REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch 6
Cebu City

HAZEL HEDI A. CAJES, CIVIL CASE No. A002-4345

Plaintiff,
FOR: Damages for Breach of
-versus- Contract

__________________________,
Defendant.

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COMPLAINT

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

PLAINTIFF, by and through the undersigned counsel, respectfully

alleges as follows:

1. Plaintiff is of legal age, married, and a resident of Rm 301, USJR

Apartelles, Cebu City Cebu, Philippines

2. Defendant, is a corporation duly organized and existing under

Philippine Laws, having its principal office at Rm. 302, City Suites,
Ramost St., Lahug, Cebu City Philippines;

3. That the petitioner herein desired to build a house, as a present to her

then fiancé and for the purpose of moving in with her future husband
after their wedding on June 12, 2014, thus she availed of the services
of the defendant. She and the company president, ______________,
discussed the needs and specifications for the project. She was
assured by ________________ that the house will be finished before
the wedding;

4. On February 14, 2013, the defendant, entered into a written

agreement for the construction of a 2 storey house located in South
Road Properties, Cebu City, Cebu. Pursuant thereto, the plaintiff
agreed to pay the sum of P 1,000,000.00 for the project. She made a
down payment of P500,000.00 on the same day, with the balance to
 be due upon completion of the house. Herein defendant agreed to
build the house in accordance of plaintiff design and instructions for
the aforesaid price and to complete the work on or before June 12,
2013;

5. That on April 04, 2013, while the construction of the house was half
finished, the company president requested to the petitioner a break
from the construction of the house for his employees to have break
for the holy week which the petitioner permitted but with the
assurance from the defendant that the construction will resume after
the holidays;

6. Defendant failed to resume the construction of the house after the

holy week as it had promised. The petitioner made numerous calls,
sent several letters and even personally visited the defendant’s office
to remind them of the contract but the defendant did not respond and
wantonly abandoned the half finished project thus on June 12, 2013
herein defendant failed to finish the project as agreed upon;

7. A demand letter was sent on July 12, 2013 and another on August 15,
2013 for the defendant to complete the house construction or to
reimburse the down payment but all effort served futile;

8. By reason of the facts and circumstances stated above, defendant has

breached the contract;

9. Due to the abandonment of the project by the defendant, the

petitioner has suffered mental anguish, serious anxiety, and strain
relationship with her husband;

10. Unable to move in to the new house, petitioner had to pay rental fees
for the total of P45,000 from June until September of 2014, which
would not have been incurred had the defendant fulfill its obligation;

11.As a result of the breach of contract, Petitioner had to hire another

construction company with an excess cost of P500,000 just to finish
the house;

12.That the contract includes stipulations for liquidated damages for

failure to complete work, wherein the Contractor is to pay the Owner
liquidated damages equivalent to the One-Tenth of One Percent (1/10
of 1%) of the Contract Price per calendar day of delay until
 completion, delivery and acceptance of the said Works by the
OWNER to a maximum amount not to exceed 10%;

13. Considering the urgency of his changing status, the petitioner would
have not obtained the services of the Defendant, if the Defendant had
not assured him of timely completion of the house;

14.Defendant’s wanton abandonment and inducement of unreliable on-

time and fast completion of the construction project has caused harm
its client, which should be curtailed and prevented in the future;

15.Consequently, Plaintiff was constrained to engage the services of

counsel to whom it obligated itself to pay as Attorney's Fees the
amount equivalent to TWENTY FIVEPERCENT (25%) of the total
amount to be adjudged in favor of plaintiffs, and the costs of this suit.

PRAYER

WHEREFORE, the above premises considered, it is

respectfully prayed of this Honorable Court after hearing on the merits, that:

a. Defendant be ordered to pay for moral damages for the amount

of FIFTY THOUSAND PESO (P50,000);
b. Defendant be ordered to pay actual damages for the amount of
FIVE HUNDRED FORTY FIVE THOUSAND (P545,000)
c. Defendant be ordered to pay liquidated damages for the amount
of ONE HUNDRED THOUSAND PESOS (P100,000)
d. Defendant be ordered to pay exemplary damages for the amount
of ONE HUNDRED THOUSAND PESOS (P100,000)
e. Defendant be ordered to pay attorney’s fees in an amount
equivalent to TWENTY FIVE PERCENT (25%) of the total
amount to be adjudged in favor of plaintiffs;
f. Defendant be ordered to pay the costs of this suit.

Other reliefs just and equitable under the premises are likewise prayed
for.
 Respectfully submitted this 12th day of January 2015, done in the City
of Baguio, Philippines.

Geraldine Igual
Counsel for Plaintiff
Rm. 105, Cebu Holdings
Upper Session Rd. Cebu City
PTR No. 024/Cebu City/12-31-15
Roll of Atty. No. 74570
IBP Lifetime Membership No. 832
MCLE Compliance No. 0826
REPUBLIC OF THE PHILIPPINES }
DONE: IN THE CITY OF BAGUIO } S.S.
X ========================= X

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, HAZEL HEIDI A. CAJES, after having been duly sworn to in

accordance with law, hereby depose and state:

1. That I am a resident Rm 301, USJR Apartelles, Cebu City Cebu,

Philippines

2. That I have caused the preparation and filing of the foregoing

Complaint;

3. That I have read the contents thereof and that the allegations therein
are true and correct of my own personal knowledge and or based on
true and authentic records and documents;

4. That I hereby certify that I have not filed the same or similar action
or proceeding against the herein Defendants before any court or
tribunal in the Philippines or abroad. If I should learn that a similar
action or proceeding against the herein Defendants has been filed or
is pending before any other court or tribunal, I shall notify the court
within five (5) days from such notice.

IN WITNESS WHEREOF, I have hereunto signed this verification

this 12th day of January 2015.

HAZEL HEIDI A. CAJES

Affiant

SUBSCRIBED AND SWORN to before me in the City of Baguio this

th
12 day of January 2015 by HAZEL HEIDI A. CAJES, who has
satisfactorily proven her identity to me through her Professional Driver’s
License No. A01-45789valid until November 28, 2017, that she is the same
person who personally signed the foregoing affidavit before me and
acknowledged that she executed the same.
 Melanie Ayodoc
Notary Public
Until December 31, 2015
Unit 3A, 3rd Floor, Porta Vaga
Building, Session Road, Baguio
City
(074) 422-3287/ 09276435749
PTR No. 108083; 1-9-12/Baguio City
Roll of Attorney No. 101114; 1-9-12/
Baguio City
Doc. No. 73; IBP Lifetime Membership No.
0821057;
Page No.15; Baguio-Benguet
Book No. 1; MCLE No. III-0001178, 07-27-
11
Series of 2015. Commission Serial No. 75-NC-11 (R)
TIN: 922-596-319