Republic of The Philippines First Judicial Region Municipal Trial Court Branch 69 Sta. Barbara, Pangasinan

REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION MUNICIPAL TRIAL COURT Branch 69 Sta.
Barbara, Pangasinan
MYRNA BANDA AND SPOUSES JOHN PRATTS AND IMELDA PRATTS, Plaintiffs -versus08869 OF SPOUSES UMBERTO MANAOIS MONEY AND FREDA MANAOIS, Defendants Civil Case No. SBFOR: COLLECTION SUM OF
x------------------------------------x COMPLAINT
COMES NOW the plaintiffs by and through the undersigned attorney, for causes and grounds herein pleaded and set forth and unto this Honorable Court, most respectfully avers: 1. The Plaintiffs are of legal ages, Filipino citizens, married and with residence at Vancara, Sta. Barbara, Pangasinan, and within the jurisdiction of the Honorable Court; 2. The Defendants Spouses Umberto Manaois and Freda Manaois are also of legal ages, Filipino citizens, married and with residence at Gueguesangen, San Fabian, Pangasinan, at which given address the above-named Defendants may be served with summons, writs, orders and other processes of this Honorable Court; 3. That on July 20, 2001, the Defendants were introduced by plaintiff-spouses John Pratts and Imelda Pratts to co-plaintiff Myrna Banda and obtained an initial loan of P20,000.00, payable in one month and secured by a check; 4. That on August 22, 2001, an additional loan of P20,000.00, payable on December 21, 2001 and replaced the original check then issued a new one amounting to the lump sum amount of P40,000.00; 5. That prior to December 21, 2001, Defendants, through Imelda obtained additional loans from Myrna as follows: on September 17, 2001-P10,000.00, on September 29, 2001P10,000.00, on October 6, 2001- P20,000.00, on October 22, 2001- P10,000.00 and on October 31, 2001- P5,000.00, bringing their total loan of P95,000.00; 6. That the Defendants and plaintiff-spouses mutually agreed that the latter will pay the monthly interest at P4,500.00 to Myrna;
7. That when the loan was due and demandable, no single payment was ever made by the Defendants and by virtue of honor Imelda religiously paid the total interest to Myrna the sum of P85,000.00; 8. That on March 31, 2002, the defendant Umberto Manaois issued to Myrna a check amounting to P95,000.00 covering the entire obligations in lieu of the check amounting to P40,000.00 previously issued; 9. That the Defendants were required to provide a collateral for their obligation due to breach of promise to replace the check amounting to P95,000.00 issued; 10. That the collateral contains the promissory note executed on July 2, 2003, to wit:
For the value received, WE, SPS. Umberto Manaois and Freda Manaois both of legal age, Filipinos and resident of Brgy. Gueguesangen, San Fabian, Pangasinan, promise to pay to the Order of SPS. Imelda Pratts and John Pratts, both of legal age, Filipinos, and residents of Brgy. Vancara, Sta. Barbara, Pangasinan, the sum of ONE HUNDRED EIGHTY THOUSAND PESOS (P180,000.00), on or before October 2, 2003. In case of Court litigation, the makers hereof promise to pay interest, penalties and attorneys fees equivalent to 25% of the principal sum and that the same shall be filed before the Municipal Trial Court of Sta. Barbara, Pangasinan. Demand is hereby waived.
In support hereof, copy of the foregoing Promissory Note is attached hereto and incorporated as integral part hereof as Annex A; 11. That the Plaintiffs issued a two Demand Letters-dated December 4 and 16, 2003 against the Defendants are attached hereto and adopted as indispensable parts hereof as Annexes B and C, respectively; and 12. That in addition to the Demand Letters issued, a complaint before the Barangay Captain of Gueguesangen, San Fabian, Pangasinan for conciliation/mediation but no to avail, thus, the issuance of Certificate to File Action is attached hereto and adopted as indispensable part hereof as Annex D. PRAYER WHEREFORE, in view of the foregoing and in the interest of justice, it is most respectfully prayed unto this Honorable Court that after due hearing, a Decision be rendered in favor of the Plaintiffs and against the Defendants as follows, to wit: a. Ordering the Defendants to pay the following amounts: 1. P95,000.00 as the principal loan amount in favor to Myrna Banda; 2. P85,000.00 as the interest accommodated by Spouses Imelda Pratts and John Pratts to Myrna Banda; 3. P21,250.00 as interest on interest (P85,000*25%); 4. P50,000.00 as Attorneys fees; and
5. Cost of suit. Other reliefs that are just, equitable, available and reasonable under the foregoing premises are likewise prayed for by the herein Plaintiffs. San Manuel, Pangasinan this 1st day of July 2013.
JUAN CARLO A. TAMBIO Attorney for the Plaintiffs
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES PROVINCE OF PANGASINAN MUNICIPALITY OF SAN MANUEL ) ) s.s. )
We, MYRNA BANDA AND SPOUSES JOHN AND IMELDA PRATTS, the plaintiffs in this case, have caused the preparation of the complaint; we have read the material and relevant allegations therein contained are true and correct of our personal knowledge. 1. We are the plaintiffs in the above-entitled case; 2. That We have caused the preparation of the foregoing COMPLAINT and have read the allegations contained therein; 3. The allegations in said answer are true and correct of our own knowledge and based on authentic records; 4. We hereby certify that We have not commenced any other action or proceeding involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of our knowledge, no such other action or claim is pending therein; 5. If We should thereafter learn that a similar action or proceeding has been filed or is pending, We hereby undertake to report that fact within five (5) days therefrom to the court or agency where the original pleading and sworn certification contemplated herein have been filed; 6. We executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court. MYRNA BANDA PRATTS Affiant Affiant TIN No. 969421356 PhilHealth No. 436188 Issued on Jan. 8, 2012 on June 23, 2012 Issued at Dagupan City Affiant SSS No. 321901333 Issued on May 15, 2008 Issued at Manila Issued Issued at JOHN PRATTS IMELDA
Dagupan City SUBSCRIBED AND SWORN to before me in the Municipality of San Manuel, Pangasinan this 1st day of July 2013 by Myrna Banda and Spouses John Pratts and Imelda Pratts, personally known to me, who are the same person who personally signed before me the foregoing complaint and acknowledged that they executed the same. JUAN CARLO A. TAMBIO NOTARY PUBLIC San Manuel, Pangasinan IBP No.: 123456 PTR No.: 888888 MCLE No.: 9090909 Roll No.: 090788 Expires on: December 31, 2015 Doc. No. 1; Page No. 2; Book No. III; Series of 2013.

Republic of The Philippines First Judicial Region Municipal Trial Court Branch 69 Sta. Barbara, Pangasinan

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Republic of The Philippines First Judicial Region Municipal Trial Court Branch 69 Sta. Barbara, Pangasinan

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REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION MUNICIPAL TRIAL COURT Branch 69 Sta.

JUAN CARLO A. TAMBIO Attorney for the Plaintiffs

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

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