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Republic of the Philippines

REGIONAL TRIAL COURT


7th Judicial Region
Branch 7
Cebu City

RAMON Z. MARIANO, D
Plaintiff,
CIVIL CASE NO. R-CEB-
– versus – 1234567890-CV

ERNESTO SUSANO, FOR: Specific Performance with


Defendant. Damages

x------------------------------------------/

COMPLAINT
Plaintiff, through counsel and unto the Honorable Court, respectfully
alleges that:

1. Plaintiff is of legal age, Filipino and residing at 342-A Acacia St.,


Kamputhaw, Lahug, Cebu City, at which address he can be served with
summons and other processes, writs and notices from the Court.

2. Defendant is of legal age, Filipino and residing at No.152 F. Ralota St.,


Danao City 6004, Cebu, at which address he can be served with
summons and other processes, writs and notices from the Court.

3. Plaintiff is an antiques collector and a hobbyist.

4. Defendant is the owner of an antique 10-foot aparador (clothes closet


or cabinet) located in his residence as mentioned in paragraph 2 of this
Complaint.

5. On November 15, 2016, Plaintiff and Defendant entered into an oral


agreement for the sale of the said antique aparador in the amount of
Thirty Thousand Pesos (P30,000.00) with a down payment Eighteen
Thousand Pesos (P18,000.00).

6. The following day, Plaintiff deposited his down payment of Eighteen


Thousand Pesos (P18,000.00) to Defendant’s Savings Account in BPI –
Danao City Branch.
7. On November 23, 2016, when Plaintiff went to Defendant’s residence
to settle his balance of P12,000.00 and to pick up the aparador as
agreed, the latter was nowhere to be found nor can he be reached
through phone.

8. Thereafter, Plaintiff received a text message from Defendant informing


him that the sale will no longer push through. The former tried to seek
for an explanation but the latter would only ignore and reject his calls.

9. Consequently, Plaintiff sent a written demand letter to Defendant for


the delivery of the antique aparador to him which the latter
obstinately refused to heed.

10. Because of Defendant’s failure and deliberate refusal to make good his
end of the agreement, Plaintiff was forced to engage the services of
counsel for an attorney’s fee of Thirty Thousand Pesos (P30,000.00)
and to seek judicial relief through this suit incurring litigation expenses
of Fifty Thousand Pesos (P50,000.00).

11. Because of Defendant’s act of willfully and maliciously abandoning his


contractual obligations after collecting the down payment from the
Plaintiff, the former should be penalized to serve as an example for the
public good and in order to deter others similarly minded from
committing the same. An award of exemplary damages in the sum of
One Hundred Thousand Pesos (P100,000.00) would be reasonable
under the circumstances.

PRAYER

In light of the foregoing premises, it is respectfully prayed of the


Honorable Court to order Defendant:

1. To deliver the aparador and receive from Plaintiff the balance payment
of Twelve Thousand Pesos (P12,000.00) in accordance to their
agreement;

2. In case the delivery of the antique aparador is rendered impossible, to


rescind the agreement of sale and to return to Plaintiff the down
payment of Eighteen Thousand Pesos (P18,000.00) with interest;

3. Pay attorney’s fees in the amount of Thirty Thousand Pesos


(P30,000.00);
4. Pay litigation expenses in the amount of Fifty Thousand Pesos
(P50,000.00); and

5. Pay exemplary damages in the amount of One Hundred Thousand


Pesos (P100,000.00).

Such other reliefs just and equitable under the circumstances are
likewise prayed for.

June 20, 2017. Cebu City, Philippines

BARROT & BISNAR LAW OFFICES


Counsel for the Plaintiff
218 Cebu Holdings Center Bldg.,
Cardinal Rosales Ave., Cebu City 6000

By:

RIOROSE MAIR Q. BARROT


S.C. ROLL NO. 66902
PTR No. 1289658 - 1/9/17 - Cebu City
IBP No. 45655 - 1/9/17 - Cebu City
MCLE Compliance No. V-0011240 valid until 4/14/19
Email: riorosemairbarrot@rocketmail.com
Contact Number: +63977-367-7367

KATREENA M. BISNAR
S.C. ROLL NO. 74138
PTR No. 7694286 - 1/9/17 - Cebu City
IBP No. 19660 - 1/9/17 - Cebu City
MCLE Compliance No. V-0013415 valid until 4/14/19
Email: kat.bisnar@gmail.com
Contact Number: +63933-865-0938
REPUBLIC OF THE PHILIPPINES )
City of Cebu ) S.S.
x-----------------------x

