For Collection of Sum of Money PDF

Republic of the Philippines
METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch ____, Quezon City
NAPOLEON C. GATMAITAN
Plaintiff,
-versus- CIVIL CASE NO. _____

For: Collection of a Sum of
EDGARDO S. SANTOS Money
Defendant.
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COMPLAINT
PLAINTIFF, thru the undersigned Counsel, unto this Honorable

Court, respectfully alleges:
1. That Plaintiff is of legal age, Filipino, married to Nancy A.

Gatmaitan, and with residence at # 11 Bohol St., Barangay Horseshoe,
Quezon City;
2. That Defendant is likewise of legal age, Filipino, married

and with residence at # 15 Bohol St., Barangay Horseshoe, Quezon
City, where he could be served with summons and other processes of
the Court;
3. That the above-named spouse of Plaintiff is the erstwhile

business partner of the defendant from year 2007 to 2009;
4. That in the course of their business, the plaintiff’s spouse

made financial contributions through the request and assurances of
the defendant that such amount will be repaid. That however, after
several months and upon inquiry, plaintiff’s spouse found out that
defendant misappropiated the financial investments made for his own
personal use. That despite demands, defendant failed to remit to
and/or settle with the plaintiff’s spouse the aggregate amount of
Ninety Eight Thousand Seven Hundred Pesos (P98,700.00);
5. That in recognition of defendant’s obligation in favor of
plaintiff’s spouse, the former executed an Acknowledgement of Debt in
favor of the plaintiff on January 26, 2008, a photocopy of which is
attached hereto as Annex “A”;
6. That by reason of the kindness and generosity of plaintiff’s

spouse, defendant’s obligation through the Acknowledgement was
reduced to the sum of Sixty Thousand Pesos (P60,000.00), and
transferred in favor of the plaintiff as formalized n a duly-notarized
Loan Agreement entered by and between the plaintiff and the
defendant on January 29 2008, a photocopy of which is hereto
attached as Annex “B”;
7. That part of said Loan Agreement is the obligation of the

defendant-debtor to pay the plaintiff-creditor the amount of Two
Thousand Five Hundred Pesos (P2,500.00) in monthly installments for
thirty six (36) months, in the form of cash from February 2008 to
March 2011, and in the form of post-dated checks from February 2008
onwards up to the full satisfaction of said loan, including interest, set
at two percent (2%) per month;
8. That after paying Two Thousand Five Hundred Pesos

(P2,500.00) in February 2008 and One Thousand Five Hundred Pesos
(P1,500.00) only in March 2008 the defendant-debtor has started
defaulting in the payment of his due accounts;
9. That plaintiff-creditor sent separate letters (dated April 7,

2008 and May 21, 2008) to the defendant-debtor containing a demand
for the payment of his outstanding payable, photocopies of which are
hereto attached as Annexes “C” and “C-1”;
10. That the continued refusal of defendant to settle his

account prompted the plaintiff-creditor to lodge a complaint with the
barangay officials of Barangay Horseshoe, Quezon City. A Certificate to
File Action, copy of which is hereto attached as Annex “D,” was
subsequently issued for failure of the parties to come to an Agreement.
11. That on June 1, 2008 a final demand letter was sent to the
defendant-debtor for the payment of his outstanding payable up to July
2008, which however, was left unheeded, a photocopy of which is
hereto attached as Annex “E”;
12. That the demand letter was duly received by defendant

thru his wife Mrs. Veronica A. Santos on June 3, 2008, as shown by a
Certification dated June 25, 2008 issued by the Quezon City Central
Post Office, copy of which is hereto attached as Annex “F”;
13. That defendant-creditor has, as of this date, defaulted in

the payment of an aggregate amount of Twenty-six Thousand Pesos
(P26,000.00);
14. That notwithstanding plaintiff-creditor’s repeated oral and

written demands, defendant-debtor failed and refused and still fails
and refuses to heed to the former’s just and valid demands, leaving
the plaintiff no other recourse but to litigate and file this acton.
15. 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 P5,000.00;
16. That by reason of defendant’s violation and disregard of

Plaintiff’s rights, the award of exemplary damages in the amount of
P5,000.00 is likewise warrant to serve as a deterrent to the
commission by the defendant 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 SIX THOUSAND PESOS
representing the unpaid monthly installments due under the Loan
Agrement dated August 6, 2005;
2. The amount of P5,000.00 as and by way of moral damages;
3. The amount of P5,000.00 as and by way of exemplary

damages;
4. Cost of suit.
Other reliefs just and equitable under the premises are likewise
prayed for.
Quezon City,______________
Atty. ANGELICO ZENON M. DELOS REYES

