Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch UV
Cebu City

HANSEL R. JALALON,
Plaintiff

CIVIL CASE NO. P 12-15-PG

For Sum of Money with Prayer
for Writ of Attachment

- versus -

MARC REYES
Defendant
x-----------------------------------------x

COMPLAINT
PLAINTIFF, by counsel and to this Honorable Court respectfully
alleges:

PARTIES
That the Plaintiff, Hansel R. Jalalon, is a Filipino citizen, of
legal age, single and a resident of Upper Level, 2 rd Door
Vailoces Apartment, Rahmann Extension, Gorordo Avenue
Cebu City where she may be served with copies of
notices, orders and other papers of this Honorable Court;

2.

That defendant, Marc Reyes, is Filipino, of legal age,

single and a resident of Door 1 Ground Floor, T. Padilla
Street Cebu City where she may be served with copies of
notices, orders and other papers of this Honorable Court;

Page 1 of 6

1.

FACTS OF THE CASE

3.

That sometime in January 2005, defendant obtained

construction materials from the plaintiff in the total amount
of P500,000.00 as evidenced by the Purchase Order,
Delivery receipt which are hereto attached as Annexes A
and B hereof;

4.

That as payment of the said construction materials,

defendant issued a post-dated check and represented that
the same will be covered by sufficient funds on its maturity
dates. Copy of the check are hereto attached as Annex C
hereof;

5.

That on its maturity date, the said check was dishonoured

by the drawee bank upon presentment for payment for
reason ACCOUNT CLOSED, as evidenced by the notice
of dishonor issued by the bank which is hereto attached as
Annex D hereof;

6.

That despite repeated demands orally and in writing,

defendants refused and continuously refusing to make
good the said bounced checks or pay the construction
materials to the damage and prejudice of herein plaintiff.
Copy of the demand letter is hereto attached as Annex E
hereof;

7.

That as a result of the unwarranted and unjustifiable

refusal of the defendants to pay the said construction
materials or make good said check, plaintiff suffered
sleepless nights, serious anxiety in which he should be
awarded the amount of P100,000.00 as moral damages,
and to set an example to the public, plaintiff should be
awarded exemplary damages un the amount of
P100,000.00;

Page 2 of 6

ALLEGATIONS IN SUPPORT FOR THE

ISSUANCE OF WRIT OF PRELIMINARY
ATTACHMENT

Plaintiff re-pleads all the foregoing averments by way of

reference and in so far as they are relevant and material to its
application for the issuance of a writ of Preliminary Attachment;
8.

A sufficient cause of action exists against the defendant;

9.

The defendant are guilty of fraud in contracting and in the

performance of their obligation as manifested by
defendant, Marc Reyes, who represented himself as a
credible businessman and financially capable of paying his
obligation, when in truth and in fact, he is not, and the
fraudulent scheme becoming more evident when despite
demands, he failed and refused to settle without justifiable
ground his just and demandable obligation;

10. There is no sufficient security for the claim sought to be

enforced by the present action;
11. The amount due to the plaintiff in the above-entitled case
is P500,000.00, excluding legal fees and other charges as
of to date for which amount, an order of attachment is
being sought above all legal counterclaims against the
Defendants;
12. Plaintiff is ready and willing to give a bond to be fixed by
this Honorable Court, executed to the defendant, to
answer for all costs which may be adjudged to the latter,
and all damages which defendant may sustain by reason
of the attachment prayed for, if the court shall finally
adjudge that Plaintiff is not entitled thereto.

PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed unto this Honorable Court that, after hearing, judgment be
rendered as follows:

Page 3 of 6

1. An order of attachment be immediately issued by this

Honorable Court, requiring the sheriff to attach properties
of the Defendants which are not exempt from execution or
so much thereof as may be sufficient to satisfy Plaintiffs
demand which is in the total amount of P500,000.00; and
after hearing;
2. Judgment be rendered ordering the defendant to pay
plaintiff the amount of P500,000.00, representing unpaid
account excluding legal fees and other charges as of to
date;

3. Ordering the defendants to pay the plaintiff the amount of

P100,000.00 as moral damages, and P100,000.00 as
exemplary damages;
4. P50,000.00 by way of Attorneys fees and P2,500.00 as
per appearance fee and costs of suit;
5. Ordering the defendants to pay the costs of suit.
6. Other reliefs which are just and equitable are likewise
prayed for.
IN WITNESS WHEREOF, I have hereto have hereby set their
hands on the 31th day of March 2005, in Cebu City, Cebu Philippines.

Page 4 of 6

ATTY. MARC GRETEL R. MADANGUIT

COUNSEL FOR THE PLAINTIFF
Ground Flr, 1st Dr, V. Villa Estrella Apartment,
Rahmann Ext., Gorordo Avenue, Cebu City
ROLL NO. 48511 / 24 Jan 2005
IBP Lifetime Roll No.: 816036/ 25 Jan 2005
MCLE Compliance No. III-0319 / 8 Aug 2010
PTR No. 1234 / Cebu City / 01-25-2005

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING
I, HANSEL R. JALALON, of Legal age, single, Filipino Citizen
and a resident of Upper Level, 3 rd Door Vailoces Apartment,
Rahmann Street, Gorordo Avenue Cebu City, after being sworn
according to law, hereby depose and state that;
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis
of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable
Court.

HANSEL R. JALALON
Affiant

Page 5 of 6

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public

in and for the Province of Cebu this 31 th day of March 2005. Affiant
personally came and appeared with her Professional Regulations
Commission ID Number 128-957-320 issued by Professional
Regulations Commissions Office of the Province of Cebu on January
24, 2010 at Cebu City, bearing her photograph and signature, known
to me as the same person who personally signed this foregoing

instrument before me and avowed under the penalty of law to the

whole truth and contents of the said instrument.

Page 6 of 6

Doc. No. 321

Page No. 3
Book No. 567
Series of 2015

ATTY. JUAN ISMAEL DE LA CRUZ

Ground Flr, 1st Dr, Vailoces Apartment, Rahmann
Street, Gorordo Avenue, Cebu City
COMMISSION NO.: 1234-1234
NOTARY PUBLIC for Cebu City
UNTIL December 31, 2018
OFFICE: Big Bldg, Door 308, Cebu City
ROLL NO. 48511 / 24 Jan 2005
IBP Lifetime Roll No.: 816037/ 25 Jan 2005
MCLE COMPLIANCE No. III-004319 / 10 Aug 2018
TIN 128-957-329