Complaint For Torts Sample

Republic of the Philippines
National Capital Judicial Region

REGIONAL TRIAL COURT
Manila, Branch 33
COVIDUVIDAPDAP CORPORATION,
Plaintiff,
- versus -
Civil Case No. 1111220
For: Sum of Money and Damages
BANK OF THE TSAYNA ISLANDS
and RODY DU DIRTY,
Defendants.
x------------------------x
COMPLAINT
Plaintiff, COVIDUVIDAPDAP CORPORATION, by counsel, unto this

Honorable Court respectfully states that:
1. It is a corporation duly organized and existing under and by virtue

of the laws of the Republic of the Philippines with principal office address at 711,
Mea Culpa St., Sta. Mesa, Manila. It is represented herein by Daryl J. Ponce
Assistant Vice President/Head of Finance Department, duly authorized pursuant
to Board Resolution No. 16-590 and Special Power of Attorney attached as
Annexes “A” and “B”, respectively, to form as integral part hereof as in the case
of the other annexes.
2. Defendant BANK OF THE TSAYNA ISLANDS is a banking institution

duly created and existing under and by virtue of laws of the Republic of the
Philippines, as amended, with principal office and place of business at 143,
Ampersand St., Sampaloc, Manila, where it may be served with summons and
other court processes.
3. Defendant RODY DU DIRTY is a Filipino, of legal age, single and

with address at 14, Inuman St., UP Village, Quezon City, where they may be
served with summons and other court processes.
4. On 31 October 2019, Plaintiff COVIDUVIDAPDAP CORPORATION

opened two (2) separate accounts, Current Account Nos. 11-01717-27 and 01-
01120-94, with the Binonondo Branch of Defendant BANK OF THE TSAYNA
ISLANDS with connection with its business of selling appliances. The copy of
Current Accounts are attached as Annex “C” and “D”, respectively.
5. On 12 January 2020, Plaintiff DARYL PONCE entrusted the funds of

COVIDUVIDAPDAP CORPORATION in the form of cash totaling the amount of
1
One Million Eight Hundred Thousand Pesos (₱1,800,000.00) to his secretary,
defendant RODY DU DIRTY, for the purpose of depositing the said amount to
COVIDUVIDAPDAP CORPORATION current accounts, evidenced by a copy of an
accomplished deposit slip which is attached herewith as Annex “E”.
6. On 12 January 2020, Defendant RODY DU DIRTY deposited the

said amount to his own account through falsifying the original and duplicate copy
of the deposit slip.
7. On 12 January 2020, Ms. Jasmine Paras, teller of Defendant BANK

OF THE TSAYNA ISLANDS, validated the original and duplicate copy of the
deposit slip despite the presence of falsification. The validated deposit slips
letters are attached herewith as Annex “F” and “G”, respectively.
8. On 03 March 2020, upon the discovery of the loss of its funds,

Plaintiff COVIDUVIDAPDAP CORPORATION executed a demand letters against
Defendant BANK OF THE TSAYNA ISLANDS and RODY DU DIRTY for the return
of its money. The demand letters are attached herewith as Annex “H” and “I”.
9. On 04 April 2020, a final demand letter was delivered by personal

service to Defendant BANK OF THE TSAYNA ISLANDS for the return of Plaintiff
COVIDUVIDAPDAP CORPORATION’S money. That Defendant BANK OF THE
TSAYNA ISLANDS, thru its teller Ms. Jasmine Paras, was negligent in validating
the deposit slips, both original and duplicate, presented by Mr. RODY DU DIRTY
to Ms. Jasmine Parasm, notwithstanding the fact that the deposit slips were
falsified. The second demand letter is attached herewith as Annex “J” and the
Affidavit of Personal Service is attached herewith as Annex “K”.
10. That it was the duty of Defendant BANK OF THE TSAYNA ISLANDS,
as a financial institution, to treat the account of the Plaintiff COVIDUVIDAPDAP
CORPORATION, as client, with the highest degree of care.
11. On 25 April 2020, without much explanation or offer of consolation

of any kind, Defendant BANK OF THE TSAYNA ISLANDS, through a letter ( Annex
“L”), rejected the demand of Plaintiff COVIDUVIDAPDAP CORPORATION to
return the money, leaving the latter to terminate upcoming business investments
because of insufficiency of funds.
12. As a result of the willful and flagrant disregard of Defendant BANK

OF THE TSAYNA ISLANDS, Plaintiff COVIDUVIDAPDAP CORPORATION suffered
embarrassment and humiliation from terminating business agreements with
other companies and corporations.
13. That Plaintiff COVIDUVIDAPDAP CORPORATION’s reputation was

debased, resulting in its humiliation in the business realm.
14. The deliberate, blatant and malicious disregard of the Defendant

BANK OF THE TSAYNA ISLANDS, made Plaintiff COVIDUVIDAPDAP
2
CORPORATION to experienced financial loss because of lack of capital and
investments.
15. To protect its interest, COVIDUVIDAPDAP CORPORATION was

constrained to file the instant action by reason of the defendants’ unjustified
failure and refusal to return the loss funds; thus, it incurred and will necessarily
incur attorney’s fees in the sum of at least ₱100,000.00 and expenses of
litigation and costs of suit in the sum of at least ₱200,000.00.
PRAYER
WHEREFORE, in the interest of justice, it is most respectfully prayed of

this Honorable Court that, after due notice and hearing, judgment be rendered in
favor of plaintiff COVIDUVIDAPDAP CORPORATION by ordering defendant BANK
OF THE TSAYNA ISLANDS and RODY DU DIRTY, in joint and solidary capacity, to
COVIDUVIDAPDAP CORPORATION pay the following sums:
1. Their outstanding obligation in the amount of One