VERIFICATION AND CERTIFICATION


AGAINST FORUM SHOPPING

I, RAMON Z. MARIANO, of legal age, Filipino, and with residence at


342-A Acacia St., Kamputhaw, Lahug, Cebu City, after being sworn in
accordance with law, hereby depose and state THAT:

1. I am the Plaintiff in the above instant case;

2. I have read the same and understood the contents and allegations
stated therein, and that the same are true and correct to the best
of my personal knowledge and based on authentic records and
documents;

3. I hereby certify that neither I have heretofore commenced any


other action or proceeding involving the same issues before the
Supreme Court, the Court of Appeals or any court, tribunal, or
quasi-judicial agency, and to the best of my knowledge, no such
action or claim is pending therein; and

4. If I should thereafter learn that a similar action or proceeding has


been filed or is pending before any of these courts, tribunal or
quasi-judicial agency, I shall undertake to report this or that fact
within five (5) days therefrom.

In witness whereof, I have hereunto set my hand this 20 th day of June,


2017 at the City of Cebu.

RAMON Z. MARIANO
Affiant
TIN 411-122-222-000

SUBSCRIBED AND SWORN before me, this 20th day of June, 2017 at
the City of Cebu, by Affiant who exhibited to me the above-stated
competent proof of identity.
ATTY. MAGDA R. LAPITAN
Doc. No. 20; Notary Public for Cebu City
Page No. 10; Notarial Commission No. 305
Until December 31, 2017
Book No. III; 21-F Don Pedro Rodriguez St.,
Series of 2017. Cebu City 6000
Roll No. 36617
Republic of the Philippines
PTR No. 861360 1/4/17 Cebu City
IBP No. 567022 Lifetime Cebu City
REGIONAL TRIAL COURT
7th Judicial Region
Branch 7
Cebu City

RAMON Z. MARIANO,
Plaintiff,
CIVIL CASE NO. R-CEB-
– versus – 1234567890-CV

ERNESTO SUSANO, FOR: Specific Performance with


Defendant. Damages

x------------------------------------------/

JUDICIAL AFFIDAVIT

I, RAMON Z. MARIANO, of legal age, Filipino and a resident of 342-A


Acacia St., Kamputhaw, Cebu City, Philippines, under oath hereby state in
question and answer form:

1. Q: What is the nature of your occupation?


A: I am an antiques collector and a hobbyist.

2. Q: Are you the Plaintiff in this case?


A: Yes.

3. Q: Do you know the Defendant in this case?


A: Yes.

4. Q: How did you know him?


A: Defendant was introduced to me by my friend, Pancho Jayme.

5. Q: Who is Defendant in relation to this case?


A: He is the seller of an antique 10-foot aparador (clothes closet or
cabinet) which I purchased.

6. Q: What happened on November 15, 2016?


A: Yes. On said date, Defendant and I agreed over the sale of an
antique aparador for Thirty Thousand Pesos (P30,000.00) where a
down payment of Eighteen Thousand Pesos (P18,000.00) was
required.
7. Q: What happened next?
A: The following day, I went to the bank to deposit the amount of
P18,000.00 to Defendant’s Savings Account in BPI – Danao City
Branch as my down payment. A copy of the bank receipt is attached
hereto as Annex “A”.

8. Q: What happened next?


A: On November 23, 2016, I texted Defendant to inform him that I
was on my way to his residence to settle my balance of Twelve
Thousand Pesos (P12,000.00) and to pick up the aparador as agreed.

9. Q: What happened when you arrived at Defendant’s residence?


A: There was nobody home. I tried calling the Defendant but his
phone could not be reached.

10. Q: What happened next?


A: I received a text from Defendant saying that he will no longer push
through with the sale. A screen shot of his text message is attached
hereto as Annex “B”.

11. Q: What happened next?


A: I sent a written demand letter dated November 25, 2016 which
was personally received by Defendant himself on November 26,
2016. A copy of the demand letter is attached hereto as Annex “C”.

12. Q: What happened to the demand?


A: Defendant did not heed my demand.

13. Q: What happened next?


A: I was forced to hire the services of counsel for an attorney’s fee of
Thirty Thousand Pesos (P30,000.00) and file this case in court
incurring litigation expenses of Fifty Thousand Pesos (P50,000.00).

