Republic of the Philippines

Third Judicial Region

REGIONAL TRIAL COURT
TARLAC CITY
Branch _______

MAURO MARASIGAN,

Plaintiffs,

-versus-

ROMARICO S. SANTOS,

Defendants.

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

COMPLAINT

Plaintiffs, by counsel, to this Honorable Court, most respectfully alleges:

1. Plaintiff is of legal age, Filipino, married and with residence address

at No. 53 MacArthur Highway, Poblacion, Tarlac City;

2. Defendant ROMARICO S. SANTOS is likewise of legal age and

Filipino, with residence address at 312 Cagayan Valley Road,
Tabang, Plaridel, Bulacan and may be served with summons,
notices, copies of pleadings and other court processes thereat;

3. Plaintiff is a small contractor and provides labor, supplies and

materials for residential buildings. In pursuit of his business, he
usually engages the services of other providers, particularly when his
contract requires extraordinary specifications;

4. For one of his contracts in the year 2014, plaintiff engaged the
services of defendant, who specializes in the fabrication of antique
looking furniture and fixtures, for the provision of four (4) wooden
doors, with special carved design;

5. Defendant accepted the contract, and promised to finish the four (4)
wooden doors in three months time. Upon his acceptance, plaintiff
 made a downpayment of P70,000.00. The total price agreed upon for
the four (4) doors is P170,000.00;

Attached as Annex A is the Invoice which contains the terms of the

contract between the parties;

6. Upon the lapse of the three month period, defendant failed to deliver
the four (4) wooden doors as specified in the contract, so that plaintiff
was likewise unable to complete his contract with his client;

7. On December 02, 2016, plaintiff sent defendant a demand letter,

asking him to return the P70,000.00 that he paid as downpayment
because he failed to deliver the four (4) doors within the time
specified. Despite receipt of the demand, defendant refused to return
the amount.

Copy of the Demand Letter dated December 2, 2016 is hereto

attached as Annex B;

8. Defendants failure to deliver the four (4) doors within three months
caused plaintiff undue damage and prejudice, since he was unable to
comply with his own undertakings in favor of his client. Plaintiff lost
the contract with his client, which would have earned him a net profit
of P500,000.00, for which defendant should be liable as
compensatory damages;

9. So that others may be forewarned against the commission of acts

similar to those done by defendant and to set an example for public
good, plaintiff should also be awarded exemplary damages;

10. For the protection of his right, plaintiff was constrained to retain the
services of counsel for an acceptance fee of FIFTY THOUSAND PESOS
and appearance fee of FIVE THOUSAND PESOS per hearing.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

HONORABLE COURT that after notice and hearing judgment be rendered in favor
of plaintiff and against defendant and ordering defendant to-

a. Refund the amount of P70,000.00 in favor of plaintiff, as actual

damages;
b. Pay plaintiff

1) P500,000.00 as compensatory damages for lost income

opportunity;
2) P50,000.00 as exemplary damages and
3) P50,000.00 as and by way of attorneys fees.

Other reliefs just and equitable are likewise prayed for.

Republic of the Philippines

 Third Judicial Region
REGIONAL TRIAL COURT
TARLAC CITY
Branch _______

MAURO MARASIGAN,

Plaintiffs,

-versus-

ROMARICO S. SANTOS,

Defendants.

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

ANSWER WITH SPECIAL AND AFFIRMATIVE

DEFENSES AND COMPULSORY COUNTER CLAIM

DEFENDANT, by counsel, to this Honorable Court,

respectfully avers, that:

ADMISSIONS AND DENIALS

1. Defendant ADMITS the allegations in paragraphs 1 and 2

of the complaint;

2. Paragraph 3 is specifically DENIED, for lack of knowledge

sufficient to form a belief as to the truth or falsity thereof;

3. Defendant ADMITS paragraphs 4 and 5;

4. Defendant specifically DENIES paragaraph 6. Contrary to

the allegation of plaintiff, he was able to finish the four (4)
doors in the period specified but plaintiff failed to collect the
doors from his shop and to pay in full the contract price.
Defendant had no obligation to deliver the doors to plaintiff,
since they agreed that it would be plaintiff who will pick up
the doors from defendants shop, after payment of the price
in full;
5. Paragraph 7 is ADMITTED as to the existence of the
demand letter, but not as to the truth of the matters
declared therein. In fact, defendant sent plaintiff a letter-
reply (copy attached as Annex 1) denying liability for any
refund;

6. Defendants specifically DENY paragraphs 7, 8 and 9 of the

complaint. It is the plaintiff himself who breached their
contract, so that defendant cannot be held liable for
damages;

SPECIAL AND AFFIRMATIVE DEFENSES

7. Defendant finished work on the four (4) doors within the

three-month period specified under the Invoice. He
expected that plaintiff will pick up the doors within a
reasonable time after completion of the work, but plaintiff
did not. He made frequent calls to plaintiff, but he never
returned them. In fact on March 30, 2015, more than
three (3) months after the due date for the pick up of the
doors, defendant sent a letter to plaintiff, formally
informing him that the doors are ready for pick up and
that he needs to pay the balance on the purchase price
equivalent to P100,000.00 (Annex 2);

