Pag

e 1

of 6

Republic of the PhilippinesREGIONAL TRIAL COURT

7th Judicial RegionBranch UVCebu City

HANSEL R. JALALON, Plaintiff

- versus -

MARC REYES

Defendant

x-----------------------------------------x

COMPLAINT

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

PARTIES

1. That the Plaintiff, Hansel R. Jalalon, is a Filipino citizen, of legal age, single and a resident of Upper Level, 2rd Door Vailoces Apartment, Rahmann Extension, Gorordo Avenue Cebu City where she may be served with copies of notices, orders and other papers of this Honorable Court;

2. That defendant, Marc Reyes, is Filipino, of legal age, single and a resident of Door 1 Ground Floor, T. Padilla Street Cebu City where she may be served with copies of notices, orders and other papers of this Honorable Court;

CIVIL CASE NO. P 12-15-PGFor Sum of Money with Prayer for Writ of Attachment

Pag

e 2

of 6

FACTS OF THE CASE

3. That sometime in January 2005, defendant obtained construction materials from the plaintiff in the total amount of P500,000.00 as evidenced by the Purchase Order, Delivery receipt which are hereto attached as Annexes “A” and “B” hereof;

4. That as payment of the said construction materials, defendant issued a post-dated check and represented that the same will be covered by sufficient funds on its maturity dates. Copy of the check are hereto attached as Annex “C” hereof;

5. That on its maturity date, the said check was dishonoured by the drawee bank upon presentment for payment for reason ACCOUNT CLOSED, as evidenced by the notice of dishonor issued by the bank which is hereto attached as Annex “D” hereof;

6. That despite repeated demands orally and in writing, defendants refused and continuously refusing to make good the said bounced checks or pay the construction materials to the damage and prejudice of herein plaintiff. Copy of the demand letter is hereto attached as Annex “E” hereof;

7. That as a result of the unwarranted and unjustifiable refusal of the defendants to pay the said construction materials or make good said check, plaintiff suffered sleepless nights, serious anxiety in which he should be awarded the amount of P100,000.00 as moral damages, and to set an example to the public, plaintiff should be awarded exemplary damages un the amount of P100,000.00;

ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF WRIT OF PRELIMINARY

ATTACHMENT

Plaintiff re-pleads all the foregoing averments by way of reference and in so far as they are relevant and material to its application for the issuance of a writ of Preliminary Attachment;

Pag

e 3

of 6

8. A sufficient cause of action exists against the defendant;

9. The defendant are guilty of fraud in contracting and in the performance of their obligation as manifested by defendant, Marc Reyes, who represented himself as a credible businessman and financially capable of paying his obligation, when in truth and in fact, he is not, and the fraudulent scheme becoming more evident when despite demands, he failed and refused to settle without justifiable ground his just and demandable obligation;

10. There is no sufficient security for the claim sought to be enforced by the present action;

11. The amount due to the plaintiff in the above-entitled case is P500,000.00, excluding legal fees and other charges as of to date for which amount, an order of attachment is being sought above all legal counterclaims against the Defendants;

12. Plaintiff is ready and willing to give a bond to be fixed by this Honorable Court, executed to the defendant, to answer for all costs which may be adjudged to the latter, and all damages which defendant may sustain by reason of the attachment prayed for, if the court shall finally adjudge that Plaintiff is not entitled thereto.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered as follows:

1. An order of attachment be immediately issued by this Honorable Court, requiring the sheriff to attach properties of the Defendants which are not exempt from execution or so much thereof as may be sufficient to satisfy Plaintiff’s demand which is in the total amount of P500,000.00; and after hearing;

2. Judgment be rendered ordering the defendant to pay plaintiff the amount of P500,000.00, representing unpaid account excluding legal fees and other charges as of to date;

Pag

e 4

of 6

3. Ordering the defendants to pay the plaintiff the amount of P100,000.00 as moral damages, and P100,000.00 as exemplary damages;

4. P50,000.00 by way of Attorney’s fees and P2,500.00 as per appearance fee and costs of suit;

5. Ordering the defendants to pay the costs of suit.

6. Other reliefs which are just and equitable are likewise prayed for.

IN WITNESS WHEREOF, I have hereto have hereby set their hands on the 31th day of March 2005, in Cebu City, Cebu Philippines.

ATTY. MARC GRETEL R. MADANGUITCOUNSEL FOR THE PLAINTIFFGround Flr, 1st Dr, V. Villa Estrella Apartment, Rahmann Ext., Gorordo Avenue, Cebu CityROLL NO. 48511 / 24 Jan 2005IBP Lifetime Roll No.: 816036/ 25 Jan 2005MCLE Compliance No. III-0319 / 8 Aug 2010

PTR No. 1234 / Cebu City / 01-25-2005

Pag

e 5

of 6

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, HANSEL R. JALALON, of Legal age, single, Filipino Citizen and a resident of Upper Level, 3rd Door Vailoces Apartment, Rahmann Street, Gorordo Avenue Cebu City, after being sworn according to law, hereby depose and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. 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 other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

HANSEL R. JALALON

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the Province of Cebu this 31th day of March 2005. Affiant personally came and appeared with her Professional Regulations Commission ID Number 128-957-320 issued by Professional Regulations Commission’s Office of the Province of Cebu on January 24, 2010 at Cebu City, bearing her photograph and signature, known to me as the same person who personally signed this foregoing

Pag

e 6

of 6

Doc. No. 321Page No. 3Book No. 567Series of 2015

instrument before me and avowed under the penalty of law to the whole truth and contents of the said instrument.

ATTY. JUAN ISMAEL DE LA CRUZGround Flr, 1st Dr, Vailoces Apartment, Rahmann Street, Gorordo Avenue, Cebu CityCOMMISSION NO.: 1234-1234NOTARY PUBLIC for Cebu CityUNTIL December 31, 2018OFFICE: Big Bldg, Door 308, Cebu CityROLL NO. 48511 / 24 Jan 2005IBP Lifetime Roll No.: 816037/ 25 Jan 2005MCLE COMPLIANCE No. III-004319 / 10 Aug 2018TIN 128-957-329