Counsel for the Plaintiff
Phoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City
Roll No. 76430 IBP No. 352980 dated 1-2-08
MCLE Compliance No. 11-00043527
VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
I, NAPOLEON C. GATMAITAN, Filipino, of legal age with address at

#11 Bohol St., Barangay Horseshoe, Quezon City after having been
duly sworn on 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 _______ day of

________, ________ at Quezon City, Metro Manila, Philippines.
Plaintiff
SUBSCRIBED AND SWORN TO before me this ______ day of

______, ______ at Quezon City, affiant having exhibited to me her CTC
No. ___________ issued on __________ at __________.
NOTARY PUBLIC
Doc. No._____
Page No. ____
Book No. _____
Series of _____

REGIONAL TRIAL COURT
Plaintiff,

Defendant.
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MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE

PLEADING
COMES NOW the Defendant, by the undersigned counsel, and unto

this Honorable Court, respectfully moves:
1. The Complaint in this matter was served on Edgardo S. Santos
on
_______________________, making his Answer due on
____________________;
2. Due to the scheduling logistics of undersigned counsel,

Defendant need and respectfully request a short extension in which to
file his Answer to the Complaint;
3. Undersigned counsel request a two-week extension, making his

Answer due on ___________________.
WHEREFORE, Defendant herein and undersigned counsel

respectfully request a two-week extension from__________ to _________
in which to file their Answer to the Complaint.
Quezon City, __________________
ATTY. LOUISE MARIE S. PEREZ

Counsel for Defendant
Citibank Tower Eastwood City Bagumbayan, Quezon City
NOTICE OF HEARING
To: Atty. Angelico Zenon M. Delos Reyes

Phoenix Sun Business Park E. Rodriguez Jr. Ave.,
Libis, Quezon City
Greetings:
Please take notice that on Friday, _______________, at 8:00 o’clock A.M.,

or as soon thereafter as counsel may be heard, the undersigned will
ask Branch _____ of the Regional Trial Court of Quezon City to approve
the foregoing Motion for Extension of Time to File Responsive Pleading.

Citibank Tower Eastwood City
Bagumbayan, Quezon City
COPY FURNISHED:
Atty. Angelico Zenon M. Delos Reyes

Libis, Quezon City
EXPLANATION
The foregoing Motion for Extension of Time to File Responsive
Pleading has been served on Plaintiff’s counsel by registered mail due
to lack of time and personnel to effect personal delivery.

Plaintiff,

Defendant.
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MOTION FOR BILL OF PARTICULARS

this Honorable Court, respectfully alleges:
1. That the plaintiff's complaint in its paragraphs 3 to 6 alleges:
“3. That the above-named spouse of Plaintiff is the erstwhile

business partner of the defendant from year 2007 to 2009;
4. That in the course of their business, the plaintiff’s spouse
made financial contributions through the request and assurances of
the defendant that such amount will be repaid. That however, after
several months and upon inquiry, plaintiff’s spouse found out that
defendant misappropiated the financial investments made for his own
personal use. That despite demands, defendant failed to remit to
and/or settle with the plaintiff’s spouse the aggregate amount of
Ninety Eight Thousand Seven Hundred Pesos (P98,700.00);
5. That in recognition of defendant’s obligation in favor of
plaintiff’s spouse, the former executed an Acknowledgement of Debt in
favor of the plaintiff on January 26, 2008, a photocopy of which is
attached hereto as Annex “A”;
6. That by reason of the kindness and generosity of plaintiff’s
spouse, defendant’s obligation through the Acknowledgement was
reduced to the sum of Sixty Thousand Pesos (P60,000.00), and
transferred in favor of the plaintiff as formalized n a duly-notarized
Loan Agreement entered by and between the plaintiff and the
defendant on January 29 2008, a photocopy of which is hereto
attached as Annex “B”;”
2. That said allegations are insufficient and defective in that it fails

to specify the genuineness and authenticity of documents and the
exact circumstances which actually prevailed;
3. That a more definite statement on the matter as above indicated

is necessary in order to enable the defendant to properly prepare his
responsive pleading.
WHEREFORE, it is respectfully prayed that an Order be issued by

this Honorable court requiring the Plaintiff to make more definite and
certain his complaint in the particulars above indicated.
Quezon City, __________________

NOTICE OF HEARING

Libis, Quezon City
Greetings:

the foregoing Motion for Bill of Particulars.

COPY FURNISHED:

Libis, Quezon City
EXPLANATION
The foregoing Motion for Bill of Particulars has been served on
the Plaintiff’s counsel by registered mail due to lack of time and
personnel to effect personal delivery.

