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City of Malolos



Civil Case No.

-versus- For: Sum of Money





PLAINTIFF, through counsel, unto this Honorable Court most

respectfully states:

1. That Plaintiff is a corporation organized and existing under

Philippine Law with principal business address at 10 Pandi
Provincial road, Brgy. San Roque, Pandi, Bulacan
represented by its President, ARNOLD V. BERNARDO,at which
address, the parties herein may be served with summons and
other court processes. A copy of the Secretary’s Certificate
is hereto and marked as Annex A;

2. That the Defendant likewise is a corporation organized and

existing under Philippine Laws with principal place of business
at 111 Paseo de Roxas Street, Makati and No. 50 Nava St.
Whitefield St. White Plains Subdivision, Quezon City
represented by ANNA MELISSA G. NAVA its Export Manager,
at which address, the parties herein may be served with
summons and other court processes;
3. That on 11 October 2018, the Plaintiff received an email from
the Respondent thru its representative in the name of one
Marco Ladios( The subject of the
email was the Purchase Order, Translation Information, and
Warehouse details.The Purchase Order was intended for
export by the herein Respondent to Hamad, Qatar
amounting to USD 16,420.98. A copy of the said purchase
order is hereto attached and marked as Annex “B”and

4. That the all conditions and covenants contained in the

aforementioned Purchase Order was strictly adhered to and
observed by the herein Plaintiff , to wit : (a) delivery date; (b)
items were delivered based on specification agreed upon in
accordance with the conditions and covenants in the
Purchase Order and Memorandum of Agreement; (c) the
Plaintiff has nothing to do with whatever rules and regulation
in Qatar Customs requirement and as this is solely the
responsibility of the herein Defendant as an Exporter and
whatever instructions as to packing, labeling and other
products specification were directed and instructed by the
herein Defendant and the same were strictly observed and
adhered to by the herein Plaintiff; (d) The herein Plaintiff had
no direct communication to Al Meera , Defendant’s client as
to product specification, labeling and packaging as the
same were given to us by the latter to the herein Plaintiff and
the same were strictly observed and adhered to ;

5. That on 18 October 2018, the Respondent has received and

accepted the products in good condition and upon
clearing and there should be discrepancies with the agreed
product compliances and standards, an investigation will be
done to check and trace responsible parties, which include
but are not limited to the Plaintiff, Defendant, Logistics
company, and the Buyer. The same was indicated under the
Memorandum of Agreement executed by both parties. A
copy of the said Memorandum of Agreement is hereto
attached as Annex “C” and “C-1”;
6. That under the aforementioned Memorandum of
Agreement, the payment terms of the said delivery were
scheduled as 10% down payment before shipment
amounting to One Thousand Six Hundred Forty Two and
10/100 USD ($ 1, 642.10) and the remaining balance of 90%
(less 5% Commission) amounting to Fifteen Thousand Five
Hundred Ninety Nine and 93/100 USD ($ 15, 599.93) wasupon
payment of Al Meera Consumer Goods (Q.S.C.) to 1Export 30
days after clearance of good;

7. That the reasons why the products subject of the said

Purchase Order have been rejected is due to the fault of the
herein Defendant considering that when the same were
delivered in its warehouse, the same were properly and
thoroughly inspected and checked for any defects
whatsoever. In fact, the said delivery was stored in their
warehouse for several days before its shipment from Manila
Port to its destination and the Plaintiff during the said period
before shipment had not received any complaint from the
herein Defendant as to product quality, labeling and
packaging for rectification or correction;

8. That the Plaintiff again let some time to pass before he again
personally asked the Respondent to settle its obligation but
the Respondent stubbornly failed to comply and instead
referred us to their counsel which in our observation would
only meant they do not have any intention to settle their
obligations ;

9. That the herein Plaintiff had sent a formal demand letter to

pay to the herein Respondentdated 29 April 2019, requesting
for the payments of the aforementioned amount, but,
instead of paying, the latter refused to pay. Ms. Anna
Melissa G. Nava received the said demand letter on 07 May
2019. A copy of the demand letter and LBC receipt is hereto
attached and marked as Annex “E” and “F”, respectively;
10. That the undersigned counsel had received a reply
instead from Atty. Vincent Noel A. Aureus, the Defendant’s
counsel and asked what is legal and factual basis are in our
demand to pay. Attached is the copy of the said reply and
marked as AnnexG;

WHEREFORE,premises considered, it is most respectfully

prayed before this Honorable Court to render decision in
favor of the Plaintiff and order the Defendant to pay the

1. A sum of Fifteen Thousand Five Hundred Ninety Nine

and 93/100 USD ($ 15, 599.93) representing the
unpaid obligation or its peso equivalent;

2. Moral damages, exemplary damages at the sum

discretion of the court;

3. Ordering the defendant to pay the costs of this suit,

Attorney’s fees amounting to Fifty thousand pesos
(Php 50, 000) and an appearance fee of five
thousand pesos (Php5,000) for every hearing;

Other reliefs and remedies deemed just and equitable

under the foregoing premises are likewise prayed for

Balagtas, Bulacan,for Malolos City, July 29, 2019


Counsel for the Plaintiff
Roll Number: 70451
PTR No. 1685979 C issued on 1.03.19 at Balagtas, Bulacan
IBP No. 088767; 06.26.2019
MCLE No. VI-0007316; 04-12-2018 valid until 04.14.2022
Office Address: Unit No. 3, 2nd Floor Jesus Austria Building, 427 Brgy.
Wawa, Balagtas, Bulacan