REGIONAL TRIAL COURT Branch 97, Quezon City JUAN ANTONIO M. LEGASPI Plaintiff, -versus-
Civil Case No. 00102981
For: COLLECTION OF SUM OF MONEY
PEDROS LIPAT BAHAY
owned by PEDRO S. LETRAN Defendant x- - - - - - - - - - - - - - - - - - x COMPLAINT COMES NOW, the Plaintiff, JUAN ANTONIO M. LEGASPI, by the undersigned Counsel and unto the Honorable Court most respectfully states THAT: THE PARTIES 1.
Plaintiff is of legal age, married, Filipino and resident of
Tisa Hills Drive, Dead end Tisa Cebu City, Cebu, where he may be served with notices and other processes of this Honorable Court;
2.
Defendant is a sole proprietorship entity situated in
Pagsabungan, Mandaue City with no juridical personality distinct from the owner thereof, Pedro S. Letran who is of legal age, single, Filipino and is residing at 9 G. Esteban Building Lacson Street Bacolod City, Negros Occidental where he may be served with notices and other processes of this Honorable Court;
JURISDICTIONAL FACTS 3.
The jurisdiction of this case is with the Regional Trial Court,
the amount involved being more than Four Hundred Thousand Pesos (Php400,000.00) in accordance with BP 129, The Judiciary Reorganization Act of 1980;
4.
The proper venue of the suit is with the proper courts of
Quezon City as there was an exclusive stipulation 1 of the venue in the CONTRACT TO SELL attached herein as Annex A; FACTUAL ANTECEDENTS
5.
On October 10, 2015, the Plaintiff entered into a Contract
to Sell with the Defendant of five (5) second-hand vehicles worth One Million Pesos (Php1,000,000.00) each, payable on November 10, 2015;
6.
On November 10, 2015, the Defendant not only failed but
adamantly refused to make good his obligation in the contract alleging that the Plaintiff owed him One Million Pesos (Php1,000,000.00) plus interest for unpaid rentals for the container yard leased by the latter in his other business, Pedros Realty;
7.
Furthermore, the Defendant in blatantly refusing to make
payments, alleged that the Plaintiff is liable for damages on the warranties for hidden defects amounting to One Hundred Thousand Pesos (Php100,000.00);
8.
Even prior to the FINAL DEMAND dated November 30,
2015 attached herein as Annex B, several demand letters were sent to the Defendant to afford him the opportunity to comply with his obligation but all of them fell on deaf ears;
9.
The obligation remains unpaid at present;
FIRST CAUSE OF ACTION
10. Despite repeated demands, both oral and written, the
Defendant blatantly refused to make good his obligation in the Contract to Sell; 1 Any violation of any of the provisions could only be litigated before the proper courts of Quezon City. 2
11. This unjustifiable refusal of the Defendant gave rise to the
Plaintiffs cause of action for collection of sum of money in accordance with the Civil Code which provides: "Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.2 SECOND CAUSE OF ACTION 12. Granting without admitting and only for the sake of argument that the Plaintiff owed the Defendant One Million Pesos (Php1,000,000.00) in another business as well as liability for warranty on the contract amounting to One Hundred Thousand Pesos (Php100,000.00), the refusal of the Defendant to pay is in utter bad faith considering that his total obligation is Five Million Pesos (Php5,000,000.00) which far exceeds these amounts he wanted to offset; 13. For utter bad faith in refusing to make good his obligation in the contract, the Defendant is furthermore liable to damages for breaching the contract, as so provided: "In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation.3" 14. Plaintiff prays for Damages for lost interest amounting to Six Hundred Thousand Pesos (Php600,000.00); 15. Plaintiff finally prays for Attorneys fees in accordance with Article 2208(2)4 of the Civil Code amounting to Fifty Thousand Pesos (Php50,000.00) PRAYER WHEREFORE, the Plaintiff prays for the Honorable Court to: 1. Order the Defendant to pay the Plaintiff the amount of Five Million Pesos (Php5,000,000.00); and 2 Article 1159. RA 386. The Civil Code of the Philippines 3 Par. 2. Article 2201. RA 386. The Civil Code of the Philippines 4 When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. 3
2. Order the Defendant to pay Damages amounting to Six Hundred
Thousand Pesos (Php600,000.00) and Attorneys fees amounting to Fifty Thousand Pesos (Php50,000.00). Other forms of relief just and equitable are also prayed for. Respectfully submitted. Cebu City (for Quezon City) February 13, 2016 GO SIAO SY LAW OFFICES Counsel for the Plaintiff Room 201, Mondejar Bldg., City Hall Road, Pusok, Lapu-Lapu City, Cebu E-mail: attycmgcpa@gmail.com Telephone No. 490-1989 BY: ATTY. CAROLINE MARIE M. GO, CPA Roll of Attorneys No. 71181 IBP O.R. No. 0982078/01-09-2015/Cebu PTR O.R. No. 4949324/02-05-2015/Lapu-Lapu City MCLE COMPLIANCE Exempted. Admitted to the Bar on May 6, 2015
Republic of the Philippines)
City of Cebu )S.S. VERIFICATION / CERTIFICATION OF NON-FORUM SHOPPING I, JUAN ANTONIO M. LEGASPI, of legal age, Filipino, married and a resident of Tisa Hills Drive, Dead end Tisa Cebu City, Cebu, hereby depose and say THAT: 1. I am the Plaintiff in the above-stated case; 2. I have caused the preparation of this complaint, the contents that I have read are true and correct to the best of my personal knowledge and based on authentic records; 3. I certify that I have not caused to be filed any other action or proceeding, and to the best of my knowledge there is no such action or proceeding pending with the Supreme Court, Court of Appeals or any other agency or tribunal, involving the same issues raised in this petition; and 4. Should I learn later that a similar action or proceeding has been filed or is pending before other tribunal, I undertake to inform this Honorable Court within five (5) days therefrom. IN WITNESS WHEREOF, I have hereunto affixed my signature this 13th day of February, 2016 in Cebu City, Philippines. JUAN ANTONIO M. LEGASPI Affiant SUBSCRIBED AND SWORN to before me this 13th day of February, 2016 in Cebu City, Philippines, affiant exhibited to me his Voters ID VIN 2226-0366A-G2468DLE10000-3. Doc No. 300; Page No. 90; Book No. VII; Series of 2016