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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


FIRST JUDICIAL REGION
Branch 69
Cebu City

JULIET LOVE V. ROMEO, CIVIL CASE No. A002-6969


Plaintiff,

-versus- FOR: Damages for Breach of


Contract
LOVE AND OTHER DRUGS CORP..,
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. 03 3 rd


Floor Ina Mansions, Kisad Road, Cebu City;

2. Defendant, LOVE AND OTHER DRUGS CORP.., is a


corporation duly organized and existing under Philippine Laws,
having its principal office at Rm. 2A Antipolo Building, Moot
Road, Cebu City;

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


his then fianc and for the purpose of moving in with his future
wife after their wedding on June 12, 2014, thus he availed of
the services of the defendant. He and the company president,
Mr. Noel Lemon, discussed the needs and specifications for the
project. He was assured by Mr. Lemon that the house will be
finished before the wedding;
4. On February 14, 2014, Mr. Romeo and LOVE AND OTHER
DRUGS CORP.. entered into a written agreement for the
construction of a 2 storey house located in 21 Bokawkan Road,
Cebu City. Pursuant thereto, Mr. Romeo agreed to pay the sum
of P 1,000,000.00 for the project. He 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,
2014;

5. That on April 04, 2014, while the construction of the house was
half finished, Mr. Noel Lemon, the company president
requested to the plaintiff a break from the construction of the
house for his employees to have break for the holy week which
Mr. Romeo permitted but with the assurance from Mr. Lemons
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. Mr. Romeo made numerous
calls, sent several letters and even personally visited the
defendants office to remind them of the contract but the
defendant did not respond and wantonly abandoned the half
finished project thus on June 12, 2014 herein defendant failed
to finish the project as agreed upon;

7. A demand letter was sent on July 12, 2014 and another on


August 15, 2014 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 LOVE AND


OTHER DRUGS CORP.., Mr. Romeos has suffered mental
anguish, serious anxiety, and strain relationship with his wife;

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 LOVE AND
OTHER DRUGS CORP.. 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 Plaintiff


would have not obtained the services of the Defendant, if the
Defendant had not assured him of timely completion of the
house;

14.Defendants 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 attorneys 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 2016, done in the City
of Cebu, Philippines.

William Shakespeare
Counsel for Plaintiff
Rm. 105 Patria de Cebu Bldg,
Upper Moot Rd., Cebu City
PTR No. 024/Cebu City/12-31-16
Roll of Atty. No. 74570
IBP Lifetime Membership No. 143
MCLE Compliance No. 0845

REPUBLIC OF THE PHILIPPINES }


DONE: IN THE CITY OF CEBU } S.S.
X ========================= X

VERIFICATION AND CERTIFICATION AGAINST FORUM


SHOPPING

I, JULIET LOVE V. ROMEO, after having been duly sworn to in


accordance with law, hereby depose and state:
1. That I am a resident Rm. 03 3rd Floor Ina Mansions, Kisad Road,
Cebu City;
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 2016.

JULIET LOVE V. ROMEO


Affiant

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


th
12 day of January 2016 by JULIET LOVE V. ROMEO, who has
satisfactorily proven her identity to me through her Professional Drivers
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.

Cesar Clinton A. Villaflor, JR


Notary Public
Until December 31, 2016
Unit 3A, 3rd Floor, Porta Vaga Building,
Moot Road, Cebu City
(074) 422-3287/ 09276435749
PTR No. 108083; 1-9-12/Cebu City
Roll of Attorney No. 101114; 1-9-12/
Cebu City
Doc. No. 73; IBP Lifetime Membership No. 0934564;
Page No.15; Cebu-Benguet
Book No. 1; MCLE No. III-0001178, 07-27-11
Series of 2016. Commission Serial No. 75-NC-11 (R)
TIN: 922-596-319