Plaintiff,

Defendant.
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SECOND MOTION FOR EXTENSION OF TIME

TO FILE RESPONSIVE PLEADING

1. That the extended deadline for the filing of the Defendant’s

Answer is already tomorrow ________________ which was granted by this
Honorable Court as per Order dated ______________;
2. That the undersigned counsel was suddenly stricken by the

dreadful and painful sore-eyes infection last two days ago, Defendant
need and respectfully request another short extension in which to file
his Answer to the Complaint;
3. Undersigned counsel hereby request a two-week extension,

making their
Answer due on ___________________.

respectfully request another two-week extension from__________ to
_________ in which to file their Answer to the Complaint.
Quezon City, __________________

NOTICE OF HEARING

Libis, Quezon City
Greetings:

the foregoing Second Motion for Extension of Time to File Responsive
Pleading.

COPY FURNISHED:

Libis, Quezon City
EXPLANATION
The foregoing Second Motion for Extension of Time to File
Responsive Pleading has been served on Plaintiff’s counsel by
registered mail due to lack of time and personnel to effect personal
delivery.

Plaintiff,

Defendant.
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FINAL MOTION FOR EXTENSION OF TIME

TO FILE RESPONSIVE PLEADING

1. That the second extended deadline for the filing of the

Defendant’s Answer is already tomorrow ________________ which was
granted by this Honorable Court as per Order dated ______________;
2. That the undersigned counsel, not yet fully recovered from the
dreadful sore-eyes, conducted an initial interview with the Defendant
for the preparation of his Answer but yesterday, when the draft
pleading will be shown for comments, Defendant failed to arrive at
undersigned’s office because the latter contracted also the same
disease;
3. Undersigned counsel hereby requests a short two-week

extension, making their Answer due on ___________________;
4. That this final request for extension of the hearing is not for
the purpose of delaying the disposition of the case.

respectfully request another two-week extension from__________ to
_________ in which to file their Answer to the Complaint.
Quezon City, __________________

NOTICE OF HEARING

Libis, Quezon City
Greetings:

the foregoing Final Motion for Extension of Time to File Responsive
Pleading.

COPY FURNISHED:

Libis, Quezon City
EXPLANATION
The foregoing Final Motion for Extension of Time to File
Responsive Pleading has been served on Plaintiff’s counsel by
delivery.

Plaintiff,

Defendant.
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MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,
respectfully alleges:
1. Defendant was served Summons together with a copy of the

Complaint and annexes thereto in the above-entitled case at his
address # 15 Bohol St., Barangay Horseshoe, Quezon City, where he
was residing;
2. Mr. Steven R. Lucas served the Summons on ___________ per

Sheriff's Return of same date attached herewith as Annex “A”;
3. Under Sec. 1 Rule 11 of the Revised Rules of Court of the

Philippines, the defendant has fifteen (15) days after service of
Summons to file his answer to the complaint. More than fifteen (15)
days has lapsed since Summons was served upon the defendant and
up this date, defendant has not filed his answer or any responsive
pleading for that matter;
4. Notwithstanding the fact that the defendant requested and

filed three Motions for extensions of time, still, they failed to file an
Answer on the deadline approved by this Honorable Court as per Order
dated ______________ attached herewith as Annex “B”.
IN VIEW of the failure of the defendant to file his answer or any

responsive pleading, plaintiff respectfully prays to the Honorable Court
to declare the defendant in default pursuant to Sec. 3 Rule 9 of the
Rules of Court.
Other reliefs just and equitable under the premises are likewise
prayed for.
Quezon City, ______________________

NOTICE OF HEARING
To: Atty. Louise Marie S. Perez
Counsel for the Defendant
Greetings:

the foregoing Motion to Declare Defendant in Default.
ATTY. ANGELICO ZENON M. DELOS REYES

Counsel for Plaintiff
Libis, Quezon City
COPY FURNISHED:
Atty. Atty. Louise Marie S. Perez

EXPLANATION
The foregoing Motion to Declare Defendant in Default has been
served on Defendant’s counsel by registered mail due to lack of time
and personnel to effect personal delivery.
Atty. ANGELICO ZENON M. DELOS

