Amended Complaint: Regional Trial Court
Amended Complaint: Regional Trial Court
AMENDED COMPLAINT
2. The defendant Sherwin Bravo Valdez (Dr. Sherwin for brevity) is also
of legal age, married, Filipino citizen, and a resident of #58 Hucay St.,
Lower Quirino Hill Barangay where he can be served with orders, and
other notices by the Honorable court.
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5. On January 5, 2016, Dr. Sherwin approached Reynaldo to borrow
Five Million Pesos (P 5,000,000.00) to fund his new restaurant
business. He fully assured to Reynaldo that he will be able to pay him
within the period of one year since he expects a huge return of
investment in the purported restaurant business as well as he receives
large amount of rental income from the tenants of his own building,
the Valdez Commercial Building located at Legarda Road, Baguio
City.
8. On December 22, 2016, Reynaldo visited Dr. Sherwin for his annual
check-up. Reynaldo reminded him about forthcoming maturity of the
existing loan. Again, Dr. Sherwin made assurances to Reynaldo on the
abrupt payment of the borrowed amount when it falls due.
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postdated check was dishonored for insufficiency of funds. To inform
him of the situation, he sent a Notice of Dishonor to Dr. Sherwin thru
registered mail on January 26, 2017.
12. Reynaldo sent demand letters to Dr. Sherwin for collection of the
payment however the same remain unheeded and unsatisfied.
13. Feeling agitated and worried, he filed a case in the Office of Lupong
Tagapamayapa of Lower Quirino Hill Barangay for possible
conciliation and collection of the loaned amount from Dr. Sherwin.
After several notices, he failed to appear in the conciliation meetings
in the barangay hall. Consequently, Punong Barangay Van Oliver
Dicang issued a Certificate to File Action against Dr. Sherwin.
(A copy of the Certificate to File Action dated May 31, 2017 and
signed by Punong Barangay Van Oliver Dicang is hereto attached
and marked as Annex “F”.)
15. Evidently, Dr. Sherwin tries to immediately dispose all his properties
in order to defraud his creditors and avoid the attachment of the
properties for the satisfaction of his debts.
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16. Due to the false pretenses and misrepresentations of Dr. Sherwin,
Reynaldo has logical reason to believe that Dr. Sherwin is involved in
fraudulent scheme of borrowing large amount of money and later on
abscond to avoid creditors who collect the payment of his debts.
17. Because of the wanton and malevolent acts of Dr. Sherwin as well as
failure to settle his obligations notwithstanding repeated demands,
Reynaldo was forced to secure the services of the undersigned in order
to effect collection of payment and to enforce its rights in court. He
paid an attorney’s fees amounting to Php 150,000.00, and appearance
fee of PhP4,000.00 per hearing.
PRAYER
Other reliefs just and equitable under the premises are likewise prayed
for.
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MICHELLE VALDEZ ALVARO
Counsel for the Plaintiff
Roll of Attorneys No. 65710
IBP Lifetime No. 2130236/06-25-2019/Baguio-Benguet Chapter
PTR No. 2987981/07-3-2019/Baguio City
MCLE No. VII-0002649
Tel. no. (074) 301 9160
email: alvaromichelle6@gmailcom
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Republic of the Philippines)
City of Baguio )S.S.
3. I have read and understood all the contents thereof; and all the
allegations therein are true and correct of my personal knowledge
and/or based on authentic records.
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SUBSCRIBED AND SWORN to before me this 22nd day of August,
2019 affiant showing to me his Driver’s License No. A-01-536254-DO as
competent proof of his identity.
Doc. No. 6;
Page No. 3;
Book No. I;
Series of 2019.