Republic of the Philippines

MUNICIPAL TRIAL COURT IN THE CITIES

Sixth Judicial Region
Branch_____, Bacolod City

LIZA C. PANTEROS
Plaintif

Civil Case. No.

For: Sums of Money

-versusANNIE B. TOCUN
Defendant
x---------------------------------------x

COMPLAINT FOR COLLECTION

PLAINTIFF, through counsel and to this Honorable Court, most respectfully

states;

I
Plaintiff LIZA C. PANTEROS is a Filipino, of legal age, married to JOSE B.
PANTEROS, and a resident of 18th Rosario Heights, Brgy. Camingawan, Bacolod City,
Negros Occidental where she may be served with legal processes and judicial
notices issued by this Honorable Court;

II
Defendant ANNIE B. TOCUN is a Filipino, of legal age, and resident of No.
21 Alta Vista Subdivision, Brgy. Singcang, Bacolod City, Negros Occidental, and may
be served with summons and other court processes thereto.

III
That sometime on August 8, 2009, Defendant borrowed money in the amount
of Six Hundred Thousand Pesos (Php 600,000.00) to the Plaintiff, with a promissory
note being executed and personally signed by Defendant in Plaintiffs favor after
personally receiving the amount loaned. A copy of the said promissory note is
attached herewith as Annex A, and made an integral part of this complaint.

IV
The said promissory note contains the following facts:

AUGUST 8, 2009

RECEIVED THE AMOUNT OF SIX HUNDRED THOUSAND PESOS (Php 600,000.00) AS LOAN
FROM LIZA C. PANTEROS PAYABLE ON OR BEFORE AUGUST 8, 2O10.

(Signed)
ANNIE B. TOCUN

V
That

when

this

aforementioned

promissory

note

become

due

and

demandable, Plaintiff exert peaceful and earnest effort by means of repeated oral
demand for payment, but despite repeated demand, both oral and written,
Defendant failed or has refused to pay any amount to the Plaintiff.

VI
In accordance with the law, Plaintiff resort to Barangay Concilation by filing a
complaint before the Office of the Punong Barangay of Barangay Camingawan, but
all efforts of the latter proved futile, as Defendant willfully failed to appear after due
notice or summon, thus, constraining the Barangay to issue a Certification To File
Action of which a copy of said certificate is attached hereto as Annex B, and
incorporated to this complaint.

VII
By reason of Defendants unreasonable failure or refusal to pay his
demandable obligation, Plaintiff was forced to engage the services of the
undersigned counsel wherein the amount of Thirty Thousand Pesos (Php 30,000.00)

was agreed as attorneys fee and Two Thousand Pesos (Php 2,000.00) per
appearance.

VIII
Consequently, Plaintiff through this counsel and by way of registered mail
sent a final demand letter dated July 8, 2011 demanding the Defendant to pay her
loan. Nevertheless, Defendant adamantly ignored such final demand by continuing
her failure or refusal to pay the long defaulted obligation. A copy of the final
demand letter is hereinto attached as Annex C to add more veracity to this action.

WHEREFORE, Plaintiff respectfully prayed that after due hearing, the

following judgment be rendered in her favor:
1. Ordering the Defendant to pay the borrowed money in the amount of Six
Hundred Thousand Pesos (Php 600,000.00) plus legal interest as Actual
Damages;
2. To pay the Plaintiff the amount of Thirty Thousand Pesos (Php 30,000.00)
as attorneys fee, and Two Thousand (2,000.00) Pesos per court
appearance;
3. And, to pay the costs of suit and the expenses of litigation.

Plaintiff prays for such other reliefs which are equitable and just under the
premises.

Bacolod City, January 23, 2012.

DEFENSOR & ASSOCIATES LAW FIRM

Counsel for the Plaintif
Door 3, Therese Arcade, Bacolod City
Tel. No. 433-144/09215937965
By

ATTY. NIEL S. DEFENSOR

DEFENSOR & ASSOCIATES
Door 3, St. Therese Arcade, Bacolod City
Tel. No. 433-144/09215937965
Commission No.0126789-2/4/2013-Bacolod City;
Appointment No. 0912871-3/8/2013-Bacolod City
Roll of Attorney No. 421187;
PTR No.0012898-2/5/2013-Bacolod City;
IBP No.007681-2/08/2013-Bacolod City;
MCLE Compliance No. 841078-3-7-2013;

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Liza C. Panteros, of legal age, after having been duly sworn, depose and
state that:
That I am the Plaintif in the foregoing Complaint for Collection of
Money, and I caused the
preparation of the Complaint, which I have fully read and understood.
That I hereby affirm that all factual allegations contained in said Complaint
are true and correct of my own personal knowledge and belief, as well as true and
correct on the basis of authentic documents and records in my possession.
I certify the same, that I have not heretofore commenced any action or filed
any claim involving the same issues in any court, tribunal, or quasi-judicial agency.
That, if I should hereafter learn that any other similar action or claim has
been filed or is pending, I shall report that fact within five (5) days from knowledge
thereof to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 24 th day of
January 2012 at Bacolod City, Philippines.

