Bacsal

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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY
BRANCH ____

ANCHOR SAVINGS BANK,


Plaintiff,

- versus - CIVIL CASE NO. _____________


For: Sum of Money and Damages

ROSEVILLA D. BACSAL, SUSAN


LOZADA, VIOLETA PADILLA,
EVELYN MANIGO AND LEONORA
AGUILAR.
Defendants.
x-----------------------------------------------x

C O M P LA I N T

PLAINTIFF, by counsel, unto this Honorable Court most respectfully states:

1. Plaintiff ANCHOR SAVINGS BANK, (Anchor for brevity), is a

domestic corporation duly organized and existing under the laws of the Republic of the

Philippines, with principal office addressed at No. 162 L.P. Leviste St., Salcedo Village,

Makati City where it may be served with court processes.

2. Defendant Rosevilla D. Bacsal is a Filipino, of legal age with residence at

Blk. 5, Lot 42 Urban Bliss, Barangka (UBB), Barangka, Marikina City where she may be

served with summons and other court processes.

3. Defendant Susan Lozada is a Filipino, of legal age and with residence at Blk.

6, Lot 18 Urban Bliss, Barangka (UBB), Barangka, Marikina City where she may be

served with summons and court processes;

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4. Defendant Violeta Padilla is a Filipino, of legal age and with residence at Blk.

5, Lot 35 Urban Bliss Barangka (UBB), Barangka, Marikina City, where she may be

served with summons and court processes;

5. Defendant Evelyn Manigo is a Filipino, of legal age and with

residence at Blk. 5, Lot 43 Urban Bliss Barangka (UBB), Barangka Marikina City, where

she may be served with summons and court processes;

6. Defendant Leonora Aguilar is a Filipino, of legal age and with

residence at Blk. 6, Lot 31 Urban Bliss Barangka (UBB), Barangka Marikina City, where

she may be served with summons and court processes;

CAUSE OF ACTION

7. On 3 November 2004, defendants, obtained a Pagsulong Para Sa

Kaunlaran (“PASAKA” for brevity) loan from Anchor in the amount of PESOS:

FIFTEEN THOUSAND (P15,000.00) with twenty four percent (24%) interest rate per

annum, as evidenced by Promissory Note dated 3 November 2004 duly executed and

signed by defendants. A copy of said promissory note is hereto attached as Annex “A”

and made an integral part of this complaint.

8. Defendant’s obligation is payable in six (6) months to be divided in twenty

five weeks installments of PESOS: SIX HUNDRED SEVENTY TWO (P672.00)

starting November 9, 2004 thereafter until the amount is fully paid.

9. Defendants defaulted in the payment of their obligation as stated in the

promissory note. It is stated in the promissory note that failure to pay any installment as

and when the same becomes due shall render the whole sum then remaining unpaid as

well as the stipulated interest and penalty charges, immediately due and payable.

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10. Due to such default, Anchor demanded from herein defendants the

settlement of their loan obligation but despite such oral and written demands for the

payment of the outstanding balance, defendants failed to settle their obligation. Copy of

the demand letter dated 29 November 2005 and its corresponding Registry Return Cards

are hereto attached as Annexes “B” to “G”.

11. As of May 26, 2006, the outstanding balance of the defendants exclusive

of interest and penalty charges is PESOS: SIX THOUSAND THREE HUNDRED

FORTY FOUR (P6,344.00). Copy of statement of account is hereto attached as Annex

“H”.

12. As expressly provided in the promissory note, defendants by reason of

their failure to pay their monthly obligations to the plaintiff, are liable to pay penalty

charges of FIVE PERCENT (5%) per month or a fraction thereof which shall be added

on each monthly installment from maturity thereof until fully paid.

13. As stipulated in the same promissory note, defendants are likewise liable

for liquidated damages in an amount equivalent to TWENTY FIVE PERCENT (25%)

of the total sum due and another TWENTY FIVE PERCENT (25%) of the total sum

due as attorney’s fees since the court action is resorted to for the collection of defendant’s

obligation.

PRAY E R

WHEREFORE, premises considered, it is respectfully prayed of this Honorable

Court that after trial on merits, judgment be rendered ordering herein defendants to pay

plaintiff the following:

1. The sum of is PESOS: SIX THOUSAND THREE HUNDRED

FORTY FOUR (P6,344.00) exclusive of interest and penalty charges which have

accrued and will continuously accrue from May 26, 2006 until fully paid and a penalty of

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FIVE PERCENT (5%) per month or a fraction thereof on all unpaid monthly

installments as actual damages;

2. The sum equivalent to TWENTY FIVE PERCENT (25%) of the amount

due as liquidated damages, as provided for in the promissory note;

3. The sum equivalent to TWENTY FIVE PERCENT (25%) of the amount

due as and by way of attorney’s fees;

4. The cost of suit.

Other relief just and equitable in the premises are likewise prayed for.

Makati City, 8 June 2006.

ROMEO S. MASANGYA, JR.


IBP No. 663893/ 12-28-05 / Makati City
PTR No. 4186601/ 01-05-06 / Makati City
Roll No. 45164

REYNALDO M. DE SAGUN
IBP No. 663894 / 12-28-05 / PPLM
PTR No. 4186600 / 01-05-06 / Makati City
Roll No. 45924
**************************************
162 Champaca II Building
L.P. Leviste Street, Salcedo Village
Makati City

CERTIFICATION AND VERIFICATION

I, FREEDOM C. DE JESUS, of legal age, Filipino and with office address at


ANCHOR BANK, No. 162 L. P. Leviste Street, Salcedo Village, Makati City, after being
duly sworn in accordance with law, do hereby depose and state that:

1. I am the Project Assistant of ANCHOR SAVINGS BANK, the plaintiff in


the above-entitled case;

2. I am authorized by Anchor Savings Bank to represent the bank in the


above entitled case. Copy of Secretary Certificate and Special Power of Attorney are
hereto attached as Annex “I” and “J”.

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3. I caused the preparation of the foregoing Complaint and attest that I read
and understood the same and all the allegations therein are true and correct to the best of
my personal knowledge and bank records;

4. I certify that plaintiff Anchor Savings Bank have not heretofore


commenced another action or proceeding involving the same issues in the Supreme
Court, the Court of appeals or any of its divisions, or in any other tribunal or agency.

5. To the best of my knowledge, no such action or proceeding involving the


same issues is pending in the Supreme Court, the Court of Appeals or any of its divisions,
or in any other tribunal or agency.

6. If 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 of its divisions,
or in any other tribunal or agency, I undertake to promptly inform this Honorable Court
of the fact within five days therefrom.

FREEDOM C. DE JESUS
Affi ant

SUBSCRIBED AND SWORN to before me this ______ day of June 2006, at


Makati City, affiant exhibiting to me her Community Tax Certificate No. 01149224
issued on May 9, 2005 at Angono, Rizal.

Doc. No. ____:


Page No. ____:
Book No.____ :
Series of 2006.

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