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Civil Complaint

Victor Santos filed a civil complaint against his brother-in-law, Nico Cadang, for the collection of a loan totaling Php 2,400,000.00, unlawful occupation of a jointly owned apartment, and damages. The complaint alleges that Cadang failed to repay the loans, entered into an unauthorized rent-to-own agreement, and refuses to vacate the property, causing Santos emotional distress. Santos seeks repayment, eviction of Cadang, and damages totaling Php 300,000.00.

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5 views5 pages

Civil Complaint

Victor Santos filed a civil complaint against his brother-in-law, Nico Cadang, for the collection of a loan totaling Php 2,400,000.00, unlawful occupation of a jointly owned apartment, and damages. The complaint alleges that Cadang failed to repay the loans, entered into an unauthorized rent-to-own agreement, and refuses to vacate the property, causing Santos emotional distress. Santos seeks repayment, eviction of Cadang, and damages totaling Php 300,000.00.

Uploaded by

maalaila.cedeno.col
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH 123, PASIG CITY

VICTOR SANTOS,
Plaintiff, CIVIL CASE NO. _________
For: Collection of Sum of
- versus -
Money, Ejectment, And
NICO CADANG, Damages
Defendant.

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

COMPLAINT
PLAINTIFF, through the undersigned counsel, respectfully states:
THE PARTIES

1. Plaintiff, Victor Santos is of legal age, married to Susan


Santos, and a resident of Unit 501E, Sunlit Glade Residences,
Pasig City.

2. Defendant, Nico Cadang is the brother of Susan Santos


and a resident of 302H VS Residences, Pasig City.

FACTUAL ANTECEDENTS

3. Plaintiff is the the co-owner of the Cubao apartment,


together with my wife, Susan Santos, as part of our absolute
community of property under the Family Code. The property is
registered under our names, as evidenced by:

a. Title No. 12345 issued by the Registry of Deeds, Pasig


City (Annex "A");

b. Tax Declarations showing the property’s assessed


value of Php 1,200,000.00 (Annex "B");

c. Real Property Tax Receipts proving my continuous


payment (Annex "C" series), all are made an integral
part hereof.

1|Page
4. From 2019 to 2024, Plaintiff extended multiple loans to
Defendant totaling Php 2,400,000.00 (Two Million Four Hundred
Thousand Pesos). These loans were given with the clear
understanding that they would be repaid, as evidenced by:

a. Text messages (Annex "D") where Defendant


promised to pay "when able";

b. Verbal agreements witnessed by my wife (Annex


"E"), and made an integral part hereof.

5. Despite Defendant’s financial capacity (evidenced by his


high five-digit salary as a BPO Team Leader), he refused
repayment, falsely claiming the amounts were gifts due to familial
ties.

6. Without Plaintiff’s consent, Defendant entered into an


unauthorized "rent-to-own" agreement with Susan Santos for the
spouses’ Cubao apartment, depositing Php 5,000.00 monthly into
their joint account as evidenced by Annex “F”, and made an
integral part hereof. Plaintiff revoked this agreement, treating
the Php 15,000.00 (total deposits) as partial loan repayment.

7. Defendant unlawfully refuses to vacate the apartment,


asserting spurious co-ownership rights under the absolute
community property regime. Under the law, both spouses must
consent to such transactions (Family Code, Art. 124). His
continued occupation is unlawful.

CAUSES OF ACTION
A. Breach of Contract (Articles 1156, 1170, Civil Code)

7. Defendant’s refusal to repay the loan violates the parties’


agreement and constitutes unjust enrichment (Article 22, Civil
Code). Loan agreements must be honored, and refusal to pay
constitutes breach.1

Article. 22. Every person who through an act of


performance by another, or any other means, acquires
or comes into possession of something at the expense

1
Spouses Bautista v. Pilar Development Corporation (G.R. No. 179801, 2012)

2|Page
of the latter without just or legal ground, shall return
the same to him.2

B. Ejectment (Unlawful Detainer)

8. Defendant’s occupation of the Cubao apartment lacks legal


basis, as Susan Santos had no unilateral authority to sell
community property (Article 124, Family Code). Unauthorized
transactions over community property are void. 3

“Article 124 of the Family Code requires that any


disposition or encumbrance of conjugal property must
have the written consent of the other spouse;
otherwise, such disposition is void. Further, under
Article 89 of the Family Code, no waiver of rights,
interests, shares, and effects of the conjugal
partnership of gains during the marriage can be made
except in case of judicial separation of property. 4”

C. Moral and Exemplary Damages

9. Defendant’s bad faith and defiance caused Plaintiff emotional


distress and financial harm (Articles 2217, 2232, Civil Code).

Article 2217. Moral damages include physical


suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock,
social humiliation, and similar injury. Though incapable
of pecuniary computation, moral damages may be
recovered if they are the proximate result of the
defendant’s wrongful act for omission.
xxx

Article 2232. In contracts and quasi-contracts, the


court may award exemplary damages if the defendant
acted in a wanton, fraudulent, reckless, oppressive, or
malevolent manner.

xxx

10. Plaintiff also suffered sleepless nights, mental anguish,


fright, serious anxiety and wounded feelings from

2
Article 22, Civil Code
3
Sps. Lozano v. Sps. Ballesteros (G.R. No. 136144, 2000)
4
Hapitan vs. Spouses Lagradilla and Esmeralda Blacer (G. R. No. 170004, January 13, 2016)

3|Page
dispossession aggravated by the wanton and willful
disregard by defendant of the plaintiff’s rights as the true
owner of the property. For this reason, the defendant should
be made to pay the plaintiff and owners the sum of
Php100,000.00 by way of moral damages.

11. By way of example or correction for the public good, the


defendant should be made to pay the amount of
Php100,000.00 as exemplary damages.

PRAYER

WHEREFORE, Plaintiff most respectfully prayed unto this


Honorable Court that after notice and hearing judgement be
rendered for the plaintiff and against the defendant:

1. Ordering Defendant to pay Php


2,385,000.00 (loan balance after deducting Php
15,000.00) with 6% annual interest from filing until full
payment5;

2. Ejecting Defendant from the Cubao apartment


and ordering surrender of possession to Plaintiff;

3. Awarding ONE HUNDRED THOUSAND PESOS


(Php 100,000.00) moral damages, ONE HUNDRED
THOUSAND PESOS (Php 100,000.00) exemplary
damages, and ONE HUNDRED THOUSAND PESOS
(Php 100,000.00) attorney’s fees;

4. Granting other just reliefs.

CERTIFICATION

Plaintiff certifies no criminal action is filed per Susan Santos’


request and no forum shopping exists.
Pasig City, 24 May 2025.

VICTOR SANTOS
5
Nacar v. Gallery Frames, G.R. No. 189871, 2013: Legal interest rate for loans is 6% per
annum

4|Page
Plaintiff

WOO YOUNG WOO LAW OFFICE


Counsel for Plaintiff
Unit 1234, Wynwyn Tower
Ortigas Center, Pasig City 1605
Tel. No. (02) 143-6387
Email: youngwoo.law@gmail.com

By:
PARK EUN-BIN
Roll of Attorney No. 143445
IBP No. 513210/5-5-25/Pasig City
PTR No. 87654/05-22-25/Pasig City
MCLE Compliance No. VIII-0012456789: 04/12/25

5|Page

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