Million Eight Hundred Thousand Pesos
(₱1,800,000.00)inclusive of the interest and penalty, as actual
damages plus interest thereon from the date of the filing of the
Complaint until fully paid;
2.At least FIVE HUNDRED THOUSAND PESOS

(₱500,000.00) as moral damages;
3.At least ONE HUNDRED THOUSAND PESOS

(₱100,000.00) as attorney’s fees; and
4.At least TWO HUNDRED THOUSAND PESOS

(₱200,000.00) for cost of suit and expenses of litigation.
Other reliefs and remedies, just and equitable under the premises, are
likewise prayed for.
City of Manila, 19 June 2020.
LEGAL SERVICES GROUP

Litigation Department
COVIDUVIDAPDAP CORPORATION
Counsel for Plaintiff COVIDUVIDAPDAP CORPORATION
Sta. Mesa, 1004 Manila
By:
LINCY JANE L. AGUSTIN

IBP Member No. 32709 / 01-01-20 / PPLM
PTR 12345678
3
Roll of Attorneys No. 12345
MCLE Compliance No. V-12345 / valid until April 2022
4
VERIFICATION AND CERTIFICATION
I, DARYL J. PONCE, of legal age, Filipino, and with office address at

block 18, Palm Ave., Forbes Park, Makati City, after first being duly sworn,
depose and state that:
1. I am the Assistant Vice President/Head of the Finance Department

of the Coviduvidapdap Corporation, plaintiff in the above-entitled case. I am also
the duly authorized representative of Coviduvidapdap Corporation pursuant to
Coviduvidapdap Board Resolution No. 16-590 and Special Power of Attorney,
copies of which are hereto attached as Annexes “A” and “B”, respectively.
2. I have caused the preparation of the foregoing Complaint, read the

same and I attest that the allegations contained therein are true and correct of
my knowledge based on authentic bank records and documents.
3. I likewise certify that Coviduvidapdap Corporation has not

theretofore commenced any 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 other action or claim is pending therein.
4. If I should thereafter learn that the same or similar action or claim

has been filed or is pending, I shall report that fact within five (5) days therefrom
to this Honorable Court.
DARYL J. PONCE
Affiant
SUBSCRIBED AND SWORN to before me the 18 th day of June, 2020 at the

City of Manila, affiant who is personally known to me has likewise exhibited his
ID with ID No. 2013- 48521 bearing his photograph and signature.
Lincy Jane L. Agustin

Notary Public until 12-31-15
PTR No. 1234567/01-06-15/Manila
IBP Member No. 32709 / 01-01-20 /
Manila
Roll No. 12345
MCLE No. V-12345, Series of 2019,
dated December 27, 2019
13th Floor, New Building, Inuman St.,
Manila.Doc. No. 35
Page No. 28
Book No. 09
Series of 2020.

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Republic of the Philippines

National Capital Judicial Region

Plaintiff, COVIDUVIDAPDAP CORPORATION, by counsel, unto this

1. It is a corporation duly organized and existing under and by virtue

2. Defendant BANK OF THE TSAYNA ISLANDS is a banking institution

3. Defendant RODY DU DIRTY is a Filipino, of legal age, single and

4. On 31 October 2019, Plaintiff COVIDUVIDAPDAP CORPORATION

5. On 12 January 2020, Plaintiff DARYL PONCE entrusted the funds of

6. On 12 January 2020, Defendant RODY DU DIRTY deposited the

7. On 12 January 2020, Ms. Jasmine Paras, teller of Defendant BANK

8. On 03 March 2020, upon the discovery of the loss of its funds,

9. On 04 April 2020, a final demand letter was delivered by personal

11. On 25 April 2020, without much explanation or offer of consolation

12. As a result of the willful and flagrant disregard of Defendant BANK

13. That Plaintiff COVIDUVIDAPDAP CORPORATION’s reputation was

14. The deliberate, blatant and malicious disregard of the Defendant

15. To protect its interest, COVIDUVIDAPDAP CORPORATION was

WHEREFORE, in the interest of justice, it is most respectfully prayed of

1. Their outstanding obligation in the amount of One

2.At least FIVE HUNDRED THOUSAND PESOS

3.At least ONE HUNDRED THOUSAND PESOS

4.At least TWO HUNDRED THOUSAND PESOS

City of Manila, 19 June 2020.

LEGAL SERVICES GROUP

LINCY JANE L. AGUSTIN

I, DARYL J. PONCE, of legal age, Filipino, and with office address at

1. I am the Assistant Vice President/Head of the Finance Department

2. I have caused the preparation of the foregoing Complaint, read the

3. I likewise certify that Coviduvidapdap Corporation has not

4. If I should thereafter learn that the same or similar action or claim

SUBSCRIBED AND SWORN to before me the 18 th day of June, 2020 at the

Lincy Jane L. Agustin

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