Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch________
Quezon City

BRIAN JHONSON C. LIM,

Plaintiff,

CIVIL CASE NO. _______

FOR: COLLECTION FOR A SUM
OF
MONEY WITH DAMAGES AND
ATTORNEY’S FEES
-versus-

SPOUSES MASAKATSU TAKATSUKA

and ELSIE MARIE TAKATSUKA,
Defendants.
x------------------------------------x

COMPLAINT
Plaintiff, through the undersigned attorney, unto this Honorable Trial Court
most respectfully alleges that:

1. Plaintiff (“plaintiff”) is of legal age, Filipino and with residence address at

20 School St., Grace Village, Quezon City.However, plaintiff may be
served with notices, orders and other processes of this Honorable Trial
Court through VMM Law Firm with office address at Unit B 2nd Floor
Main Building C and B Circle Mall, Liwasang Kalayaan, Marikina Heights,
Marikina City.

2. Defendants (“defendants”) are of legal age, married and with residence

address at 1715 St., Tropez, Azure Urban Resort Residences, Paranaque
City where they could be served with summons, notices, orders, and other
processes of this Honorable Trial Court.

3. On November 22, 2018, herein defendants obtained a loan from plaintiff

amounting to Thirteen Million Eight Hundred Thousand Pesos
(Php13,800,000.00) with agreed corresponding interest.

4. The herein parties entered, executed and signed a Loan Agreement 1 (“loan
agreement”) in relation to the above mentioned amount loaned by the
defendants from the plaintiff.

1
Loan agreement dated November 22, 2018 as Annex “A”
 5. The aforesaid loan agreement enumerates the loan amount, release of loan,
loan amount payment, interst and penalty of late payment.
6. It is expressly stated that the schedule of the first release of loan to the
defendants will be on November 22, 2018 amounting to Four Million Pesos
(Php4,000,000.00), the second release will be on March 28, 2019
amounting to Three Million Pesos (Php3,000,000.00) and the third and last
release of loan will be on April 10, 2019 amounting to Six Million Eight
Hundred Thousand Pesos (Php6,800,000.00).

7. All of the aforesaid amounts were faithfully released to the defendants by

the plaintiff on the above mentioned dates.

8. Furthermore, defendants agree to pay the principal sum of Thirteen Million

Eight Hundred Thousand Pesos (Php13,800,000.00) to the plaintiff on or
before April 30, 2019 with an agreed interest computed at Three Million
Three Hundred Eleven Thousand Two Hundred Eighty Three Pesos and
Five Centavos (Php3,311,283.05) for whole duration of the loan agreement
which shall be payable on or before April 30, 2019.

9. Similarly, an agreed three (3%) percent penalty for evert month of delay
after April 30, 2019 will be charged and paid by the defendants as expressly
stated in the loan agreement.

10. However, inspite of the lapse of April 30, 2019 and despite plaintiff’s
repeated demands, both oral and written, the last of which was on
__________ through a Demand Letter2 _______ , defendants failed to pay
the principal amount of Thirteen Million Eight Hundred Thousand Pesos
(Php13,800,000.00), the agreed interest amounting to Three Million Three
Hundred Eleven Thousand Two Hundred Eighty Three Pesos and Five
Centavos (Php3,311,283.05) and the agreed three (3%) percent penalty for
evert month of delay after April 30, 2019 until this very moment without
just and valid grounds to the continued damage and prejudice of the
plaintiff.

11. Plaintiff in order to enforce his rights and interests has sought the services
of the herein attorney with attorney’s fees amounting to One
HundredThousand (Php100,000.00) Pesos and an appearance fee of Six
Thousand Pesos (P6,000.00).

12. Plaintiff has paid for litigation expenses amounting to Three Hundred
Thousand (Php300,000.00) and suffered moral damages in the amount of
Three Hundred Thousand Pesos (Php300,000.00) and Two Hundred
Thousand Pesos (Php200,000.00) for exemplary damages.

PRAYER

2
Demand Letter dated _________ as Annex “B”
 WHEREFORE, premises considered, it is most respectfully prayed before
this Honorable Trial Court to render judgment in favor of the plaintiff and order
the defendants to pay the following:

1. principal amount of Thirteen Million Eight Hundred Thousand Pesos

(Php13,800,000.00);

2. Three Million Three Hundred Eleven Thousand Two Hundred Eighty

Three Pesos and Five Centavos (Php3,311,283.05);

3. the agreed three (3%) percent penalty for evert month of delay after April
30, 2019 until the final resolution of this case;

4. Moral damages in the amount of Three Hundred Thousand Pesos

(Php300,000.00) and Two Hundred Thousand Pesos (Php200,000.00) for
exemplary damages;

5. Attorney’s fees amounting to One Hundred Thousand (Php100,000.00)

Pesos and an appearance fee of Six Thousand Pesos (Php6,000.00);and

6. litigation expenses amounting to Three Hundred Thousand Pesos

(Php300,000.00);

Other reliefs, just and equitable in the premises, are likewise prayed for.

Marikina City for Quezon City. August 17, 2020

VMM LAW FIRM

Counsel for the Plaintiff
Unit B C 2nd Floor First Building
C and B Circle Mall Liwasang Kalayaan
Marikina Heights, Marikina City
vmmlawfirm@gmail.com
02-8532-0661/09189622944

ATTY. VICTOR M. MANLAPAZ

Roll of Attorneys No. 50441
IBP Lifetime Member Roll No. 018550
PTR No. 5678921; 01/16/20; Marikina City
MCLE Compliance No. VI- 0027627 05/24/19
vic_manlapaz77@yahoo.com and
manlapazlawoffice@gmail.com
 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, BRYAN JHONSON C. LIM, of legal age, Filipino and with residence

address at 20 School St., Grace Village, Quezon City, after having been duly sworn
to in accordance with law, hereby depose that:

1. I have caused the preparation of the foregoing Complaint;

2. I have read the foregoing Complaint and that all allegations therein
are true and correct based on my personal knowledge and based on
authentic documents;
3. The said Complaint is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
4. The factual allegations therein have evidentiary support after
reasonable opportunity for discovery;
5. I have not caused or commenced any other action or proceeding
involving the same issues or parties in the Supreme Court or the Court
of Appeals or any other Tribunal or agency;
6. If I should learn that similar action or proceeding has been filed or is
pending before the said courts, tribunal or agency, I undertake to
notify this Honorable Trial Court within five (5) days from such
knowledge.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____

day of August 2020 in Marikina City.

BRYAN JHONSON C. LIM

Affiant

SUBSCRIBED AND SWORN to before me, this ____ day of August 2020
at _________________, affiant exhibiting to me his competent evidence of his
identification No.______ issued on.__________ issued at ____________.

Doc. No.___;
Page No.___;
Book No.____;
Series of 2020.