DAVOCOL, NICOLE.

JD1-D
PROBLEM NO. 1
Republic of the Philippines
8th Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Tacloban City, Leyte

SPOUSES PRECIOUS AND

LAWRENCE SOBERANO

Civil Case No. _

__
For: Collection of a
- Versus - Sum of Money with
Damages
SPOUSES CAZZANDHRA AND
BRYLLE DELA TORRE
Defendants.

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

COMPLAINT

PLAINTIFFS, through their undersigned counsel, respectfully allege

before this Honorable Court:

1. The Plaintiffs, Spouses PRECIOUS and LAWRENCE SOBERANO, are

of legal age, Filipino, and single. They reside at Lapu Lapu St, Dagami
Leyte

2. The Defendants, Spouses CAZZANDHRA and BRYLLE DELA TORRE,

are also of legal age, Filipino, and reside at San Roque Tanauan,Leyte
where summons and court processes may be served.

3. On January 5, 2022, the Defendants borrowed ONE MILLION FIVE

HUNDRED THOUSAND PESOS (P1,500,000.00) from the Plaintiffs and
executed a Promissory Note, making both spouses jointly liable to the
Plaintiffs. A copy of the promissory note is attached as Annex "A".

4. The promissory note stipulates that the debt was to become due and
payable on May 20, 2024, with an interest rate of two percent (2%) per
annum.

5. On May 20, 2024, the Plaintiffs received no communication from the

Defendants, nor did they receive any payment.
 6. Unable to reach the Defendants by phone or messenger, the Plaintiffs
traveled to the Defendants' residence in Tanauan, Leyte, on May 23, 2024,
to personally deliver demand letters. Copies of these letters are attached
as Annex "B".

7. Upon arrival, the Plaintiffs were informed by the Defendants' household

helper that the Defendants were on vacation in Boracay.

8. As of this date, the Defendants have defaulted on the total amount owed,
which is ONE MILLION FIVE HUNDRED SEVENTY THREE THOUSAND
EIGHT HUNDRED THIRTY THREE PESOS (P1,573,833), including
principal and interest.

9. The Plaintiffs have retained legal counsel to protect their rights, incurring
attorney’s fees of ONE HUNDRED THOUSAND PESOS (P100,000.00)
and an appearance fee of FIVE THOUSAND PESOS (P5,000.00) per
hearing.

10. The Plaintiffs have already paid ONE HUNDRED TWENTY-FIVE

THOUSAND PESOS (P125,000.00) in litigation expenses.

11. Due to the Defendants' unjustified actions, bad faith, and intentional
refusal to pay their overdue debt, the Plaintiffs are entitled to moral
damages amounting to TWO HUNDRED FIFTY THOUSAND PESOS
(P250,000.00).

12. Due to the Defendants' violation and disregard of the Plaintiffs' rights,
exemplary damages amounting to TWO HUNDRED FIFTY THOUSAND
PESOS (P250,000.00) are warranted to deter similar future conduct by the
Defendants and others.

PRAYER

WHEREFORE, given the premises, Plaintiffs respectfully request this

Honorable Court to render judgment in their favor and order the Defendants to
pay the Plaintiffs as follows:

1. The amount of ONE MILLION FIVE HUNDRED THOUSAND PESOS

(P1,500,000.00) representing the unpaid principal obligation as evidenced
by the Promissory Note dated January 5, 2022.

2. The amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED

THIRTY THREE PESOS (P73,833.00) representing the interest of 2% per
annum as evidenced by the Promissory Note dated January 5, 2022.

3. The amount of TWO HUNDRED FIFTY THOUSAND PESOS

(P250,000.00) for moral damages.
 4. The amount of TWO HUNDRED FIFTY THOUSAND PESOS
(P250,000.00) for exemplary damages.

5. Litigation expenses amounting to ONE HUNDRED TWENTY-FIVE

THOUSAND PESOS (P125,000.00).

Plaintiffs also request any other reliefs that may be just and equitable
under the circumstances.

Tacloban City, June 21, 2024.

