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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


SEVENTH JUDICIAL REGION
Branch ___
Mandaue City

PENSHONE INC., Civil Case No. ______


Plaintiff,

-versus- FOR: Specific Performance


and/or Damages for
Breach of Contract

YUNGCHOW CORPORATION,
Defendant.
x-------------------------------------------x

COMPLAINT

COMES NOW, the plaintiff together with the undersigned


counsel to this most honorable court, MOST RESPECTFULLY
STATES THAT;

The Parties

1. Plaintiff, PENSHONE INC., a domestic corporation duly organized


and existing under and by virtue of Philippine laws, with principal
business address at JDY Building, A.S. Fortuna Street, Mandaue City.
It is represented by the affiant signatory to the verification and
certification who has been appointed by the Board of Directors as its
duly authorized representative to the file this case and to represent it
in all court proceedings. Hereto attached as Annex “A” is the
Secretary’s Certificate incorporating the Board Resolution passed to
that effect;

2. Defendant, YUNGCHOW CORPORATION, a domestic corporation


duly organized and existing under and by virtue of Philippine laws, with
principal business address at TGU Tower, IT Park, Cebu City;

3. Plaintiff is engaged in the business of providing computer services,


systems and network administration, and assistance to BPO
companies and tech support providers in the Visayas and Mindanao;

4. Defendant is a technical support service provider;


The Facts

5. Defendant engaged the services of plaintiff for the purchase of


AS5350 CISCO Router;

6. On February 1, 2018, plaintiff received a request for price quotation


from defendant of the aforesaid Router;

7. On February 2, 2018, plaintiff submitted to defendant a price


quotation of the aforesaid AS5350 CISCO Router in the amount of
P694,551.40 with the specification, terms of payment and other
conditions, hereto attached as Annex “B”;

8. The said price quotation and letter was addressed to the defendant’s
President which was conformed to and accepted by the President and
the Accounting Office on February 9, 2018, the quotation approval is
herein attached as Annex “C”;

8. On February 18, 2018, defendant sent a letter to the plaintiff


regarding the purchase order of the Router with the specifications
agreed upon which was signed by the Head of the Purchasing and
Accounting Department and noted by the President of the defendant,
hereto attached as Annex “D”;

9. The delivery terms of the Router is 30 to 45 working days from the


date of the receipt of the Purchase Order which is February 18, 2018
considering the fact that the said items an equipment are to be shipped
by plaintiff from abroad;

10. On March 7, 2018, while the ordered items were already enroute
to Cebu, defendant sent a letter to the plaintiff that it is cancelling the
contract without any valid reason and due notification, hereto attached
as Annex “E”;

11. On March 13, 2018, plaintiff informed defendant through a letter


that the items were already enroute and may no longer be cancelled,
hereto attached as Annex “F”;

12. On March 18, 2018, plaintiff immediately informed defendant


through a letter that the items have just arrived and that the same were
now ready to be delivered and installed as per agreement in the
contract, hereto attached as Annex “G”;
13. Upon delivery, defendant refused to receive the items as ordered.
Despite several demands and earnest efforts to seek compliance and
performance made by the plaintiff, defendant still refused to comply
with its obligation under the contract.

14. Defendant’s failure to comply with the obligation under the contract
constitutes a breach of contract and have damaged the plaintiff in the
amount of P694,551.40 constituting the actual cost of the items,
storage costs, shipping costs, and unrealized profits and plaintiff was
force to litigate to vindicate his rights thereby committing himself to pay
legal expenses amounting to P100,000.00.

Prayer

WHEREFORE, plaintiff respectfully prays that judgment be


rendered against defendant, as follows:

1. Order that defendant specifically perform its obligation under the


contract and to receive the items to be delivered;

2. In the event that the court does not order specific performance of
the contract, the payment of damages in the amount of
P694,551.40 and attorney’s fees in the amount of P100,000.00
exclusive of appearance fee for every court hearing; and

3. The costs of suit.

Further, plaintiff prays for other just and equitable relief.

Mandaue City, March 18, 2019.

Counsel for Plaintiff


th
5 Floor, Tulips Center Building
A.S. Fortuna St., Mandaue City
Attorney’s Roll No. 452687
IBP No. 236578 – 01/05/18 – Cebu City
PTR No. 245879 – 01/10/18 – Cebu City
MCLE Compliance No. VI – 4575541 – December 28, 2018
VERIFICATION AND CERTIFICATION

I, DANIEL C. LOPEZ, of legal age, Filipino with office and postal


address at JDY Building, A.S. Fortuna Street, Mandaue City, after
having been sworn in accordance with law, hereby depose and say
that:

1. I am the General Manager of Penshone Inc. and am authorized


by plaintiff corporation to file this compliant; I caused the
preparation of the foregoing Complaint for Specific Performance
and/or Damages for Breach of Contract and I have read and
understood the contents thereof and the allegations contained
therein are true and correct based on authentic records in our
possession;

2. Pursuant to Supreme Court Administrative Circular No. 04-94, I


hereby certify that Plaintiff has not therefore commenced any
other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or
agency, and to the best of my knowledge, no such action or
processing is pending in the Supreme Court, the Court of
Appeals or any tribunal or agency, and 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 that within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this 18th day of March 2019 at Mandaue City, Cebu, Philippines.

DANIEL C. LOPEZ
Affiant

SUBSCRIBED AND SWORN to before me this 18th day of March


2019 by Daniel C. Lopez who exhibited to me his SSS ID No. 07-
525741 issued on January 16, 2000 at Cebu City, Cebu.

Notary Public
Until December 31, 2019
Notarial Commission No. 458795
MCLE Compliance No. 4575541
Roll of Attorney No. 452687
IBP No. 236578 Chapter No. 7
Mandaue City, Philippines