Republic of the Philippines
Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
Branch ____
Fourth Judicial Region
Lipa City, Batangas
LIMCOMA MULTI-PURPOSE
COOPERATIVE,
Represented by Rolando Maribbay, Plaintiff,
CIVIL CASE NO. _____
- versus- For: Collection of Sum of
Money and Damages
_________________________,
Defendant.
X------------------------------------------------X
COMPLAINT
PLAINTIFF, through counsel, most respectfully alleges that:
1. Plaintiff, LIMCOMA MULTI-PURPOSE COOPERATIVE, is a
cooperative duly organized and existing under the laws of the
Republic of the Philippines, with business address at Sabang, Lipa
City, represented herein by Rolando Maribbay, Filipino, of legal
age, married and resident of Gen. Luna St., Sabang, Lipa City. Copy
of the Secretary Certificate is attached hereto as Annex A and made
an integral part hereof;
2. Defendant ______________________, is a Filipino, of legal
age, married and resident of 168 Purok Yakal, Inicbulan, Bauan,
Batangas, where he may be served with summons, notices, orders and
other legal processes of the Honorable Court;
3. Plaintiff, as a cooperative, is engaged in the production and
sale of animal feed products to its members. It launched a feed
subsidy program wherein it will provide swine feeds on account to
qualified members, the payment of which is subject to the terms and
condition embodied in an Agreement, to be executed after the
approval of the application for feed subsidy by the member.
Defendant is a member of plaintiff cooperative with Member ID No.
M-3624;
4. On April 6, 2002, defendant, applied for feed subsidy for 50
heads. The application was approved on August 9, 2002. Copy of the
Feed Subsidy Application Form is attached hereto as Annex B and
made an integral part hereof;
5. Subsequently, an Agreement under Feed Subsidy Batch No. 8-59
and schedule of feeds withdrawal was prepared wherein a total of
200 bags of swine feed can be withdrawn by the defendant from
August 16, 2002 to November 10, 2002, who in turn will deliver to
plaintiff post-dated checks every withdrawal, as security for the
payment. The total amount of swine feeds shall be paid by the
defendant on December 2, 2002, or else the post-dated checks placed
as security will be deposited. The amount of swine feeds withdrawn
shall have an interest of 1.5% per month from the time of
withdrawal. Copy of the Agreement under Feed Subsidy Batch No. 8-59
and schedule of feeds withdrawal is attached hereto as Annex C and
made an integral part hereof;
6. Defendant, under Feed Subsidy Batch 8-59 made feeds
withdrawals from August 26, 2002 to November 7, 2002 as
follows:
Date Invoice No. Amount
Aug 26, 02 1683196 P 10,365.00
Aug 29, 02 1683335 8,880.00
Sept 7, 02 1683719 11,100.00
Sept 20, 02 1742298 16,650.00
Oct 1, 02 1742767 11,100.00
Oct 14, 02 1743285 19,020.00
Oct 31, 02 1743961 13,320.00
Nov 7, 02 1744213 21,090.00
Total Principal Amount of Purchases P 111,525.00
Copies of the Invoices are attached hereto as Annexes D, E, F,
G, H, I, J and K respectively and made integral parts hereof;
7. Instead of issuing post-dated checks for every withdrawal of
feeds, defendant issued two (2) blank checks of Active Bank and
instructed the plaintiff to fill-up the total amount of his
obligations. But he assured plaintiff that the total amount of
purchases on account will be paid on December 2, 2002;
8. Defendant failed to pay the total amount of his obligations
on December 2, 2002 and despite earnest efforts made by the
plaintiff to collect, defendant failed to pay;
9. On February 22, 2003, plaintiff filled-up the two (2) blank
checks issued by the defendant for a total amount of P 182,857.99,
the total amount of the obligation, including his balance in a
previous feed subsidy agreement under Feed Subsidy Batch 7-45
together with interests and penalties as of that date. But upon
presentment for payment, both checks were dishonored by non-payment
for a common reason, account closed; Copy of the two Active Bank
checks issued by the defendant that were dishonored by non-payment
is attached as Annex L and made integral part hereof;
10. Plaintiff exerted efforts to collect extra-judicially from
defendant but it was only on January 14, 2010 he was able to pay P
10,000.00 and promised to pay the balance on installments. Since
then, defendant failed to pay the balance of the obligation despite
repeated personal demands made by the representatives of the
plaintiff;
11. As of January 30, 2012, defendant still has an outstanding
total principal obligation of P111,832.78, inclusive of P307.78
balance from a previous feed subsidy agreement under Feed Subsidy
Batch 7-45. Copy of the Statement of Account as of January 30, 2012
is attached hereto as Annex M and made integral part hereof;
12. Plaintiff, through counsel, sent a demand letter to the
defendant demanding the payment of the amount of P365,707.57,
inclusive of interest and penalty as of January 30, 2012. Defendant
just promised to pay on installments starting May 24, 2012. Copy of
the Demand Letter is attached hereto as Annex N and made integral
part hereof;
13. No single installment payment was made by the defendant. It
appears that defendant has no intention of paying his obligation
extra-judicially. Plaintiff has no more recourse but to judicially
demand from the defendant its payment and was constrained to
initiate the present suit to enforce and protect its rights, for
which it engaged the services of the undersigned law firm in an
amount of P11,183.28 (10% of the total principal amount of the
obligation), by way of attorneys fees plus Php1,500.00 per court
appearance.
PRAYER
WHEREFORE, premises considered, plaintiff most respectfully
prays of this Honorable Court that after due hearing, judgment
issue be rendered in favor of the plaintiff and against defendant,
ordering the defendant as follows:
1. To pay the total outstanding principal amount of
P111,832.78;
2. To pay the accrued interest of P253,874.79 as of January 30,
2012, plus interest from that date to the termination of this
suit;
3. To pay the amount of P11,183.28 as and by way of attorneys
fees plus Php1,500.00 per court appearance;
4. To pay costs of suit.
Other reliefs and remedies as are just and equitable under the
premises are likewise prayed for.
Batangas City for Lipa City, August 21, 2012.
MANALO & CLEMENO
LAW OFFICES
Counsel for Plaintiff
1st Flr. N. Sangalang Bldg.
C. Tirona St., Batangas City
By:
RICARDO B. MANALO II
Roll No. 43030
IBP No. 829594 Dec. 20, 2011 Batangas City
PTR No. 1680123 Jan. 2, 2012 Batangas City
MCLE Exemption No. III-000657
December 16, 2009
VERIFICATION AND CERTIFICATION
I, Rolando Maribbay, Filipino, of legal age, married and
resident of Gen. Luna St., Sabang, Lipa City, after having been
sworn to in accordance with law, hereby deposed and state that:
1.That I am the duly authorized representative of the plaintiff
in the above-captioned complaint;
2.I caused the preparation and filing of the foregoing complaint
and certifies that I have read and understood the same and that the
averments contained therein are true and correct of my own
knowledge and based on authentic documents;
3.That no other action or proceedings involving the same issues
has been hereto commenced any action/proceeding involving the
matters/issues taken up in the present petition with the Supreme
Court/Court of Appeals/Regional Trial Court, or any other tribunal
Court, tribunal or agency other than this present petition, and if
it should be learned later on that a similar action or proceeding
has been filed or is so pending, the undersigned undertakes to
report the fact within five (5) days therefrom to this Court.
Batangas City, _____________________.
ROLANDO MARIBBAY
Affiant
Social Security System No. _______________
SUBSCRIBED AND SWORN to before me this _________________ at
Batangas City, affiant exhibiting to me his Community Tax
Certificate stated above.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2012.
