This document is a complaint filed in a regional trial court in Davao City by Luke Deider against Arianne Santos and Surigao Island Sales Corporation (SISC). Deider alleges that on February 23, 2010, Santos affirmed that Deider was a creditor of SISC for PHP 25.4 million. To secure this debt, SISC executed a promissory note in Deider's favor on May 3, 2010. SISC has since defaulted on the note and failed to pay despite demands, owing Deider PHP 69.85 million including interest. Deider is suing to collect this amount plus damages.
This document is a complaint filed in a regional trial court in Davao City by Luke Deider against Arianne Santos and Surigao Island Sales Corporation (SISC). Deider alleges that on February 23, 2010, Santos affirmed that Deider was a creditor of SISC for PHP 25.4 million. To secure this debt, SISC executed a promissory note in Deider's favor on May 3, 2010. SISC has since defaulted on the note and failed to pay despite demands, owing Deider PHP 69.85 million including interest. Deider is suing to collect this amount plus damages.
This document is a complaint filed in a regional trial court in Davao City by Luke Deider against Arianne Santos and Surigao Island Sales Corporation (SISC). Deider alleges that on February 23, 2010, Santos affirmed that Deider was a creditor of SISC for PHP 25.4 million. To secure this debt, SISC executed a promissory note in Deider's favor on May 3, 2010. SISC has since defaulted on the note and failed to pay despite demands, owing Deider PHP 69.85 million including interest. Deider is suing to collect this amount plus damages.
This document is a complaint filed in a regional trial court in Davao City by Luke Deider against Arianne Santos and Surigao Island Sales Corporation (SISC). Deider alleges that on February 23, 2010, Santos affirmed that Deider was a creditor of SISC for PHP 25.4 million. To secure this debt, SISC executed a promissory note in Deider's favor on May 3, 2010. SISC has since defaulted on the note and failed to pay despite demands, owing Deider PHP 69.85 million including interest. Deider is suing to collect this amount plus damages.
PLAINTIFF, thru the undersigned Counsel, unto this Honorable
Court, respectfully alleges:
1. That Plaintiff is of legal age, American, a resident of 1016
Condominium, Luzon Avenue, Davao City, Philippines;
2. That Defendant, Arianne Santos, is likewise of legal age,
Filipino, President of Surigao Island Sales Corporation (SISC) with principal office address at Hinatuan, Surigao del Sur, Philippines where summons and court processes may be served;
3. That Defendant, Surigao Island Sales Corporation
(hereinafter “SISC”) is a domestic corporation duly organized and existing under Philippine laws with principal office address at Hinatuan, Surigao del Sur, Philippines per last General Information Sheet filed with the Securities and Exchange Commission where summons and court processes may also be served;
4. That on February 23, 2010, the defendant, ARIANNE for
brevity through her sister Rona, affirmed and confirmed that plaintiff is a creditor of SISC for a sum of money amounting to Twenty-five
Page 1 of 4 Million Four Hundred Thousand Pesos (PhP 25,400,000.00), among others, and made an undertaking through the execution of a Promissory Note in favor of plaintiff to secure the latter's creditor position in SISC. This promissory note is to be the joint obligation of SISC and the defendant;
5. That in recognition of defendant’s SISC obligation in favor
of the plaintiff, the former through Rona executed a Promissory Note in favor of the plaintiff on May 3, 2010, a copy of the promissory note is hereto attached as Annex “A”;
6. That as shown in the promissory note, the obligation will be
due and demandable one year from its execution and said obligation is also to be interest-bearing at 25%per annum;
7. That after the lapse of one year from its execution, no
payment was made to the plaintiff;
8. That plaintiff sent separate letters to the defendants
containing the demand for the payment of its obligation, copies of which are hereto attached as Annex “B”;
9. That notwithstanding plaintiff's repeated demands, both
written and verbal, defendants failed, neglected and refused to fulfill its obligations without just and valid grounds to the continued damage and prejudice of plaintiff, leaving no other recourse but to litigate and file this action;
10. That defendants have, as of this date, defaulted in the
payment of an aggregate amount of Sixty-nine Million Eight Hundred Fifty Thousand Pesos (PhP 69, 850,000.00);
11. That the plaintiff in order to enforce his rights and interests, has sought the services of a legal counsel with attorney’s fees amounting to One Hundred Thousand Pesos (PhP 100,000.00) and an appearance fee of Five Thousand Pesos (PhP 5,000.00) per hearing;
12. That the plaintiff has paid for litigation expenses amounting already to One Million Five Hundred Thousand Pesos (PhP 1, 500, 000.00)
13. That by reason of defendant’s unjustified acts as well as
bad faith and intentional refusal to pay his overdue obligation, Plaintiff is entitled to the award of moral damages in the amount of Fifty Thousand Pesos (PhP 50,000.00);
Page 2 of 4 14. That by reason of defendant’s violation and disregard of Plaintiff’s rights, the award of exemplary damages in the amount of Fifty Thousand Pesos (PhP 50,000.00) is likewise prayed for to serve as a deterrent to the commission by the defendants and to others similarly-minded of similar acts in the future.
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most
respectfully prayed of this Honorable Court that, after due hearing, judgment be rendered against the defendant ordering the latter to pay the plaintiff as follows:
1. The amount of TWENTY-FIVE MILLION FOUR
HUNDRED THOUSAND PESOS (P25,400,000.00) representing the unpaid principal obligation as evidenced by the Promissory Note duly executed dated May 3, 2010; 2. The amount of FORTY-FOUR MILLION FOUR HUNDRED FIFTY PESOS (P44,450,000.00) representing the interest of 25% per annum as evidenced also by the Promissory Note duly executed dated May 3, 2010;
3. The amount of FIFTY THOUSAND PESOS (PhP
50,000.00) as and by way of moral damages;
3. The amount of FIFTY THOUSAND PESOS (PhP
50,000.00) as and by way of exemplary damages;
4. Litigation Expenses amounting to ONE MILLION FIVE
HUNDRED TWENTY THOUSAND PESOS (PhP 1, 500,000.00)
Other reliefs just and equitable under the premises are likewise prayed for.
Davao City, December 29, 2019.
DOROTHY DEA T. BOLOFER
Counsel for the Plaintiff Pryce Tower, Pryce Business Park, JP. Laurel Avenue, Davao City Roll No.: 88888 IBP No.: 199488 All dated: June 20, 2019 MCLE Compliance No.: 14-28072017 Telephone No. : (069) 888-8080, Fax No.: (069) 888-8080 Email-address: [email protected]
Page 3 of 4 VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING
I, LUKE DEIDER, American, a resident of 1016 Condominium,
Luzon Avenue, Davao City, Philippines after having been duly sworn in accordance with law depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I caused the preparation of the foregoing Complaint
and I have read the allegations therein and certify that the same are true and correct of my own personal knowledge;
3. That I further certify that I have not commenced any other
action involving the same issues before the Supreme Court, Court of Appeals or any division thereof or any tribunal or agency; and to the best of my knowledge no such action is pending before the Supreme Court, Court of Appeals or any division thereof or any tribunal or agency;
4. That in the event that any action involving the same should be made known, I hereby bind myself to report the same within five (5) days from knowledge thereof to this Honorable Court.
WITNESS WHEREOF, I hereunto set my hand this 29th day of
December, 2019 at Davao City, Davao del Sur, Philippines.
LUKE DEIDER Plaintiff
SUBSCRIBED AND SWORN TO before me this 29th day of
December, 2019 at Davao City, affiant having exhibited to me his Driver’s License with No. 101014178 issued on 04-21-19 at Davao City.
NOTARY PUBLIC
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