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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES


SIXTH JUDICIAL REGION
BRANCH ____
BACOLOD CITY
STARLUBE CORPORATION,
Plaintiff,
- versus -

CIVIL CASE NO. ____________

DANILO R. ALCANTARA,
Defendant.
x ----------------------------------------------- x
COMPLAINT

COMES NOW the Plaintiff STARLUBE CORPORATION, through the


undersigned counsel, most respectfully states:

THE PARTIES
1.1.

Plaintiff STARLUBE CORPORATION is a domestic corporation duly

organized and existing under the laws of the Republic of the Philippines, with office
address at 6th Street, Bacolod City, Philippines. For purposes of this Complaint, plaintiff
may be served with orders, notices and other papers of this Honorable Court at the
address of the undersigned counsel.

1.2.

Defendant DANILO R. ALCANTARA is of legal age, married and a

resident of San Jose Extension, Dumaguete City, Negros Oriental, Philippines where he
may be served with summons, orders, notices and other papers of this Honorable Court.

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

2.1.

Plaintiff repleads, by reference, the foregoing allegation.

2.2.

Sometime between February to June 2006, plaintiff, which is engaged in

the selling of oil and battery products, delivered to the defendant, on a forty five (45) days
credit basis, various oil and battery products as evidenced by the following charge invoices
(for oil products) and delivery receipts (for batter products):
Charge Invoice No.

Date

20488
20494
1110
1111
1112
1113
1115
1121

2/27/06
3/14/06
5/9/06
5/11/06
5/20/06
6/3/06
6/15/06
6/20/06

Value
P

P
Delivery Receipt
No.

Date

C2006-032
C2006-031

3/15/06
3/15/06

13,331.00
7,285.40
8,702.90
1,288.50
9,190.35
8,641.20
13,446.25
2,371.20
58,403.70

Value
P

1,670.40
18,229.95
P 4,054.90

Annex
A
B
C
D
E
F
G
H
Annex
I
J

Copies of the above-mentioned charge invoices and delivery receipts are attached hereto
and made integral parts hereof as the annexes indicated above.

2.3.

As expressly stated in the above-mentioned charge invoices signed by the

defendant and/or his representative, [p]arties expressly submit to the jurisdiction of the
courts of Bacolod City for any legal action arising out of this transaction and to pay 25%
for attorneys fees plus cost of suit. Interest at the rate of 3% per month will be charged
on overdue account.

2.4.

However, in complete violation of his undertaking to pay the oil and

battery products mentioned in the above-mentioned charge invoices and delivery receipts
within a period of forty five (45) days from their respective dates of delivery, defendant
failed and refused to pay plaintiff the value of each of the said products.

2.5.

As a consequence, plaintiff, through the undersigned counsel sent to

defendant a demand letter dated ___ September 2006 demanding that defendant pay to
plaintiff the amount of Sixty Seven Thousand Five Hundred Fifty Eight and 59/100 Pesos
(P67,558.59), representing defendants unpaid obligations to the plaintiff inclusive of
interest and bank charges as of 02 August 2006 in connection with the deliveries of
various oil and battery products evidenced by the charge invoices and delivery receipts
enumerated in paragraph 2.2 hereof, plus attorneys fees, within a period of five (5) days
from receipt of the said demand letter. A copy of the demand letter dated ___ September
2006 is hereto attached and made an integral part hereof as Annex K.

2.6.

The above-mentioned demand letter was personally served upon defendant

on ___ October 2006 but despite the lapse of the five (5) days mentioned therein,
defendant refused and failed, as he continues to fail and to refuse, to pay his unpaid
obligations to the plaintiff.

FIRST CAUSE OF ACTION

3.1.

Plaintiff repleads, by reference, the foregoing allegations.

3.2.

Defendants continued failure and refusal to pay his unpaid obligations

under the above-mentioned charge invoices and delivery receipts (Annexes A to I


hereof) despite demand, is clearly unjustified, illegal and unlawful. Defendant therefore
must be ordered to pay to plaintiff: (a) the principal amount of Sixty Two Thousand Four
Hundred Fifty Eight and 60/100 Pesos (P62,458.60) representing defendants unpaid
obligations under the above-mentioned charge invoices and delivery receipts (Annexes
A to D hereof), plus interest thereon at three percent (3%) per month counted from
the amount of Two Thousand Four Hundred Pesos (P2,400.00), representing the bank
charges incurred by the plaintiff in depositing various dishonored checks issued by
defendant, of 30 September 2006, inclusive of interest. Attached hereto and made an
integral part hereof as Annex L is defendants statement of account as of 30 September

2006.

SECOND CAUSE OF ACTION

4.1.

Plaintiff repleads, by reference, the foregoing allegations.

4.2.

Due to defendants refusal to comply with plaintiffs just and lawful

demand, plaintiff, in order to protect its interest, was constrained to engage the services of
a lawyer for a amounting to twenty five percent (25%) of the total amount due to the
plaintiff, plus an appearance fee of One Thousand Pesos (P1,000.00) for every hearing
attended by the undersigned, and to incur litigation expenses the amount of which will be
proven during the trial.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court that, after due


hearing, a decision be rendered in favor of the plaintiff as follows:

a.

On The First Cause Of Action. - Ordering defendants to

pay plaintiff the amount of the amount of __________________ Pesos


(P__________________) representing defendants unpaid obligations
under the above-mentioned charge invoices and delivery receipts (Annexes
A to D hereof) of 30 September 2006, inclusive of interest, plus legal
interest thereon from date of first demand until fully paid; and

b.

On The Second Cause Of Action. - Ordering defendant

to pay plaintiff attorneys fees equivalent to ten percent (10%) of the total
amount due to the plaintiff, plus appearance fees of One Thousand Pesos

(P1,000.00) for every hearing attended by the undersigned, and to pay


plaintiff litigation expenses in such amount as may be proven during the
trial.

Plaintiff likewise prays for other reliefs just and equitable under the premises.

Bacolod City, Philippines, ___ October 2006.

LINUS G. ABAQUIN
Counsel for the Petitioners
Rooms 10 & 11, 2nd Floor Victorina Building
Rizal Street, Bacolod City 6100
Roll No. 35122
IBP LIFETIME MEMBER NO. 03438
PTR NO. 2252347-01/02/06-Bacolod City

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING


I, MARUIS ROLANDO L. HECHANOVA, of legal age and a resident of
Bacolod City, Philippines, after being sworn in accordance with law, hereby depose and
state:
1.
I am the President of Starlube Corporation, plaintiff in the
above-captioned Complaint, and I have caused the preparation and filing of
the same.
2.
I have read the contents of the foregoing Complaint and I
attest that the same are true and correct based on my own knowledge and
the records on hand.
3.
I further certify that Starlube Corporation has not
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
that, to the best of my knowledge, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or
agency.
4.
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 to
this Honorable Court that fact within five (5) days from such knowledge.

MARIUS ROLANDO L. HECHANOVA


Affiant

SUBSCRIBED AND SWORN to before me this ___ day of October 2006 affiant
exhibiting to me his Community Tax Certificate No. ______________ issued in Bacolod
City on ______________, 2006.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2006.