Republic of the Philippines
REGIONAL TRIAL COURT
3rd Judicial Region
Branch 101
Casiguran, Aurora
Giovanna Costello,
plaintiff
FOR: COLLECTION OF SUM
OF MONEY
- versus -
Ray Mond, defendant
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COMPLAINT
COME NOW PLAINTIFF GIOVANNA COSTELLO, thru
the undersigned counsel, unto the Honorable Court respectfully avers,
that:
I
Parties to the case
1. Plaintiff Giovanna Costello is a Filipino of legal age, single
and a resident of Barangay Bianoan, Casiguran, Aurora,
Philippines, where he may be served with summons and
other court processes;
2. Defendant Ray Mond is likewise a Filipino of legal
age,single and a resident of Barangay Zabali, Baler, Aurora,
Philippines, where she may be served with summons and
other court processes;
II
Complaint
Statement of Ultimate Facts
Page 2 of 5
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1. On July 9,2022, the
defendant
borrowed
money
from the plaintiff amounting
to
FIVE HUNDRED A N D O N E
THOUSAND PESOS (PHP 501,000.00)
payable within a period of one year;
2. Plaintiff granted the said loan and gave the defendant
FIVE
HUNDRED
AND
ONE
THOUSAND
PESOS;
3. Plaintiff asked defendant to execute and sign a promissory
note specifying the amount loaned and the one-year
maturity date;
4. Upon the maturity of the loan and Plaintiff’s demand,
Defendant was not able to pay the said loan;
5. However, the Defendant failed to pay her monetary
obligation when it became due and demandable on July 9,
20. Repeated verbal demands, were made by the Plaintiff but
Defendant continuously failed to make good of her
obligation to pay;
6. In view of Ray’s refusal to settle his indebtedness,
plaintiff caused his lawyer to send a demand letter
requesting for the settlement of Defendant Ray’s
indebtedness in the amount of FIVE HUNDRED AND
ONE THOUSAND PESOS (PHP
501,000.00) within ten (15) days upon receipt thereof;
7. In spite of both written and oral demands made by Plaintiff
Giovanna, Defendant Ray still ignored the same and
refused to settle her indebtedness;
8. Hence, this Complaint for Collection of Sum of Money.
Damages
9. Due to the refusal of the Defendant to settle her
indebtedness despite repeated written and oral demands,
herein Plaintiff was made to incur litigation expenses in the
amount of ONE HUNDRED AND NINE THOUSAND
PESOS (PHP 109,000.00), which
includes the filing fees, court fees and other litigation
expenses;
Complaint
Page 3 of 5
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10. So as to prosecute the present case, Plaintiff was forced to
engage the services of counsel to vindicate his rights thereby
committing himself to pay legal expenses amounting to
FIFTY THOUSAND PESOS (PHP 50,000.00) and
obligated himself to pay his counsel SEVEN THOUSAND
PESOS (PHP 7,000.00)
per hearing;
11. The Plaintiff has suffered moral damages because of the
continuous refusal of the Defendant to pay her obligation. The sum will
be at the sole discretion of the court.
III
PRAYE
R
Complaint
Page 4 of 5
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WHEREFORE, it is respectfully
prayed that,
1. After trial, that an order be issued for the payment of the
entire debt of FIVE HUNDRED A N D O N E
THOUSAND PESOS (PHP 501,000.00).
2. After trial, that an order be issued Ordering the defendant to
pay the cost of this suit.
3. After trial, that an order be issued ordering the defendant to
reimburse plaintiff the amount of PHP 50,000.00 and per
appearance fee of PHP 2,500.00 per hearing that plaintiff
incurred and will incur for the legal services needed in
pursuing the present case.
Plaintiff likewise prays for such other and further relief or reliefs as
this Honorable Court may deem just and equitable in the premises.
Casiguran, Aurora, Philippines. July 20, 2023.
SIERRA CORDILLERA M. DIGMA
Counsel for the Plaintiff
Roll No. 80999
IBP Lifetime No. 609099
MCLE Compliance Certificate No. IV-1234567
DIGMA LAW OFFICE
2nd Floor, Kaisahan Bldg.
Baler, Aurora
VERIFICATION with CERTIFICATION OF NON-FORUM SHOPPINGING
I,GIOVANNA COSTELLO, of legal age, Filipino, single and a resident of Barangay
Bianoan, Casiguran, Aurora, after having been duly sworn to in accordance with law do
hereby depose and state THAT –
1.I am the Plaintiff/Petitioner in the instant case;
2.I have caused the preparation of the foregoing Complaint/Petition and that based on
my own personal knowledge and authentic records, the facts stated therein is true and
correct;
3.The pleading is not filed to harass, cause unnecessary delay, or needlessly increase
the cost of litigation: and
4.The factual allegations therein have evidentiary support (or will likewise have
evidentiary support after a reasonable opportunity for discovery).
5.I hereby certify that no petition or proceeding of a similar nature has been filed with
any office, court or with the Court of Appeals or the Supreme Court or any government
agency or instrumental for that matter, and should I learn of any such case being
pending or filed with such agencies or courts abovementioned, I undertake to
inform the Honorable Court or any government instrumentalities having jurisdiction of
this case of the existence or pendency of such proceeding or action, within five (5) calendar
days from knowledge of such fact.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th
Day of July, 2023 in Casiguran, Aurora,Philippines.
GIOVANNA COSTELLO
Plaintiff
SUBSCRIBED AND SWORN TO BEFORE ME this 20th Day of July, 2023 in
Casiguran, Aurora affiant exhibited to me her driver’s license as her competent evidence of
identity. WITNESS MY HAND AND NOTARIAL SEAL on the day, year and place first abovementioned.
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2021