Republic of the Philippines
5th Judicial Region
Municipal Trial Court in Cities
Branch 5
Daraga Albay
KIRSTEN C. SAZON
Plaintiff,
CIVIL CASE
NO.54304
for
Collection
of Sum Money
based on
Bouncing
Checks with
Damages
-versus-
GABRIELLE CJ LAGRIMAS
Defendant,
x- - - - - - - - - - - - - - - - - - - - - - - - -
- x
COMPLAINT
Plaintiff through counsel respectfully states
that:
1. She is of legal age, single, Filipino and
a resident of Lerma street, Barangay
Bañag, Daraga Albay;
2. The defendant, GABRIELLE CJ LAGRIMAS is
of legal age, single, Filipino and a
resident of Mutya Street, Barangay Tagas,
Daraga Albay;
3. On 13 September 2023, the defendant
obtained a loan from the plaintiff in the
amount of ₱1,000,000.00 with an interest
of ₱14,000 per annum. The principal amount
and the interest shall be paid in five
equal quarterly installments starting
December 13, 2023. The Promissory Note was
executed by the parties a copy of which is
attached as Annex A;
4. The plaintiff required the defendant to
issue five post-dated checks monthly as a
security for the loan, starting December
13, 2023 to April 13, 2024 amounting to
P214,000.00 per month which the defendant
complied with by issuing the following
checks. Attached as Annex B-1 is check
number 12621; Annex B-2 is check number
12622; Annex B-3 is check number 12623;
Annex B-4 is check number 12624; and Annex
B-5 is check number 12625;
5. The plaintiff deposited the
aforementioned checks in the bank, and
when the due date came, Checks No. 12621,
12622, 12623, 12624, and 12625 were
dishonored for the reason, Drawn Against
Insufficient Funds.
6. On April 13, 2024, the plaintiff
informed the defendant of the said
dishonored check and demanded for the
payment of his obligation, a copy of
letter of demand is attached as Annex C;
7. Despite repeated demands, both in
written and verbal, the defendant refused
and continues to refuse to comply with the
plaintiff’s demand;
8. Due to the nonpayment of the
defendant's debt, plaintiff was unable to
conveniently complete her daily household
tasks at home;0
9. Due to the defendant’s failure to
satisfy his obligations, plaintiff has
been compelled to retain the service of
counsel for which he agreed to pay
reasonable attorney’s fees in the amount
of P80,000;
10. The plaintiff also suffered actual
damages in the amount of P200,000.00 ;
11. The plaintiff has also paid for
litigation expenses amounting to
P35,000.00, receipt is attached as Annex
D;
12. The plaintiff also claims for
exemplary damages in the amount the court
may deem proper.
WHEREFORE, premises considered, it is
respectfully prayed before the Honorable
Court to render decision in favor of the
plaintiff and order the defendant to pay
the following:
a.The sum of Two Hundred Thousand Pesos
(P200,000.00) covering the amount of
the checks;
b.Attorney’s fees in the amount of
Eighty Thousand Pesos (P80,000.00)
c.Litigation expenses amounting to
Thirty-five Thousand Pesos
(P35,000.00);
d.Exemplary damages at the sum
discretion of the court;
Other reliefs and remedies deemed just and
equitable under the foregoing premises are
likewise prayed for.
Daraga Albay, June 17, 2024
ANNA DIZON
Counsel for
Petitioner
Dizon and Dizon
Law Office, H&G
building, Sagpon,
Daraga Albay
Roll of Attorneys
No. 7777
PTR No. 195436,
06/13/ 24, Daraga
Albay
IBP No. 45658,
01/15/22
MCLE Comp. No.
IV-0003541,
06/18/24
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
I,KIRSTEN C. SAZON, Filipino citizen, of legal age
and a resident of Lerma street, Barangay Bañag,
Daraga Albay, hereby depose and state that:
1. I am the plaintiff in the above-entitled case
and have caused the preparation of this
Complaint;
2. I attest that the allegations in this
Complaint are true and correct and based on my
personal knowledge or based on authentic
records. My signature appearing herein serves
as a certification of the truthfulness of the
allegations in this Complaint;
3.I attest that this Complaint is not filed to
harass, cause unnecessary delay, or needlessly
increase the cost of litigation;
4.I attest that the factual allegations in this
Complaint have evidentiary support or, after a
reasonable opportunity for discovery, will
have evidentiary support;
5.I have not heretofore commenced any action or
proceeding, nor is there any action or
proceeding, to the best of my personal
knowledge, pending in the Supreme Court, the
Court of Appeals, or in any other court,
tribunal, or agency against the same parties,
involving the same cause; and
6.Should I hereafter learn that a similar action
or proceeding has been filed or is pending
before the Supreme Court, the Court of
Appeals, or in any other court, tribunal, or
agency, I undertake to notify this Honorable
Office within five calendar (5) days
therefrom.
IN WITNESS WHEREOF, I have affixed my signature
this day of June 17, 2024 at Daraga, Albay.
Kirsten C. Sazon
Affiant
SUBSCRIBED AND SWORN to before me this day of 17th
day of June 2024 at Daraga, Albay affiant
personally appeared before me and exhibited to me
her competent evidence of identity, this being her
SSS ID No. 167346 and Philippine National ID No.
089268 containing her name, picture, and
signature.
________________
Notary Public
Doc No.
Page No.
Book No.
Series of 2024
