REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 149
SECURITY BANK CORPO-
RATION,
Plaintiff,
CIVIL CASE NO. 22-03748-CV
-versus- For: SUM OF MONEY
SPS. ROY TAN DINGCONG,
doing business under the
name and style of King Roy
Marketing, and PANGTU
GUO DINGCONG,
Defendants.
x--------------------------------x
COMPLAINT
PLAINTIFF, by counsel most respectfully states, that:
I.
THE PARTIES
1. Plaintiff SECURITY BANK CORPORATION (“Plaintiff”) is a corporation duly
organized and registered under and by virtue f the laws of the Republic of the
Philippines, with principal place of business at 6776 Security Bank Centre,
Ayala Avenue, Makati City, represented by its Junior Assistant Manager and
Attorney-in-fact, JEROME M. GUERRERO, by virtue of an Assistant
Corporate Secretary’s Certificate dated July 15, 2022, a copy of which is
hereto attached as ANNEXES “A” to “A-1”;
2. Defendant ROY TAN DINGCONG (“Defendant” or “Roy”) is of legal age,
Filipino citizen, married, owner of King Roy Marketing, and with address at
Highwood Construction Supply Mambog Road, Mambog IV, Bacoor,
Cavite, where Summons and other court processes may be served;
3. Defendant PANGTU GUO DINGCONG is impleaded as co-defendant in
accordance with Section 4, Rule 3 of the Rules of Court;
II.
STATEMENT OF FACTS
4. Defendants applied for Business Loan with Plaintiff Bank as shown in the
Security Bank Business Loan Application Form with photocopy ID of
Defendant Roy, hereto attached as Annexes “B” to “B-2”;
5. On July 20, 2018, for value received and in consideration to secure the
payment of the obligation, Defendants applied and executed in favor of and
delivered to Plaintiff the PROMISSORY NOTE NO. SUL18R00699 in the sum
of SEVEN MILLION (PHP7,000,000.00) PESOS, payable in thirty (36)
monthly installments according to the schedule of payment indicated therein.
A copy of the Disclosure Statement and Promissory Note No. SUL18R00699
dated July 20, 2018 is hereto attached as ANNEX “C” and ANNEXES “D” to
“D-3”, respectively, and made an integral part thereof.
III.
CAUSES OF ACTION
6. Subsequently, Defendants failed to comply with the Terms and Conditions of
the aforesaid Promissory Note when they failed to pay the monthly installment
which was due on July 20, 2018;
7. Defendant are liable to Plaintiff for the sum of SEVEN MILLION NINE
HUNDRED THOUSAND SIX HUNDRED NINETY-FIVE & 68/100
(PHP7,900,695.68) PESOS, inclusive of interest, penalty and collection fee,
as of August 10, 2022. A copy of the Statement of Account dated August 10,
2022 is hereto attached as ANNEX “E”;
8. Thus, on August 11, 2022, Plaintiff sent to Defendant a DEMAND LETTER
(Re: FINAL DEMAND) dated August 11, 2022, to pay their entire obligation
of the Promissory Note to the former. A copy of the said letter addressed to
Defendant is hereto attached as ANNEXES “F” to “F-1”;
9. The aforesaid demand letter was sent thru private courier and received by
Defendant, Roy Dingcong on August 12, 2022, as evidenced by the LBC
Receipt No. 127115678346 and LBC Proof of Delivery, a copy of which is
hereto attached as ANNEX “F-1-a” to “F-1-b”;
10. Regrettably, despite the aforesaid demand, Defendant failed and refused, as
they still fail and refuse to comply with plaintiff’s demands; and
11. Finally, considering that Plaintiff was constrained to engage the services of
the undersigned counsel, Defendant should be held liable for attorney’s fees
equivalent to 25% of the total amount due, plus P3,000.00 per appearance
fee.
IV.
