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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


Mandaue City
Branch ___

MGMM FREIGHT
FORWARDERS, INC.,
Plaintiff,

-versus- Civil Case No. SC-_______


For: Sum of Money,
Damages

EXTREME SYSTEM
DISTRIBUTION and
CESAR TING,
Defendants.
x---------------------------/

COMPLAINT-AFFIDAVIT

I, Mario G. Osmea, III, Filipino, single, of legal age, a resident


of Brgy. Opao, Mandaue City, Cebu, and the Vice President and the
authorized representative of herein plaintiff, MGMM FREIGHT
FORWARDERS, INC. (MGMM for brevity) by virtue of a
Secretarys Certificate dated 25 July 2015,1 a corporation duly
organized and existed under the laws of the Republic of the
Philippines, with principal place of business located at G-107
Ongking Warehouse, Wireless, Mandaue City, after having been duly
sworn to under the law, hereby depose and say that:

1. For quite some time already until 04 October 2014,


defendant EXTREME SYSTEM DISTRIBUTION, through CESAR
TING (herein collectively referred to as the DEFENDANTS),
engaged the services of MGMM in order to handle the
documentation, processing and the release, as well as the delivery, of
DEFENDANTS articles/commodities to the latters place of

1A copy of the Secretarys Certificate dated 25 July 2017 is hereunto attached


and forms an integral part hereof as Annex A.

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business located at 265 Magallanes St., Brgy. Pahina Central, Cebu
City;

2. Every time MGMM would deliver the various


commodities to the DEFENDANTS, MGMM would issue an
Acceptance Receipt to defendant EXTREME. Attached hereunto are
the copies the Acceptance Receipts covering the period starting 13
March 2014 until 04 October 2014 and forms an integral part hereof as
Annexes B C D E F G H I J K L M N
O P Q R S T U V W X Y Z AA and
BB, respectively;

3. However, during the aforementioned periods,


DEFENDANTS, on several occasions, failed to pay the complete
amount as reflected on the Acceptance Receipts issued by MGMM,
and that DEFENDANTS, for no apparent reason, would only pay a
portion of the amount as reflected on the Acceptance Receipt;

4. Thus, on different occasions, MGMM issued a Statement


of Account to defendant EXTREME. Attached hereunto are copies of
said Statements of Account and forms an integral part hereof as
Annexes CC DD EE FF GG HH II JJ KK LL
MM NN OO and PP, respectively;

5. Several demands were made by MGMM, although


verbal, for the payment of the amounts reflected in the
abovementioned Statements of Account in the total amount of
EIGHTY TWO THOUSAND THREE HUNDRED TWENTY PESOS
and 35/100 (Php82,320.35), but DEFENDANTS did not heed the
demand;

6. On 22 September 2015, MGMM sent a written demand


letter which was received by DEFENDANTS on the same date,
demanding the payment of the above-stated amount. Attached
hereunto is a copy of said demand letter dated 22 September 2015
and forms an integral part hereof as Annex QQ;

7. After receiving said demand letter, DEFENDANTS


verbally promised MGMM to pay the abovementioned amount but
until present, DEFENDANTS still did not pay the same;

8. Thus, on 12 January 2017 at the instance of MGMM,


written demand was made by its counsel, to DEFENDANTS for the
payment of the abovementioned amount. Attached herewith is a

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copy of said demand letter dated 12 January 2017 and forms an
integral part hereof as Annex RR;
9. Despite having received the demand letter on 16 January
2017, DEFENDANTS still failed to pay the same;

10. Having no other options left, MGMM decided to file this


Complaint-Affidavit before the proper courts in Mandaue City in
order to compel DEFENDANTS to pay the amount of EIGHTY TWO
THOUSAND THREE HUNDRED TWENTY PESOS and 35/100
(Php82,320.35) plus legal interest thereon; and

11. I am executing this Complain-Affidavit to attest to the


truthfulness and veracity of the foregoing statements based on my
personal knowledge and/or based on authentic documents.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this _____ day of ______________, in Cebu City, Philippines.

MARIO G. OSMEA III


Affiant
TIN: 486-581-283-000

SUBSCRIBED AND SWORN before me this ____ day of


________________, in Cebu City, Philippines.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2017