NICOLE DAVOCOL
Counsel for the Plaintiff
ABC Building
Avenida St.
Tacloban City, Leyte

Roll No. 345680

IBP No. 678597
MCLE Compliance No. 13-908760
Telephone No. 082-098 2789
Email: [email protected]
 VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

We, SPOUSES PRECIOUS SOBERANO AND LAWRENCE SOBERANO,

both of legal age, Filipinos, and residents of Lapu Lapu St. Dagami, Leyte,
Philippines, after having been duly sworn in accordance with law, hereby state
and affirm:

1. That we are the plaintiffs in the above-entitled case;

2. That we caused the preparation of the foregoing Complaint, have read its
allegations, and certify that the same are true and correct based on our
personal knowledge;

3. That we further certify that we have not initiated any other action involving
the same issues before the Supreme Court, Court of Appeals, or any
division thereof, or any other tribunal or agency; and to the best of our
knowledge, no such action is pending before the Supreme Court, Court of
Appeals, or any division thereof, or any other tribunal or agency;

4. That in the event we become aware of any action involving the same
issues, we hereby commit to report it within five (5) days from knowledge
thereof to this Honorable Court.

IN WITNESS WHEREOF, we have hereunto set our hands this 21st day of
June 2024, in Tacloban City, Philippines.

PRECIOUS SOBERANO LAWRENCE SOBERANO

Plaintiff Plaintiff

SUBSCRIBED AND SWORN to before me this 21 st day of June 2024 in

Tacloban City, Philippines. I hereby certify that I have personally examined the
affiant and I am satisfied that he fully understood and voluntarily executed his
complaint-affidavit.

MAY ESTER C. MELLONA

Notary Public
Tacloban City, Philippines

Doc. No. 1434;

Page No. 144;
Book No. IV;
Series of 2024
 ANNEX “A”

PROMISSORY NOTE

January 5, 2022

We, Spouses Cazzandhra and Brylle dela Torre, both of legal age and
Filipino citizens, residing at San Roque Tanauan,Leyte, hereby acknowledge the
receipt of ONE MILLION FIVE HUNDRED THOUSAND PESOS (P1,500,000.00)
as a loan from Spouses Precious and Lawrence Soberano, of Lapu Lapu St.
Dagami, Leyte.

We jointly and severally promise to repay Spouses Precious and

Lawrence Soberano the principal amount specified in this promissory note, with
an annual interest rate of 2%, on or before May 20, 2024.

CAZZANDHRA DELA TORRE BRYLLE DELA TORRE

Borrower Borrower

Annex “B”
May 23, 2024

CAZZANDHRA DELA TORRE and BRYLLE DELA TORRE

San Ropue
Tanauan Leyte
Philippines

RE: DEMAND LETTER

Dear Mr. and Mrs. Brylle dela Torre:

This is in reference to the loan you both obtained from us on January 5, 2022,
amounting to ONE MILLION FIVE HUNDRED THOUSAND PESOS (P1,500,000) in
Philippine currency, with an agreed interest rate of TWO PERCENT (2%), payable on or
before May 20, 2024, as per the attached promissory note.

As of today, your loan remains unsettled and is now overdue. The total amount
due, including interest, is ONE MILLION FIVE HUNDRED SEVENTY ONE
THOUSAND FIVE HUNDRED PESOS (P1,571,500). We have made numerous attempts
to contact you via phone and messenger, but to no avail. Consequently, we have decided
to personally deliver this demand letter to you today, May 23, 2024.

We strongly urge you to arrange for the full settlement of the principal amount,
including the interest, within 15 days from receipt of this letter. Failure to do so will be
considered a violation of our rights and will compel us to initiate legal action against you
both in a court of law.

To avoid the costs and inconvenience of court litigation, we hope you give this
matter your immediate and utmost attention.

Very truly yours,

PRECIOUS SOBERANO LAWRENCE SOBERANO

Lapu Lapu St. Lapu Lapu St.
Dagami, Leyte Dagami Leyte
Mob. No. 09563736134 Mob. No. 09563746134