REYES
Plaintiff,

Defendant.
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MOTION TO LIFT ORDER OF DEFAULT
COMES NOW the defendant, EDGARDO S. SANTOS thru the

undersigned counsel and unto this Honorable Court, respectfully avers:
1. That defendant and undersigned counsel was not able to

timely file an answer for the reason that both suffered a very infectious
disease of sore-eyes from _____________ upto _______________;
2. That undersigned counsel, despite the pain and misery

managed to prepare and draft the Answer but defendant himself
suffered worst and was even confined for three days. A doctor’s
certificate, to attest the truthfulness of this unfortunate event is hereby
attached as Annex “A”;
3. That defendant’s Answer will be filed tomorrow already;
4. That both the defendant and the undersigned counsel is

committed to the speedy disposition of this case.
WHEREFORE, it is respectfully prayed that the order declaring

the defendant in default be lifted and that this Honorable Court allow
the defendant to file an answer to the plaintiff’s complaint.
Quezon City,_____________
NOTICE OF HEARING

Libis, Quezon City
Greetings:

the foregoing Motion to Lift Order of Default.

COPY FURNISHED:

Libis, Quezon City
EXPLANATION
The foregoing Motion to Lift Order of Default has been served on
Plaintiff’s counsel by registered mail due to lack of time and personnel
to effect personal delivery.

Plaintiff,

Defendant.
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ANSWER
COMES NOW the defendant EDGARDO S. SANTOS thru the

undersigned counsel, respectfully alleges:
1. That he specifically denies under oath the genuineness and

due execution of the alleged Acknowledgement of Debt (Annex A) and
Loan Agreement (Annex B) attached to the plaintiff’s complaint;
2. That the said two documents were fraudulently executed by

the plaintiff NAPOLEON C. GATMAITAN, the defendant EDGARDO S.
SANTOS not having executed any such promissory note in favor of the
former, thus, the said promissory note is null and void.
WHEREFORE, it is respectfully prayed that the plaintiff’s

complaint be dismissed with costs against the plaintiff. The defendant
further prays for such other relief as the Honorable Court may deem
just and equitable.
Quezon City,_____________
COPY FURNISHED:

Libis, Quezon City
VERIFICATION
I, EDGARDO S. SANTOS, of legal age, Filipino and with address

at # 15 Bohol St., Barangay Horseshoe, Quezon City, having been duly
sworn to in accordance with law hereby depose and say:
1. That I am the Defendant in the above-entitled case; that I

have caused the preparation of the foregoing Answer Pleading; that all
the allegations stated therein are true and correct of my own
knowledge and supported by authentic documents;
2. That I have not commenced any other action or proceeding
involving the same issues is the Supreme Court, the Court of Appeals,
or any other tribunal or agency; that to the best of my knowledge, no
such action or proceeding is pending in the Supreme Court, the Court
of Appeals, or any other tribunal or agency; that there is no other
action or proceeding which is either pending or may have been
terminated, and 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 tribunal or agency, I undertake to report that
fact within five (5) days there from to this Honorable Court.
EDGARDO S. SANTOS
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of
_______ at Quezon City affiant exhibiting to me her Community Tax
Certificate No. __________ issued in ___________ on ____________
NOTARY
PUBLIC
Doc. No.________;
Page No.________;
Book No.________;
Series of ________;

NAPOLEON C. GATMAITAN -versus-

Plaintiff,
EDGARDO S. SANTOS
Defendant. CIVIL CASE NO. _____
Money
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MANIFESTATION AND MOTION TO WITHDRAW AS COUNSEL

WITH SUBSTITUTION OF COUNSEL
The Clerk of Court

Regional Trial Court of Quezon City
Branch _________
COMES NOW Atty. Louise Marie S. Perez, counsel of record for

the Defendant and unto this Honorable Court respectfully moves to
withdraw as counsel for Defendant with the express consent of the
defendant as shown in this motion.
That in substitution thereof, Atty. Corazon Alma T. Soliman

whose services have been retained by Defendant, hereby enters her
appearance as counsel for the Defendant.
That upon the approval of this Honorable Court, all pleadings,

notices and papers in connection with the above entitled case be
addressed to the new counsel, Atty. Corazon Alma T. Soliman, with
address at 13th floor, Will Tower Mother Ignacia St., Barangay South
Triangle, Quezon City.
Quzon City, _________________

Former Counsel for Defendant
ATTY. CORAZON ALMA T. SOLIMAN

13th floor, Will Tower
Mother Ignacia St.,
Barangay South Triangle, Quezon City
WITH DEFENDANT’S CONSENT
EDGARDO S. SANTOS
NOTICE OF HEARING

Libis, Quezon City
Greetings:

the foregoing Manifestation and Motion to Withdraw as Counsel with
Substitution of Counsel.

COPY FURNISHED:

Libis, Quezon City
EXPLANATION
The foregoing Manifestation and Motion to Withdraw as Counsel
with Substitution of Counsel has been served on Plaintiff’s counsel by
delivery.

