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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
MAKATI CITY, BRANCH ___
CITIBANK, N. A.,
Plaintiff,
- versus -

CIVIL CASE NO.


FOR: SUM OF MONEY

RODERICO CRUZ,
Defendant.
X-----------------------X

C O M PLAI N T
PLAINTIFF, by undersigned counsel before this Honorable Court
respectfully states, that:
I.
THE PARTIES
1.00. Plaintiff CITIBANK, N. A. (plaintiff for brevity) is a
national banking association duly constituted, registered and in existence in
accordance with the laws of United States of America, having a Philippine
branch thereof, and is licensed and duly registered under the laws of the
Philippines, with principal place of business at 8741 Citibank Tower, Paseo
de Roxas, Makati City;
1.01. Defendant RODERICO CRUZ (defendant for brevity) is of
legal age, Filipino citizen, and with address at CRUZ TRADING, 46
Severina Diamond, Km. 18, Paraaque City 1715, where summons and
other court processes may be served;
1.02. Plaintiff operates a credit card system under the name of
Citibank MasterCard / Visa through which it extends credit accommodations
to its cardholders for the purchase of goods and other services from its
member establishments and cash advances to be reimbursed later on by its
cardholder upon proper billing;
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II.
CAUSE OF ACTION
2.00. Defendant applied for membership and was issued with
Citibank Visacard No. 4034-1979-0003-3974 upon his acceptance of the
Terms and Conditions Governing the Issuance and Use of Citibank Credit
Cards. Attached herewith is a copy of the Terms and Conditions Governing
the Issuance and Use of Citibank Credit Cards marked as Annex A;
2.01. By the terms and conditions of Annex A hereof, defendant
undertook to pay all charges made through the use of the aforesaid cards
within the period indicated in the Statement of Account or within thirty (30)
days from date or dates of use thereof; charges which remain unpaid within
the said period shall earn finance charge at the rate of 3.5% per month plus
late payment charge equivalent to 6% of the amount due for every month or
a fraction of a months delay;
2.02. Defendant availed himself of such credit accommodation by
using his Citibank Credit Card in various establishments; and, as of June 11,
2015, said defendant has incurred credit charges plus appropriate interest
and service charges in the aggregate amount of P256,752.18, as stated in the
Statement of Account, which has become due and demandable. The
statement of account is an electronic document. Attached herewith are the
copies of Statements of Account marked as Annexes B to B-__;
2.03. Demands for payment of the aforesaid obligation were made,
but despite such demands, defendant refused and failed and still continues to
refuse and fail to settle said obligation. Attached herewith is a copy of the
Final Demand Letter dated June 19, 2015, marked as Annex C;
2.04. Likewise, under the terms of Annex A hereof, in case of
default by defendant and the obligation is referred to an attorney for
collection, the defendant agrees to pay attorneys fees equivalent to 25% of
the total amount due.

PR AYE R
WHEREFORE, it is respectfully prayed that judgment be rendered
by this Honorable Court ordering the defendant to pay plaintiff:
a) The amount of P256,752.18, representing his outstanding
balance under his Citibank Visacard, inclusive of interest
and penalty charges, reckoned from date of demand until full
payment; and,
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b) An amount equivalent to 25% of any and all amounts due,


filing fee and payable as agreed attorneys fees, plus costs of
suit.
Plaintiff further prays for other remedies just and equitable in the
premises.
Makati City,

CASES CHUN & ASSOCIATES


LAW OFFICES
Counsel for the Plaintiff
Room 407 Cityland Condominium 10 Tower II
154 H. V. Dela Costa Street
Salcedo Village, Makati City
Tel. Nos. 403-8983 / 403-9804
By:

PAULINO E. CASES, JR
PTR No. 4760037 / 01-08-2015 / Makati City
IBP LRN No. 02080 / Manila
Roll of Attorneys No. 32660
MCLE Compliance No. IV - 0021814 / 09-03-2013

VERIFICATION AND AFFIDAVIT


OF NON-FORUM SHOPPING
I, WILLIAM B. LLANES, subscribing under oath do hereby depose
and state, that:
1.
I am the Assistant Vice President of the plaintiff in the aboveentitled case; and, I caused the preparation of the foregoing Complaint For
Sum of Money;
2.
Pursuant to Supreme Court Administrative Circular No. 04-94
and Section 5 of Rule 7 of the Rules of Court, I hereby certify that the
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plaintiff has not thereto 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, and
if the plaintiff should thereafter learn that the same or similar action or claim
has been filed or is pending, the plaintiff undertakes to report that fact within
five (5) days therefrom to this Honorable Court;
3.
I have read and understood the contents thereof and the
allegations contained therein are true and correct of my own personal
knowledge.
4.

Appended to form an integral part herewith are the following:


a.

The Power of Attorney issued to Batara Paruhum


Sianturi, Citigroup Corporate Officer of
CITIBANK, N. A., Philippine branch, authorizing
Mr. Sianturi to appoint a Delegate Attorney-in-Fact
marked as Annex D; and

b.

The Appointment of Delegates authorizing me to


institute the above-entitled case in behalf of the
plaintiff marked as Annex D-1.

WILLIAM B. LLANES
Affiant
SUBSCRIBED AND SWORN to before me this ___________
in the City of Makati; affiant exhibited to me his SSS No. 33-4041255-9.

Doc. No. _______;


Page No. _______;
Book No. _______;
Series of 2015.
D:\JAYSON\COMPLAINT\RODERICO CRUZ

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