1a.-sum-of-money-with-writ-of-preliminary-attachment-1.doc 5w563b

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF MANILA National Capital Judicial Region Branch ____, Iloilo City Alexander Sison, Plaintiff,

Civil Case No. _____ For: Collection of Sum of Money with Prayer of writ for the issuance of Preliminary Attachment

-versusJuan Jamero, Defendant. x------------------------------------------x COMPLAINT PLAINTIFF, through counsel, most respectfully avers:

(1.)

That plaintiff, Alexander Sison is a Filipino citizen, of legal age, single and a resident of 111 Libertad St. Sampaloc Manila, whereas, defendant Juan Jamero is likewise a Filipino, of legal age, single, and residing at 222 Juan Luna St., Tondo Manila, at which address the party herein may be served with summons and other court processes;

(2.)

That on January 3, 2008, defendant borrowed from plaintiff the amount of one million pesos (Php. 1,000,000.00) , which indebtedness is due and payable on or before January 3, 2009, with an interest at the rate of 12% per annum within one (1) year, in accordance with the promissory note executed by the defendant on the said date. Photostatic copy of said promissory note is attached and marked as Annex “A” and made as a integral part hereof;

(3.)

That the defendant has failed and refused and still fails and refuses to pay the said indebtedness on due date, with corresponding interest thereon to the herein plaintiff, despite repeated requests and demands.

(4.)

That the plaintiff served several demands to the defendant, attached is the last demand letter executed on July 01, 2009 by the plaintiff as annex “B” and made as an integral part hereof;

(5.)

That the defendant shall pay for the attorney’s fees and expenses of litigation in the amount of Php. 75,000.00 and a fee of P3,000 for every appearance in court, and to pay the cost of this suit;

(6.)

That the plaintiff is willing to put up a bond for the issuance of a preliminary attachment in an amount to be fixed by the court, not exceeding the sum of one million pesos which is the plaintiff’s claim herein;

Allegations for the Issuance of for Preliminary Attachment Plaintiff further states and alleges: (7.)

That Plaintiff has a valid and sufficient cause of action against the herein defendant regarding the collection of sum of money which is already due and demandable;

(8.)

Defendant has removed or disposed of or is about to remove or dispose of her property, with intent to defraud her creditors thereby rendering nugatory and ineffective whatever money judgment this honorable court may render in the above entitled case; That the defendant does not have sufficient security for the claim sought for the plaintiff against him;

(9.) (10.)

That the plaintiff is willing to put up a bond for the issuance of a preliminary attachment in an amount to be fixed by the court, not exceeding the sum of one million pesos which is the plaintiff’s claim herein;

PRAYER WHEREFORE, it is most respectfully prayed of this Honorable Court that pending hearing of this case a writ of preliminary attachment be issued against the property of the defendant to serve as security for the

satisfaction of any judgment that may be recovered herein; and that after due hearing on the principal cause of this action, judgment be rendered against the defendant for the sum of the following: (1.) Ordering defendant to pay plaintiff the amount of one million pesos (Php. 1,000,000.00) plus interest thereon at the rate of 12% per annum from January 3, 2009, and until the same is fully paid; and (2.) Ordering defendant to pay the attorney’s fees and expenses of litigation in the amount of Php. 75,000.00 and a fee of P3,000 for every appearance in court, and to pay the cost of this suit; Plaintiff likewise prays for such other and further relief or reliefs as this Honorable Court may deem just and equitable under the premises. Manila, Philippines, September 01, 2009.

MARY JOY S. DEJADA Counsel for the Plaintiff 4321 suite, Makati Manila

REPUBLIC OF THE PHILIPPINES) MANILA PHILIPPINES) S.S. x-------------------------------------------x

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, Alexander Sison,Filipino, of legal age, single, after having been duly sworn in accordance with law, deposes and states that: 1. That I am the plaintiff in the above-stated case; 2. That I have caused the preparation of the foregoing complaint; 3. I have read and understood the allegations therein contained and the same are true and correct of my own personal knowledge and based on authentic records; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; to the best of my knowledge and belief, no such action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or other tribunal or agency; that I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court , the Court of Appeals, or any other tribunal or agency, I under take to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of September, 2009 in Manila, Philippines.

SisonAlexander Alexander Sison Affiant SSS ID no. 1234567 Issued at: Manila, Philippines Issued on: January 09, 2006

SUBSCIBED AND SWORN TO before me this 1st day of September, 2009, in Manila after showing to me his competent evidence of identity indicated below his name. I HEREBY CERTIFY that I personally examined the affiant and I am satisfied that she voluntarily executed and understood his declaration on the place and date above written.

ATTY. MARY JOY S. DEJADA Notary Public Commission No.00145 My Commission expires on December 31,2008 Until 31 December 2008 Law office address: Jaro, Iloilo City Roll of Atty.’s No.: 08667 PTR No. 8978978 Issued on December 26, 2005 Issued at Iloilo City, Philippines IBP No.879879 Issued on December 29, 2005 Issued by: IBP-Iloilo Chapter MCLE Compliance No1-0000066 Date Issued: January 3, 2006 Doc. No. 1_ Page No2 Book. No. I Series of 2009 Date and Time Notarized: __________

“ANNEX A”

PROMISSORY NOTE ANNEX “A” Promissory Note

January 03, 2008 Manila, Philippines

Php. 1,000,000.00 For value I received, I promise to pay to the order of Alexander Sison the sum of One million pesos (Php. 1,000,000.00) with 12% interest per annum on or before January 03, 2009, at his house in 111 Libertad St., Sampaloc, Manila.

JJamero Juan Jamero

“ANNEX B” DEJADA AND ASSOCIATES

Lawyers and Notary Public 4321 suite, Makati Manila, Philippines DEMAND LETTER July 01, 2009 Mr. Juan Jamero 222 Juan Luna St., Tondo, Manila Dear Sir: Our client Alexander Sison had referred to us his case as regards to your indebtedness amounting to One million Pesos (Php. 1,000,000.00). Please be reminded that your promissory note has become due on January 03, 2009 and a demand letter was sent last March 01, 2009. Kindly make necessary payments to our client on or before 4 pm on August 01, 2009. The refusal to accede to this second and final demand letter will prompt the undersigned to seek recourse before the courts of law. Please give this matter your utmost and preferable attention.

ATTY. MARY JOY S. DEJADA Counsel for the Plaintiff