Isabelle Lopez filed a complaint against Elias Ortega for collection of 500,000 PHP plus interest that Ortega borrowed from Lopez in January 2020. Despite repeated demands, Ortega failed to repay the principal and interest that became due in January 2021. Lopez is seeking payment of the principal, interest, damages, attorney's fees, and litigation expenses based on supporting documents attached to the complaint.
Isabelle Lopez filed a complaint against Elias Ortega for collection of 500,000 PHP plus interest that Ortega borrowed from Lopez in January 2020. Despite repeated demands, Ortega failed to repay the principal and interest that became due in January 2021. Lopez is seeking payment of the principal, interest, damages, attorney's fees, and litigation expenses based on supporting documents attached to the complaint.
Isabelle Lopez filed a complaint against Elias Ortega for collection of 500,000 PHP plus interest that Ortega borrowed from Lopez in January 2020. Despite repeated demands, Ortega failed to repay the principal and interest that became due in January 2021. Lopez is seeking payment of the principal, interest, damages, attorney's fees, and litigation expenses based on supporting documents attached to the complaint.
Isabelle Lopez filed a complaint against Elias Ortega for collection of 500,000 PHP plus interest that Ortega borrowed from Lopez in January 2020. Despite repeated demands, Ortega failed to repay the principal and interest that became due in January 2021. Lopez is seeking payment of the principal, interest, damages, attorney's fees, and litigation expenses based on supporting documents attached to the complaint.
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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Sixth Judicial Region Branch 32 Iloilo City
ISABELLE LOPEZ CIVIL CASE NO. 21-0123
Plaintiff, For: Collection of sum of money
-versus- ELIAS ORTEGA Defendant.
x---------------------------x
COMPLAINT
COMES NOW, PLAINTIFF, through the undersigned counsel
and unto this Honorable Court, most respectfully states that:
PERSONAL CIRCUMSTANCES
1. Plaintiff ISABELLE LOPEZ is of legal age, single, Filipino,
and a resident of Brgy. Airport Mandurriao, Iloilo City, Philippines where it may be served with summons and other processes of the Honorable Court;
2. Defendant ELIAS ORTEGA is of legal age, married, Filipino,
and a resident of Brgy. Bulilao, Mandurriao, Iloilo City, Philippines where he may be served with orders, notices, and other legal processes of this Honorable Court;
3. On the morning of January 21, 2020, defendant Ortega
borrowed an amount with a total of FIVE HUNDRED THOUSAND PESOS (500,000) from plaintiff Lopez. Defendant promised to pay this amount in full on or before that expiration of the 12 months given by the plaintiff; 4. As part of their agreement, the parties agreed that the principal amount of FIVE HUNDRED THOUSAND PESOS and the 2% interest amounting to TEN THOUSAND PESOS (10,000) shall be payable upon the demand of herein plaintiff. (A copy of the promissory note executed by the herein parties is attached hereto and made an integral part hereof and marked as Annex “A”);
5. That as shown in the attached promissory note, the
indebtedness of the defendant has become due and demandable on January 21, 2021;
6. Despite plaintiff’s repeated demands, both written and verbal,
defendant failed and neglected to fulfill obligations without valid grounds to the continued prejudice of plaintiff, as evidenced by Annex “B” – Demand Letters;
7. To enforce its rights and interests, plaintiff sought the
services of counsel and incurred Sixty Thousand Pesos (Php 60,000.00) as acceptance fee and Five Thousand Pesos (Php 5,000.00) as appearance fee for every hearing as evidenced by Annex “C”- Contract for Legal Services;
8. The plaintiff has paid for litigation expenses amounting to
Thirty Thousand Pesos (Php 30,000) as evidenced by Annex “D”- Official Reciept;
9. The plaintiff has suffered moral damages at the sum
discretion of the Honorable Court;
PRAYER
WHEREFORE it is respectfully prayed before the Honorable
Court to render decision in favor of the plaintiff and order the defendant to pay the following; a. the sum of FIVE HUNDRED THOUSAND PESOS (Php 500, 000) plus interest at the rate of two percent (2%) per month as stipulated in the promissory note;
b. moral damages, exemplary damages at the sum discretion of
the court;
c. attorney’s fee amounting to Sixty Thousand Pesos (Php
60,000.00) as acceptance fee and Five Thousand Pesos (Php 5,000.00) as appearance fee for every hearing;
d. litigation expenses amounting to Thirty Thousand Pesos (Php
30,000).
Plaintiff prays for such other and further reliefs as may be deemed just and equitable under the premises.
Iloilo City for Iloilo City. 25 April 2021.
GANZON LAW OFFICE
Counsel for the Plaintiff 2 Flr., St. Elizabeth Building nd
Gen. Luna St., Iloilo City
By:
ATTY. CONCEPCION GANZON
[email protected] 0912-3456897 IBP No. 011268 (Lifetime), 06/13/19, Pasig City PTR No. 1241986, 01/12/2020, Iloilo City Roll of Attorneys No. 541123 MCLE Compliance No. VI-0014856, 08/26/19 VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING
I, ISABELLE A. LOPEZ, of legal age, single, Filipino, and a
resident of Brgy. Airport, Mandurriao, Iloilo City, Philippines, after having been duly sworn to in accordance with law hereby depose and state that: I am the Plaintiff in the above-entitled case; I caused the foregoing “COMPLAINT” to be prepared; The allegations in the pleading are true and correct based on my personal knowledge and authentic documents; The pleading is not filed to harass, cause any unnecessary delay, or needlessly increase the cost of litigation; The factual allegations therein have evidentiary support or, if specifically so identified, will likewise have evidentiary support after a reasonable opportunity for discovery; I not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein. If there is such other pending action or claim, a complete statement of the present status thereof; and If I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) calendar days therefrom to the court wherein my aforesaid complaint or initiatory pleading has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 24 th
day of April 2021 at Iloilo City, Philippines.
ISABELLE A. LOPEZ PRC No. 002324
The affiant whose name and personal circumstances are stated
above-personally appeared before me this 24 th day of April 2021 in the City of Iloilo presented the foregoing Verification and Certification, signed the same in my presence and affirmed under oath to the correctness of the contents or allegations of the same. The affiant is personally known to me and he exhibited to me his competent evidence of identity appearing below her name.
Doc. No. 5; Page No. 2; Book No. 1; Series of 2021.