8. Despite receipt of the letter, plaintiff never made any

attempt to collect the doors, nor to communicate with
defendant regarding the settlement of the balance on the
purchase price. Almost two years have passed since the
work commissioned by plaintiff had been completed,
ready and available for his pick up, which plaintiff failed to
do;

9. Plaintiffs claim that it is defendants failure to deliver the

doors that caused his failure to comply with his
undertakings with his client is untrue. In fact, his
supposed client, Mr. Arnie Laurentino, personally talked to
defendant and told him that he and plaintiff had some
issues as he has already advanced plaintiff half the
contract price for the construction of a residential unit, but
plaintiff had only done the foundations of the unit so that
he already cancelled the contract with plaintiff but not on
account of the doors defendant made;
 COMPULSORY COUNTERCLAIMS

Defendant repleads and incorporates herein all the

foregoing material allegations and further states that:

10. Defendant expended time, money and effort in completing

the work commissioned by plaintiff. The defendant
infused substantial investment in the doors, which are had
been available for plaintiffs pick-up since December,
2014. Plaintiff should be compelled to collect the doors
and pay the balance of the purchase price, with interest of
12% per annum from the December, 2014;
11. Due to filing of this suit, defendants suffered severe
emotional stress and mental anxiety leading to sleepless
nights and stress related illnesses, for which defendant
should be compensated by way of moral damages in the
amount of ONE HUNDRED THOUSAND (P100,000.00);

12. So that others may be forwarned against the filing of

indiscriminate suits like this one, plaintiff should be made
liable for exemplary damages in the amount of ONE
HUNDRED THOUSAND PESOS (P100,000.00);
13. To defend themselves from plaintiffs baseless claims and
protect their rights and interest over their own property,
however small, defendants were constrained to secure
the services of counsel for an acceptance fee of FIFTY
THOUSAND PESOS (P50,000.00) and an appearance fee of
THREE THOUSAND FIVE HUNDRED PESOS (P3,500.00), for
which the plaintiff should be held liable.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court, after hearing, to render
judgment against plaintiff and in favor of defendants -

1. DISMISSING the plaintiffs Complaint;

2. ORDERING plaintiff to accept the four (4) doors that he

commissioned, pay the balance thereon of P100,000.00 with
interest at 12% per annum from December 14, 2014;

3. ORDERING plaintiff to pay defendant -

 a) ONE HUNDRED THOUSAND PESOS (P100,000.00) for
moral damages;
b) ONE HUNDRED THOUSAND PESOS (P100,000.00) as
exemplary damages; and
c) FIFTY THOUSAND PESOS (P50,000.00) as and by way of
attorneys fees.

Defendants further pray for such reliefs and remedies just

and equitable under the premises.
 Annex A Plaintif

RS SANTOS WOODWORKS
Plaridel, Bulacan

INVOICE

Date: September 19, 2014

CUSTOMER NAME: MAURO MARASIGAN

Tarlac City

FOUR WOODEN DOORS WITH CARVING

Size : length - 9 feet
Width - 5 feet

TOTAL PRICE P170,000.00

Downpayment 70,000.00
Balance 100,000.00

Completion period: 3 months

Balance to be paid on or before pick up.

(Sgd) (Sgd)
ROMARICO SANTOS MAURO MARASIGAN
Mr. ROMARICO SANTOS Annex B - Plaintif
RS SANTOS WOODWORKS
Plaridel, Bulacan

December 2, 2016

Mr. Santos:

This is to demand the refund of P70,000.00 which I

advanced in your favor as downpayment for four (4) wooden
doors with carving that you were unable to deliver on time.

Your failure to deliver the said doors became the reason

for the cancellation of my contract with a client. I will no
longer sue you for damages if you will refund the P70,000.00
within fifteen (15) days from receipt of this demand.

MAURO MARASIGAN
RS Santos Woodworks
Annex 2 defendant
Plaridel, Bulacan

March 30, 2015

Dear Mr. Santos,

I have tried to get in touch with you many times, but you
have ignored all my calls. I wish to remind you that the work
you commissioned per our invoice dated September 19, 2014
have been completed and ready for your pick up since
December 19, 2014. Until now, you have not made any
attempt to pick them up, nor have you paid the balance of
P100,000.00.

Please collect the doors and pay the balance of

P100,000.00 within fifteen days from receipt of this letter. In
the alternative, please inform me within the same period if you
no longer have any need for them, so that I could dispose of
them.

Inaction on your part will result in my prejudice, for which

you may be held liable for interest at 12% per annum and other
damages.

ROMARICO S. SANTOS
RS SANTOS WOODWORKS Annex 1- Defendant
Plaridel, Bulacan

January 31, 2017

Dear Mr. Marasigan:

If you will remember, I reminded you many times that the

work you commissioned were completed as scheduled and that
the four (4) wooden doors had been available for pick up since
December, 2014. In fact, I even wrote you a letter asking you
to pick up the doors and pay the balance thereon, or inform me
if you no longer need them so I could dispose of them
accordingly.

The doors you ordered are still in the shop and you may
pick them up if you can pay the balance of P100,000.00.
However, because of your delay in paying the balance, I will
charge you 12% interest per annum on the said balance.

I hope you understand my situation.

ROMARICO S. SANTOS