14. Q: What other damages did you suffer?


A: Because of Defendant’s act of willfully and maliciously abandoning
our agreement after collecting a down payment from me, the former
should be penalized to serve as an example for the public good and in
order to deter others similarly minded from committing the same. He
must pay exemplary damages in the sum of One Hundred Thousand
Pesos (P100,000.00).

In witness whereof, I have hereunto set my hand this 27th day of


June, 2017 at Cebu City, Philippines.

RAMON Z. MARIANO
Affiant
TIN 411-122-222-000

SUBSCRIBED AND SWORN before me, this 27th day of June, 2017 at
the City of Cebu, by Affiant who exhibited to me the above-stated
competent proof of identity.
ATTY. KATREENA M. BISNAR
Doc. No. 5; Notary Public for Cebu City
Page No. 1; Notarial Commission No. 143
Until December 31, 2018
Book No. I; 218 Cebu Holdings Center Bldg.,
Series of 2017. Cardinal Rosales Ave., Cebu City 6000
Roll No. 74138
PTR No.7694286 1/9/17 Cebu City
IBP No. 19660 1/9/2017 Cebu City

Copy furnished:

Ernesto Susano RR # 123456


No. 152 F. Ralota St., Date: 6/27/2017
Danao City 6004, Cebu

Atty. Karla Balneg RR # 654321


St. Michael St. Kasambagan, Date: 6/27/2017
Cebu City 6000

Atty. Eufinel Bahina RR # 098755


St. Michael St. Kasambagan, Date: 6/27/2017
Cebu City 6000

EXPLANATION

A copy of this Judicial Affidavit was furnished to the Defendant and


his counsels by registered mail instead of by personal service because of the
distance involved, making personal service impracticable.

KATREENA M. BISNAR
LAWYER’S ATTESTATION

I, KATREENA M. BISNAR, of legal age, Filipino and with office address


at 218 Cebu Holdings Center Bldg., Cardinal Rosales Ave., Cebu City 6000,
Cebu, Philippines, under oath confirm the following:

1. I am the one who conducted and supervised the examination of


Ramon Z. Mariano inside my office located at 218 Cebu Holdings
Center Bldg., Cardinal Rosales Ave., Cebu City 6000, Cebu,
Philippines.

2. I have faithfully recorded the questions I asked and the corresponding


answers that the witness gave in his Judicial Affidavit.

3. Neither I nor any other person then present coached the witness in
answering the foregoing queries.

KATREENA M. BISNAR
S.C. ROLL NO. 74138

SUBSCRIBED AND SWORN before me this 27th day of June, 2017 at


the City of Cebu, by Affiant who exhibited to me the above-stated
competent proof of identity.
ATTY. MAGDA R. LAPITAN
Doc. No. 21; Notary Public for Cebu City
Page No. 11; Notarial Commission No. 305
Until December 31, 2017
Book No. III; 21-F Don Pedro Rodriguez St.,
Series of 2017. Cebu City 6000
Roll No. 36617
PTR No. 861360 1/4/17 Cebu City
IBP No. 567022 Lifetime Cebu City
Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 7
Cebu City

RAMON Z. MARIANO, D
Plaintiff,
CIVIL CASE NO. R-CEB-
– versus – 1234567890-CV

ERNESTO SUSANO, FOR: Specific Performance with


Defendant. Damages

x------------------------------------------/

FORMAL OFFER OF EXHIBITS

Plaintiff, thru counsel and unto the Honorable Court, respectfully


submits the following:

EXHIBIT DOCUMENT PURPOSE


Judicial Affidavit of To prove that Plaintiff entered into a
A
Ramon Z. Mariano contract of sale of aparador with
Defendant.

To prove that Defendant refused to


deliver the antique aparador
(clothes closet or cabinet) after
receiving the down payment of
P18,000.00 from Plaintiff, deposited
Signature of Ramon Z. at Defendant’s Savings Account at
A-1
Mariano BPI Danao City Branch.

To prove that Plaintiff suffered


damages and incurred litigation
expenses and attorney’s fees.

To prove all other allegations in the


Complaint.
To prove the fact that the Plaintiff
deposited a down payment of P18,
B Bank Receipt 000.00 to Defendant’s Savings
Account in BPI – Danao City Branch
on November 16, 2016.
To prove the fact that Defendant
Screen Shot of Ernesto
backed out of the agreement after
C Susano’s text message
Plaintiff deposited the down
to Ramon Mariano
payment.
D Demand Letter To prove that Plaintiff made a
demand for the delivery of the
aparador from the Defendant.
Signature of Ramon Z.
D-1
Mariano
To prove its fact of existence and
the contents thereof.

