REPUBLIC OF THE PHILIPPINES

6th JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 24
Iloilo City

SHARMAINE IBULGAR
Plaintiff, CIVIL CASE NO: 30129

- versus - FOR:

DAMAGES BASED ON
VICTORIA SECRETO BREACH OF CONTRACT
Defendants.

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COMPLAINT

PLAINTIFF, through the ParaSaMgaBrokenHearted Law Office and to

this Honorable Court, most respectfully states, that:

“Parties”

1. Sharmaine Ibulgar (Plaintiff) is of legal age, married, Filipino citizen

and with residence and/or postal address at Tagbak, Jaro, Iloilo City,
Philippines.

2. Respondent, Victoria Secreto, of legal age, married and a resident of

Passi City, Iloilo, Philippines. Defendant may be served with summons
and other processes of the Honorable Court at her stated addresses;

“Facts”

5. Sometime in February 2018, Mrs. Victoria Secreto (Respondent) met

with was then couple Sharmaine Mendoza and Val Ibulgar at a
restaurant near University of San Agustin. The couple agreed that they
will get Mrs. Secreto as their wedding coordinator for they have known
each other since high school and the fact that Mrs. Secreto is best friends
with Ms. Mendoza.

6. On April 8, 2018, the parties executed a contract (Service Agreement)

containing the details of the wedding and the obligations of the parties.
The said contract specifically stated the requests of the Plaintiff as to the
materials and designs for the wedding venue, the number of expected
guests, and the venue for the reception and the menu for the catering

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service. In addition, the contract also provides the Plaintiff’s special
request for the cake design. Copy of the said contract is attached as
Annex “A”;

7. The parties also stipulated in the said contract that the overall
expenses mentioned should be paid on or before the date of the wedding
which is December 15, 2018.

8. On October 11, 2018, Plaintiff, by the request of Respondent, issued

a check containing the amount of Two Hundred Fifty Thousand Pesos
(Php 250, 000) as a down-payment for the said wedding expenses. Copy
of said check is hereto attached as Annex “B”;

9. On November 17, 2018, an additional amount of Two Hundred Fifty

Thousand Pesos (Php 250, 000) was paid in cash by the Plaintiff to the
Respondent;

10. However, on November 18, a day after the Respondent accepted the
amount, the Plaintiff received a message on her Facebook account
through messenger saying that the additional amount of money was
stolen from her because her bag containing the money was rob at
Robinson’s Jaro. The Plaintiff, being considerate to her best friend, paid
the remaining balance of Two Hundred Fifty Thousand Pesos (Php 250,
000) and offered that the Respondent may make adjustments as to the
materials to be used in the venue. In exchange, the Respondent
promised that she will make her bestfriend’s wedding memorable as
provided in the conversation between Plaintiff and Respondent. Copy of
the document of the said conversation is attached hereto as Annex “C”.

11. On December 5, 2018, few days before the wedding, the Plaintiff had
difficulty in contacting her best friend as seen in the messages sent by
her through text. Copy of the document is attached hereto as Annex “D”.

12. Days before the wedding, on December 10, 2018, Respondent called
the Plaintiff that her husband Ruwelo would not be able to attend the
wedding and that there was cancellation on the band and catering
service that she reserved but promised that everything will be settled on
time and the wedding will push through as planned.

13. However, on December 12, 2018, Plaintiff received a message from

her friend Jilly Been that the wedding she attended turned into a
disastrous one because of the failure on the part of their mutual friend,
Victoria Secreto. Plaintiff did not mind the message because she trusted
her best friend so much. Copy of the said message is attached hereto as
Annex “E”.

14. However, on December 15, 2018, when the Plaintiff arrived at Jaro
Cathedral, she was surprised that there were no flowers inside the
church as if there was no wedding on that day. The Plaintiff, walked

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 down the aisle with tears and disappointments. Despite the incident, the
wedding ceremony continued.

15. However, when the newly-wed and the guests arrived at reception,
there were only five (5) lechon manok on the table and nothing else.
Forcing the bride and groom buy food for their guests at McDonald’s
Atria. Copy of pictures of lechon manok and the newly-wed buying at
McDonald’s is attached as Annex “F” and Annex “G”, respectively.

16. More disappointments followed when the cake arrived at the venue
and it was less and different than what was stipulated in the contract.
The worst was the first layer of the said cake is made from stryofoam
covered by red fondant. Copy of the picture of the said cake is attached
hereto as Annex “I”.

“Prayer”

WHEREFORE, premises considered, complainant most respectfully

prays that after due hearing, this Honorable Court would rule in her
favor and against the respondent, to wit:

1. Declare that the contract entered into by parties is valid and binding
to third persons;
2. Declare that the Respondent is liable of damages based on breach of
contract for failing to perform her obligations as stipulated in the
contract;
3. Declare that the Respondent should be liable for actual damages
amounting to 500,000 and for moral damages amounting to 50,000.
4. Other remedies just and equitable under the premises are likewise
prayed for.

Iloilo City, Philippines. January 4, 2019

By:

ANNA VICTORIA M. DELA VEGA

Counsel for the Plaintiff
nd
2 Flr., Rm 301, R&H Building
Gen. Luna Street, Iloilo City Tel. No. 330-38-20
PTR No. 5294351/January 4, 2017/Iloilo City
IBP ID NO.1017323/January 4, 2016/Iloilo City
Attorney’s Roll No. 81795
MCLE CERTIFICATE of COMPLIANCE dated
1-20-2017 under MCLE Compliance No. V-
00881795

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 VERIFICATION/CERTIFICATION

I, SHARMAINE M. IBULGAR, of legal age, married, Filipino and a

resident of Tagbak, Jaro, Iloilo, Philippines, after having been duly sworn in
accordance with law, hereby depose and state:

That I am the plaintiff in the above entitled complaint; That I have

caused the preparation of the foregoing Complaint; That I have read and
understood the contents thereof; That all the allegations contained therein
are true and correct based on my personal knowledge and/or available
authentic records;

That I hereby further certify that I have not commenced any other
action or proceeding involving the same issues in the Supreme Court, the
Court of Appeals or other tribunal or agency; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme Court,
the Court of Appeals or any tribunal or agency; that, if there is any such
action or proceeding which is either pending or may have been terminated, I
must state the status thereof and that if I should thereafter learn that a
similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals or any other tribunal or agency, I undertake to
report such fact within five (5) days to the court or agency wherein the
original pleading and sworn certification contemplated herein have been
filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

January 4, 2019, Iloilo City, Philippines.

SHARMAINE M. IBULGAR
Affiant

SUBSCRIBED AND SWORN to before me this January 4, 2019 at

the City of Iloilo, Philippines, Affiant exhibited to me her Philippine Passport
with No. P8912413A, Iloilo. I hereby certify that I have personally examined
the affiant and I am satisfied that he voluntarily executed and understood
the foregoing statements.

ATTY. NORVIE AINE P. SPECTER

Doc. No.: 124 NOTARY PUBLIC, CITY AND PROVINCE OF ILOILO
Page No.: 26 NOTARIAL COMMISSION REG NO 110
Book No.: XXVI ISSUED ON APRIL 24, 2018, ILOILO CITY
Series of 2019 FOR A TERM EXPIRING DECEMBER 31, 2020
RM. 9, JAMERLAN BUILDING, IZNART ST. ILOILO CITY
PTR No. 5294351/January 4, 2018/Iloilo City
IBP ID NO.1017323/January 4, 2016/Iloilo City
Attorney’s Roll No. 42796

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