LIZA C. PANTEROS
Plaintiff
SUBSCRIBED AND SWORN to before me this 24th day of January, 2012 at
Bacolod City Philippines and that the affiant exhibiting to me her Passport No. II129844-088003 issued at Iloilo City, Philippines on December 6, 2010 and his SSS
ID No. XYD-008153-780 issued at Bacolod City on September 26, 2011
Subscribing Officer:

ATTY. NIEL S. DEFENSOR

Legal Counsel /Notary Public for Bacolod, Silay, and Bago
DEFENSOR & ASSOCIATES LAW FIRM
Door 3, St. Therese Arcade, Bacolod City

Tel. No. 433-144/09215937965

Commission No.0126789-2/4/2013-Bacolod City;
Appointment No. 0912871-3/8/2013-Bacolod City
Roll of Attorney No. 421187;
PTR No.0012898-2/5/2013-Bacolod City;
IBP No.007681-2/08/2013-Bacolod City;
MCLE Compliance No. 841078-3-7-2013;

Doc. No.__________;
Page No._________;
Book No._________;
Series of 2012
Republic of the Philippines
REGIONAL TRIAL COURT
Sixth Judicial Region
Branch_____, Bacolod City

LIZA C. PANTEROS
Plaintif

Civil Case. No.

For: Sums of Money

-versusANNIE B. TOCUN
Defendant
x---------------------------------------x
ANSWER WITH SPECIAL AFFIRMATIVE DEFENSE AND COUNTERCLAIM

COME NOW DEFENDANTS, by the undersigned counsel, and unto this

Honorable Court most respectfully aver,
I
That the Defendant admits the allegation set forth in Paragraph I of the
Complaint;

II
That Defendant likewise admits the allegation set forth in Paragraph II
thereof;

III
That Defendant acknowledges that she borrowed from the Plaintiff, and that
she recognized the authenticity of the promissory note and the validity of its

content, and that she personally executed the same for and in favor of the Plaintiff
as contained in the averments of Paragraph III and IV of the Complaint;

IV
That at the same time Defendant admits that the Plaintiff repeatedly made
oral demand as adverted in Paragraph V of the Complaint, but Defendant
specifically denies that she failed or has refused to pay any amount to the Plaintiff
as further explained in the Affirmative Defense;

V
In Paragraph VI of the Complaint, Defendant admits each allegation contained
therein;

VI
That Defendant is without knowledge or information to form a belief as to the
truth or falsity of the averments made in Paragraph VII of the Complaint, and thus
deny the same upon that ground;

VI
As stated in Paragraph VIII of the Complaint, Defendant admits that she
received such Demand Letter, that in addition, Defendant through the undersigned
counsel sent a reply letter to the Plaintiff explaining that the obligation was already
extinguished by the payment made by the Defendant through her agent Ms. Maria
C. Panteros, as elaborated further in Affirmative Defense;

As and by way of SPECIAL AFFIRMATIVE DEFENSE, Defendant alleges:

VII
Plaintiff has NO CAUSE OF ACTION against Defendant ANNIE B. TOCUN, the
Obligation was Extinguished by Payment made by the Defendant on August 20,
2011 at the residence of the Plaintiff on the address given above thru Plaintiffs

agent Ms. Josefa Panteros, who during the transaction for payment presented a
Special Power of Attorney granting her legal right to collect debt and received
payment on Plaintiffs behalf.

VIII
That the aforementioned Plaintiffs agent, Ms. Josefa C. Panteros, is also a
sister of the Plaintiff who live with her, and is publicly known as an agent of the
Plaintiff during that period, and on one occasion was personally introduced by the
Plaintiff to the Defendant as an authorized person to receive payment in her behalf
in case the Plaintiff will be out of the country.

IX
That Ms. Josefa C. Panteros personally received in cash the amount of Seven
Hundred Fifty Thousand Pesos (Php 750,000.00) and executed a Receipt of Payment
when the Defendant came to the house of her creditor to settle the obligation, a
copy of said receipt is attached herewith as Annex-A forming part of this answer.

X
Moreover,