Copies of Exhibits A, B, C, D and sub-markings are attached to the


records of the case.

Wherefore, it is respectfully prayed that the above exhibits be


admitted in evidence by the Honorable Court.

July 12, 2017. Cebu City, Philippines.

BARROT & BISNAR LAW OFFICES


Counsel for the Plaintiff
218 Cebu Holdings Center Bldg.,
Cardinal Rosales Ave., Cebu City 6000

By:
RIOROSE MAIR Q. BARROT
S.C. ROLL NO. 66902
PTR No. 1289658 - 1/9/17 - Cebu City
IBP No. 45655 - 1/9/17 - Cebu City
MCLE Compliance No. V-0011240 valid until 4/14/19
Email: riorosemairbarrot@rocketmail.com
Contact Number: +63977-367-7367

KATREENA M. BISNAR
S.C. ROLL NO. 74138
PTR No. 7694286 - 1/9/17 - Cebu City
IBP No. 19660 - 1/9/17 - Cebu City
MCLE Compliance No. V-0013415 valid until 4/14/19
Email: kat.bisnar@gmail.com
Contact Number: +63933-865-093
Copy furnished:
Ernesto Susano RR # 65447798
No. 152 F. Ralota St., Date: 7/13/2017
Danao City 6004, Cebu

Atty. Karla Balneg RR # 7895244


St. Michael St. Kasambagan, Date: 7/13/2017
Cebu City 6000

Atty. Eufinel Bahina RR # 03864524


St. Michael St. Kasambagan, Date: 7/13/2017
Cebu City 6000

EXPLANATION

A copy of this Formal Offer of Exhibits was furnished to the


Defendant and his counsels by registered mail instead of by personal
service because of the distance involved, making personal service
impracticable.

RIOROSE MAIR Q. BARROT


Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 7
Cebu City

RAMON Z. MARIANO, D
Plaintiff,
CIVIL CASE NO. R-CEB-
– versus – 1234567890-CV

ERNESTO SUSANO, FOR: Specific Performance with


Defendant. Damages

x------------------------------------------/

OBJECTION TO DEFENDANT’S
FORMAL OFFER OF EXHIBITS

Plaintiff, through counsel and unto this Honorable Court, respectfully


submits this Objection to Defendant’s Formal Offer of Exhibits, to wit:

1. As to Exhibit “1” for being vague and general. Defendant failed to


state the specific purpose for which said Judicial Affidavit was
offered.

2. As to Exhibit “3” for bearing no weight as it was not supported by oral


testimony of the attending physician.

3. As to Exhibit “4” for being hearsay as it was not authenticated by the


attending physician who issued the same.

July 18, 2017. Cebu City, Philippines.

BARROT & BISNAR LAW OFFICES


Counsel for the Plaintiff
218 Cebu Holdings Center Bldg.,
Cardinal Rosales Ave., Cebu City 6000
By:

RIOROSE MAIR Q. BARROT


S.C. ROLL NO. 66902
PTR No. 1289658 - 1/9/17 - Cebu City
IBP No. 45655 - 1/9/17 - Cebu City
MCLE Compliance No. V-0011240 valid until 4/14/19
Email: riorosemairbarrot@rocketmail.com
Contact Number: +63977-367-7367

KATREENA M. BISNAR
S.C. ROLL NO. 74138
PTR No. 7694286 - 1/9/17 - Cebu City
IBP No. 19660 - 1/9/17 - Cebu City
MCLE Compliance No. V-0013415 valid until 4/14/19
Email: kat.bisnar@gmail.com
Contact Number: +63933-865-0938

Copy furnished:

Ernesto Susano RR # 65447798


No. 152 F. Ralota St., Date: 7/19/2017
Danao City 6004, Cebu

Atty. Karla Balneg RR # 7895244


St. Michael St. Kasambagan, Date: 7/19/2017
Cebu City 6000

Atty. Eufinel Bahina RR # 03864524


St. Michael St. Kasambagan, Date: 7/19/2017
Cebu City 6000

EXPLANATION

A copy of this Objection to Defendant’s Formal Offer of Exhibits was


furnished to the Defendant and his counsels by registered mail instead of by
personal service because of the distance involved, making personal service
impracticable.

RIOROSE MAIR Q. BARROT