for exemplary damages in the sum of FIVE
THOUSAND (Php5,000.00) PESOS.
PRAYER
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Other relief and remedies that are just and equitable under the premises are
likewise prayed for.
2. That I caused the preparation of the complaint and I read the allegations
contained therein and understood each of them to be true and correct of my
own personal knowledge and beliefs and based on authentic documents.
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3. That I further certify that I have not commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any court, tribunal or agency.
MARILOU A. OLIVARIO
Plaintiff