Plaintiff,

Defendant.
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MOTION FOR EXECUTION OF JUDGMENT
COMES NOW the Plaintiff, by the undersigned counsel, and unto

this Honorable Court, respectfully moves for the execution of judgment
under the following premise:
1. That a decision has been rendered in this case on August 1,

2011, in favor of the Plaintiff and against the Defendant;
2. That the period for appeal has already expired without the
Defendant having perfected an appeal from said decision;
3. That said decision is now final and executory.
WHEREFORE, it is respectfully prayed that an Order be issued for

the execution of the above judgment.
Quezon City, ___________________.

NOTICE OF HEARING
TO: ATTY. CORAZON ALMA T. SOLIMAN

Mother Ignacia St.,
Greetings:

the foregoing Motion for Execution of Judgment.

Libis, Quezon City
COPY FURNISHED:
ATTY. CORAZON ALMA T. SOLIMAN

Consel for the Defendant
Mother Ignacia St.,
EXPLANATION
The foregoing Motion for Execution of Judgment has been served
on Defendant’s counsel by registered mail due to lack of time and
personnel to effect personal delivery.

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Republic of the Philippines

METROPOLITAN TRIAL COURT

-versus- CIVIL CASE NO. _____

PLAINTIFF, thru the undersigned Counsel, unto this Honorable

1. That Plaintiff is of legal age, Filipino, married to Nancy A.

2. That Defendant is likewise of legal age, Filipino, married

3. That the above-named spouse of Plaintiff is the erstwhile

4. That in the course of their business, the plaintiff’s spouse

6. That by reason of the kindness and generosity of plaintiff’s

7. That part of said Loan Agreement is the obligation of the

8. That after paying Two Thousand Five Hundred Pesos

9. That plaintiff-creditor sent separate letters (dated April 7,

10. That the continued refusal of defendant to settle his

12. That the demand letter was duly received by defendant

13. That defendant-creditor has, as of this date, defaulted in

14. That notwithstanding plaintiff-creditor’s repeated oral and

15. That by reason of defendant’s unjustified acts as well as

16. That by reason of defendant’s violation and disregard of

WHEREFORE, PREMISES CONSIDERED, it is most respectfully

3. The amount of P5,000.00 as and by way of exemplary

Atty. ANGELICO ZENON M. DELOS REYES

I, NAPOLEON C. GATMAITAN, Filipino, of legal age with address at

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

2. That I caused the preparation of the foregoing Complaint and I

3. That I further certify that I have not commenced any other

WITNESS WHEREOF, I hereunto set my hand this _______ day of

SUBSCRIBED AND SWORN TO before me this ______ day of

Republic of the Philippines

-versus- CIVIL CASE NO. _____

MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE

COMES NOW the Defendant, by the undersigned counsel, and unto

2. Due to the scheduling logistics of undersigned counsel,

3. Undersigned counsel request a two-week extension, making his

WHEREFORE, Defendant herein and undersigned counsel

Quezon City, __________________

ATTY. LOUISE MARIE S. PEREZ

To: Atty. Angelico Zenon M. Delos Reyes

Please take notice that on Friday, _______________, at 8:00 o’clock A.M.,

ATTY. LOUISE MARIE S. PEREZ

Atty. Angelico Zenon M. Delos Reyes

ATTY. LOUISE MARIE S. PEREZ

Republic of the Philippines

-versus- CIVIL CASE NO. _____

MOTION FOR BILL OF PARTICULARS

COMES NOW the Defendant, by the undersigned counsel, and unto

1. That the plaintiff's complaint in its paragraphs 3 to 6 alleges:

“3. That the above-named spouse of Plaintiff is the erstwhile

2. That said allegations are insufficient and defective in that it fails

3. That a more definite statement on the matter as above indicated

WHEREFORE, it is respectfully prayed that an Order be issued by

Quezon City, __________________

ATTY. LOUISE MARIE S. PEREZ

To: Atty. Angelico Zenon M. Delos Reyes

Please take notice that on Friday, _______________, at 8:00 o’clock A.M.,

ATTY. LOUISE MARIE S. PEREZ

Atty. Angelico Zenon M. Delos Reyes

Republic of the Philippines

-versus- CIVIL CASE NO. _____

SECOND MOTION FOR EXTENSION OF TIME

COMES NOW the Defendant, by the undersigned counsel, and unto

1. That the extended deadline for the filing of the Defendant’s

2. That the undersigned counsel was suddenly stricken by the

3. Undersigned counsel hereby request a two-week extension,