Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 26, Cebu City
LUKE DEIDER
Plaintiff
CIVIL CASE NO. _____
For: Collection of a Sum
Money with Damages
-versus-
of
ARIANNE SANTOS and
SURIGAO ISLAND SALES
CORPORATION (SISC)
Defendant
X - - - - - - - - - - - - - - - - - - - - - - - - - - -X
COMPLAINT
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, Cebu Business Park, Cebu 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
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is a creditor of SISC for brevity for a sum of money amounting to
Twenty-five Million Four Hundred Thousand Pesos
(PhP25,400,000.00), among others, and made an undertaking that a
Promissory Note in favor of plaintiff shall be executed 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 was
to become 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 (P69, 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
4,500,000.00) 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 Six Million Three Hundred Twenty
Thousand Pesos (PhP 6,320,000.00)
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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
One Million (P1,000,000.00);
14. That by reason of defendant’s violation and disregard of
Plaintiff’s rights, the award of exemplary damages in the amount of
One Million (P1,000,000.00) is likewise warrant 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 ONE MILLION PESOS (P1,000,000.00)
as and by way of moral damages;
3.
The amount of ONE MILLION PESOS (P1,000,000.00)
as and by way of exemplary damages;
4.
Litigation Expenses amounting to SIX MILLION THREE
HUNDRED TWENTY THOUSAND PESOS (PhP 6,320,000.00)
Other reliefs just and equitable under the premises are likewise
prayed for.
Cebu City, December 11, 2017
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SABDULLAH VILLABLANCA ESCANO DAYAGBIL LAW
(SVEDLAW)
Counsel for the Plaintiff
SVEDLAW TOWER, Cebu Business Park (Ayala), 6000, Cebu City
Roll No’s. 76430; 76431; 76432;7624
IBP No’s. 352980; 342149; 198260; 102879
All dated: March-02-05
MCLE Compliance No’s.11-02432527, 12-03045727, 13-20143817,
14-43043587
Telephone No. : (032) 253-4990, Fax No. : (032) 254-3497
Email-address: SVEDLAW@gmail.com
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VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
I, LUKE DEIDER, American, a resident of 1016 Condominium,
Luzon Avenue, Cebu Business Park, Cebu 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 __11th _ day
of December, 2017 at Cebu City, Cebu, Philippines.
LUKE DEIDER
Plaintiff
SUBSCRIBED AND SWORN TO before me this __11th_ day
of December, 2017 at Cebu City, affiant having exhibited to me his
Driver’s License with No. 14389047 issued on 04-21-15 at Cebu City.
NOTARY PUBLIC
Doc. No._____
Page No. ____
Book No. _____
Series of _____
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