REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
MAKATI CITY
BRANCH _____

VICTOR SANTIAGO,
Plaintiff,
-versus-

Civil Case No. _________

For: Collection of Sum of
Money

ISAGANI GOMEZ, doing business

under the name and style
FORTUNE AND SONS, INC.,
Defendant.
x---------------------------------------------------------x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
The Parties
1.
PLAINTIFF is of legal age, married, and with residence at 358 Sen.
Gil Puyat Avenue, Makati City. It may be served copies of all pleadings, motions,
orders, notices, and other court processes through its undersigned counsel at the
address stated below.
2.
DEFENDANT is Filipino, of legal age, and doing business under the
name and style FORTUNE AND SONS, INC., with postal address at No. 31 F.
Catapusan Street, Tanay, Rizal, where he can be served with summons and other
court processes.

Antecedent Facts
3.
PLAINTIFF is engaged in the business of manufacturing and selling
of cement. One of its customers is herein DEFENDANT, through his business,
FORTUNE AND SONS, INC.
4.
On various dates in 2009 and 2010, DEFENDANT purchased cement
from PLAINTIFF, and the latter sold and delivered to DEFENDANT the said
purchased items.
5.
These purchases of cement, and deliveries thereof to DEFENDANT
by PLAINTIFF, are evidenced by Sales Invoices and Delivery Tickets duly
acknowledged and signed by DEFENDANT or his authorized representative(s).
6.
Thus, DEFENDANTs purchases and PLAINTIFFs deliveries are
summarized as follows:
Sales
Invoice No.

Date

Description

Quantity

Amount

006472

22 November
2009

Island Portland 1WPP Bag

600

Php59,999.88

030400

5 January 2010

Island Portland 1WPP Bag

600

Php63,000.00

Copies of the above Sales Invoices and corresponding Delivery Tickets are
attached hereto as Annexes A to A-1 and B to B-1, respectively, and
made integral parts hereof.

7.

All the Sales Invoices provide:

The sale covered by this Sales Invoice is payable on demand unless
otherwise agreed upon and stated herein. Interest of two & one half
percent (2.5%) per month, or fraction thereof, shall be charged on all
overdue accounts. The parties herein expressly submit themselves to
the jurisdiction of the court of the City of Makati or any court in the
Philippines for any legal actions arising out of this transaction, and
the seller shall be entitled to attorneys fees equivalent to twenty five
percent (25%) of the amount due as well as an additional twenty five
percent (25%) of such amount as liquidated damages, exclusive of
litigation expenses and costs, but in no case shall it be less than Five
Thousand Pesos (P5,000.00). All prices are FOB handling and
delivery charges at destination are for the account of the buyer.

8.
Upon demand for payment by PLAINTIFF, DEFENDANT failed to
pay the above amounts due and owing to PLAINTIFF by reason of
DEFENDANTs purchases of cement.
9.
Hence, on 3 December 2011, PLAINTIFF, through counsel, sent
DEFENDANT a Final Demand Letter requiring DEFENDANT, within five (5)
days from receipt of said Final Demand Letter, to pay in full the total outstanding
principal amount due in the sum of Php124,200.02.
DEFENDANT received PLAINTIFFs Final Demand Letter on 3 December
2011.
A copy of said Final Demand Letter is attached hereto as Annex C and
made an integral part hereof.
10. To date, however, notwithstanding repeated demands and ample
opportunity given by PLAINTIFF, DEFENDANT has yet to settle his outstanding
obligations to PLAINTIFF.

11. In view thereof, PLAINTIFF is now entitled to recover from

DEFENDANT the amount of Php124,200.02, representing the purchase price for
the cement purchased by DEFENDANT from PLAINTIFF, with interest thereon at
the rate of 2.5% per month or fraction thereof, from the date the purchases are
made until the same is fully paid.
12. PLAINTIFF is further entitled to collect 25% of the above total
outstanding principal amount due (inclusive of interests) as and by way of
attorneys fees.
13. For having acted in wanton, fraudulent, reckless, oppressive, and/or
malevolent manner, and to serve as an example and correction for the public good,
DEFENDANT should be further ordered to pay the sum of at least Php200,000.00
as and by way of exemplary damages.
PRAYER
IN VIEW OF THE FOREGOING, PLAINTIFF respectfully prays that
judgment be rendered against DEFENDANT ordering the latter to pay
PLAINTIFF:
i.

The amount of Php124,200.02 representing the price of the cement

purchased by DEFENDANT from PLAINTIFF, with interest thereon
at the rate of 2.5% per month or fraction thereof, from the date the
purchases are made until the same is fully paid;

ii.

The amount equivalent to 25% of the total sum due under (i) above, as
and by way of attorneys fees; and

iii.

The additional of at least Php200,000.00, as and by way of exemplary

damages.

PLAINTIFF further prays for such other reliefs as may be just and equitable
in the premises.

Makati City, 19 December 2011.

MICHAEL TRINIDAD
Counsel for PLAINTIFF
12TH Floor TMBC Bldg.,
6772 Ayala Avenue, Makati City
PTR No. 6645355/1-10-11/Pasig
IBP No. 848006/1-10-11/Rizal
Roll No. 42941
MCLE Compliance No. III-0014101
Issued on 05-05-10

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, VICTOR SANTIAGO, of legal age and with residence at 358 Sen. Gil
Puyat Avenue, Makati City, after having been duly sworn, depose and say:
1. That I am the plaintiff in the above entitled complaint;
2. That I have caused the preparation of said complaint;
3. That I have read the allegations therein contained, and that the
same are true and correct of my personal knowledge and/or based on
authentic records.
4. That I have 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; and 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 the court wherein the aforesaid
complaint or initiatory pleading has been filed.
Witness my hand this 19th day of December 2011 at Makati City,
Philippines.

VICTOR SANTIAGO
Affiant

SUBSCRIBED AND SWORN to before me in Quezon City on this 19 th

day of December, affiant exhibiting before me his/her Community Tax
Certificate No. ____________ issued on ___________, 20___ at
_______________ City.

_____________________________
Notary Public

Doc. No. _____

Page No. _____
Book No. _____
Series of 20___.