WITNESS TO BE PRESENTED
12. Plaintiff intends to present at least one (1) witness, MR. GUILBERT
NORMAN G. TORRES, to testify on the matters involving the history of the
account beginning from the date that the Defendant applied for and was
issued a business loan until they defaulted in payments, as well as the
interests, penalties, and attorney’s fees imposed upon them and other
relevant matters.
V.
EVIDENCE TO BE PRESENTED
13. Plaintiff intends to present the following documents by way of Judicial
Affidavit of Mr. Guilbert Norman G. Torres, to support the above allegations:
Document Exhibit
Assistant Corporate Secretary’s “A” to “A-1”
Certificate dated July 15, 2022
Business Express Loan Application “B” to “B-2”
Form with photocopy of ID
Disclosure Statement dated July 20, “C”
2018
Promissory Note No. SUL18R00699 “D” to “D-3”
dated July 20, 2018
Statement of Account dated August “E”
10, 2022
Final Demand dated August 11, 2022, “F” to “F-1-b”
LBC Receipt No. 127115678346, and
LBC Proof of Delivery
PRAYER
WHEREFORE, it is respectfully prayed that the judgment be rendered by this
Honorable Court ordering Defendant to pay plaintiff the following:
a) The total amount of SEVEN MILLION NINE HUNDRED THOUSAND SIX
HUNDRED NINETY-FIVE & 68/100 (PHP 7,900,695.68) PESOS,
representing their outstanding business express loan under Promissory Note
No. SUL18R00699, reckoned from the date of demand until full payment;
b) Attorney’s fee equivalent to twenty-five (25%) percent of the total amount due,
plus P3,000.00 per appearance fee and incidental fees; and
c) Filing Fee and Costs of Suit.
Other remedies just and equitable are likewise prayed for.
Makati City, November 8, 2022.
CASES CHUN & ASSOCIATES
LAW OFFICES
Counsel for the Plaintiff
Unit 408, Cityland Condominium 10 Tower II
154 H.V. Dela Costa Street, Salcedo Village
Barangay Bel-Air, Makati City
Telephone Nos. (02) 8812-4619 / (02) 8813-7576
Mobile No. (+63) 908-814-2387
[email protected] By:
MA. CRISTINA M. MALLARI
PTR No. 8852517 / 01-03-2022 / Makati City
IBP No. 172390 / 01-06-2022 / Isabela Chapter
Roll No. 68489 / 05-29-2017
MCLE VII – 0006726 / 04-14-2025
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, GUILBERT NORMAN G. TORRES, of legal age, Filipino citizen, with office
address at Security Bank Center, 6776 Ayala Avenue, Makati City, subscribing under
oath, hereby depose and state that:
1. I am the Junior Assistant Manger and Attorney-in-Fact of the Plaintiff in the
above-captioned case, having been appointed as such pursuant to the
Assistant Corporate Secretary’s Certificate dated July 15, 2022, a copy of
which is hereto attached as ANNEXES “A” to “A-1”;
2. As the Attorney-in-Fact of the Plaintiff, I am authorized to file this Complaint
and to sign and verify this Verification and Certification of Non-Forum
Shopping;
3. I have caused the preparation of the foregoing Complaint;
4. I have read the contents thereof and the allegations stated therein are true
and correct of my personal knowledge and/or based on authentic records in
my possession;
5. This Complaint is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation;
6. The factual allegations in this Complaint have evidentiary support, or, if
specifically so identified, will likewise have evidentiary support after a
reasonable opportunity for discovery;
7. I have not commenced any other action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; and
8. If I should hereafter learn that a similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other
court, tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.
IN WITNESS WHEREOF, I hereby affix my signature this NOV 18, 2022 in Makati
__________
City.
GUILBERT NORMAN G. TORRES
Affiant
SUBSCRIBED AND SWORN to before me this ___________ NOV 18, 2022 in Makati City,
Philippines, affiant exhibited to me his Driver’s License No. N25-06-006939, as
competent evidence of identity.
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Doc. No. ___;
100
Page No. ___;
XIII
Book No. ___;
Series of 2022.
