REOUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 416-A
BAGUIO CITY

ATTY. JENNA C. MOLINA,

Plaintiff Civil Case No.: ____________
FOR: Collection of Sum of
-versus- Money with Application for
Writ of Preliminary
NORMAN D. FERMIN, Attachment
Defendant
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COMPLAINT

Plaintiff, through the undersigned counsel, unto this

Honorable Court, hereby respectfully avers that:

Common Allegations

1. Plaintiff is of legal age, Filipino, married, and a resident of

#12 Victoria Village, Quezon Hill, Baguio City and is the
Manager of Asia Link Finance Corporation, located in
Bokawkan Road, Baguio City.

2. Defendant is also of legal age, married, Filipino, and a

resident of #420 Military Cut-Off Rd., Baguio City,
Philippines where summons and court processes may be
served;

Cause of Action

3. On January 1, 2017, the defendant borrowed from the

plaintiff a sum of money amounting to Three Million Two
Hundred Thousand Pesos (Php 3,200,000.00) with the
following terms and conditions:

a. The loan shall be fully paid on January 1, 2018;

b. The principal loan may be paid either in cash or
check at the end of the 12-month term of said loan
agreement;

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 c. The principal loan shall incur an interest of ten per
centum (10%) per annum; and
d. The principal loan shall incur a five per centum (5%)
penalty for delay;
A copy of the loan agreement is attached hereto as Annex
“A”, forming an integral part of this complaint;
4. In recognition of defendant’s obligation in favor of plaintiff,
the former issued a postdated check in favor of the latter
for said loaned amount. A copy of which is attached hereto
as Annex “B”;

5. When the postdated check was presented for payment

when it fell due, the same was dishonored by the bank for
insufficiency of funds;

6. Plaintiff immediately asked the defendant to make good

his obligation thereafter, but despite several demands,
verbal and written, coming from the plaintiff, the
defendant still failed to settle his obligation. Photocopy of
the written demand letter dated March 2, 2018 is
attached hereto as Annex “C”;

7. The continued refusal of the defendant to settle his

account prompted the plaintiff to bring the matter to the
barangay authorities of Military Cut-Off Road, Baguio City
on June 24, 2018. A Certificate to File Action, a copy of
which is attached hereto as Annex “D”, was subsequently
issued for failure of the parties to come to an agreement;

8. In view of defendant’s refusal to pay, plaintiff was

constrained to litigate and file this action and in order to
enforce plaintiff’s rights and protect her interests, the
plaintiff has sought the services of legal counsel with
attorney’s fees amounting to One Hundred Thousand
Pesos (Php 100,000.00);

9. By reason of defendant’s unjustified acts and intentional

refusal to pay his overdue obligation causing distress to
the plaintiff, the plaintiff is entitled to the award moral
damages in the amount of Fifty Thousand pesos (Php
50,000.00);

10. By reason of defendant’s disregard of the plaintiff’s rights,

the award of exemplary damages in the amount of Fifty
Thousand pesos (Php 50,000.00) is likewise warranted to

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 serve as a deterrent to the commission of the defendant and
to others similarly minded of similar acts in the future.

Application for Preliminary Attachment

Plaintiff repleads the foregoing allegations and further alleges
that:
11. Plaintiff has sufficient cause of action against the
defendant regarding the amount loaned which arose from
the loan agreement executed between them;

12. The amount loaned is already due and demandable and

defendant failed to give plaintiff any form of security for
said amount;

13. Defendant, despite having several properties under his

name, has removed or disposed of his properties, or is
about to do so, with the intent to defraud his creditors,
including plaintiff, thereby rendering ineffective any
money judgement that this Honorable Court may render
in this present case;

14. Plaintiff is willing to put up a bond for the issuance of the

writ of preliminary attachment in an amount to be fixed by
this Honorable Court but shall not be greater than Three
Million Two Hundred Thousand Pesos (Php 3,200,000.00),
which is the amount of plaintiff’s claim.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most
respectfully prayed of this Honorable Court, after due hearing,
judgment be rendered in favor of the plaintiff and against the
defendant, as follows:

1. That a writ of preliminary attachment be issued pursuant

to Rule 57 of the Rules of Court;

2. That defendant be ordered to pay plaintiff the amount of

THREE MILLION TWO HUNDRED THOUSAND PESOS,
representing the principal amount of the loan, plus
interest at the rate of ten per centum (10%) per annum
from March 2, 2018 until the principal amount due is fully
paid, plus five per centum (5%) per annum on the
aforesaid interest due from the filing of this complaint
until the principal amount is fully paid;

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 3. Defendant to pay the amount of P50,000.00 as and by way
of moral damages;

4. Defendant to pay he amount of P50,000.00 as and by way

of exemplary damages;

5. Defendant to pay the amount of P100,000.00 as attorney’s

fees and costs of the suit.

Other reliefs just and equitable under the premises

are likewise prayed for.

Baguio City, August 16, 2019.

HRD LAW FIRM

Collaborating Counsel for the Plaintiff
U533, Brgy. Lualhati, I. Villamor Drive, Pacdal Circle,
Gibraltar, Baguio City
Contact No.: 09271638704/09123448361
Fax No.: 1622-3550
Email Address: HRD@gmail.com

By:

ATTY. ROAN JILL E. HABOC

Roll of Attorneys No. 074589
IBP No. 110394; 08-05-2019; Baguio City
PTR No. 2081673; 08-04-2019; Baguio City

ATTY. JOHN HENRY C. ROMERO

Roll of Attorneys No. 060119
IBP No. 121694; 7-10-2019; Baguio-Benguet Chapter
PTR No. 158115; 7-10-2019; Baguio City

ATTY. MARIANNE REINA BALTAN DUMPAYAN

Roll of Attorneys No. 1731414
IBP No. 178910; 7-1-2019; Baguio City
PTR No. 111213; 7-1-2019; Baguio City

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REPUBLIC OF THE PHILIPPINES)
BAGUIO CITY, PHILIPPINES) S.S.
x-------------------------------------------x

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, Atty. Jenna Molino, Filipino, of legal age with address at

#12 Victoria Village, Quezon Hill, Baguio City after having been
duly sworn on accordance with law depose and say that:

1. I am the plaintiff in the above-entitled case;

2. 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. 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. If 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 16th

day of August 2019 at Baguio City, Philippines.

ATTY. JENNA C. MOLINO

Affiant
Roll No. 76430
IBP No. 352980; 1-2-2008; Baguio City
PTR No. 5924763; 1-12-2019; Baguio City
MCLE Compliance No. VII-00432597; July 2019

SUBSCRIBED AND SWORN TO before me this 16th day of

August 2019 affiant having exhibited to me her IBP ID having
IBP no. 352980 issued on January 2, 2008 at Baguio City.

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 I HEREBY CERTIFY that I personally examined the
affiant and I am satisfied that she voluntarily executed and
understood her declaration on the place and date above written.

ATTY. MARIANNE DOMALANTA

Notary Public for Baguio City
Notarial Commission No. NA-NC-3-NEW-19
Until December 31, 2021
Roll No. 2120198; May 10, 2017
PTR No. 2101187; 01/11/2019; Baguio City
IBP Membership No. 416-00-2120198; Baguio-Benguet
Chapter
Suite 507, National Life Building, Session Road, Baguio City

Doc. No. 3
Page No. 4
Book No. 1
Series of 2019

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