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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


6TH JUDICIAL REGION
BRANCH 24
ILOILO CITY

THINKER BALE INC., CIVIL CASE NO. 14- 32285


Plaintiff,

-versus-
FOR: BREACH OF CONTRACT, SUM
OF MONEY, AND DAMAGES

JUSTIN BOY LUIZ ,


Defendant,
x----------------------------------------------------------------------------------------------x

COMPLAINT

COMES NOW the plaintiff, through the undersigned counsel and to this Honorable
Court, respectfully states:

1. That the plaintiff is a company duly organized and existing under and by virtue of the
laws of the Philippines, with principal office and address at Office Unit 2-I, Atria
District, Benigno Aquino Avenue, Barangay San Rafael, Mandurriao, Iloilo City,
represented herein by its duly authorized representative, Mr Christian Sy of legal age,
Filipino and with office address at Office Unit 2-I, Atria District, Benigno Aquino
Avenue, Barangay San Rafael, Mandurriao, Iloilo City, Philippines; the copy of the
Secretary’s Certificate is hereto attached and marked as Annex “ A ”;

2. That defendant Justin Boy Luiz is also of legal age, Filipino and with office address at
JBL Industrial Enterprises, Unit 2-G, Dona Rose Building, Guzman Street,
Mandurriao, Iloilo City , Philippines.

3. That the plaintiff entered into a contract with the Oakridge Business Park Project in
Iloilo City for the supply and installation of Water Treatment Plant with Recycling
System;
4. That sometime in September 2016 the plaintiff through its authorized representative
Mr Christian Sy decided to have its project sub-contracted by defendant Justin Boy
Luiz who claimed to be the owner or sole proprietor of JBL Industrial Enterprises;

5. That pursuant to his desire to sub-contract the project, the defendant submitted his
quotation including the specification, scope of work and the list of the terms and
conditions and the total cost of the project amounting to P3, 000, 000.00 for approval
of the plaintiff; the copy of the Quotation is hereto attached and marked as Annex
“ B ”;
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6. That the defendant made the plaintiff believed that he was qualified, capable , and an
expert in the installation if the 50m3/day Oxidation Waste Water Treatment Plant with
Recycling System;

7. That on October 10, 2016 the plaintiff through Mr Christian Sy made a down payment
of 50% equivalent to P1, 500, 000.00 with the condition that another contract for sub-
contracting detailing the scope of work, the number of days to finish the project and
the manner of the delivery of materials should be executed;

8. That the plaintiff demanded the receipt of said down payment but the defendant asked
for time to issue the same because according to him he had to change his business
registration from non-VAT to VAT.

9. That the plaintiff furnished the defendant with the copy of the sub-contract agreement
but the defendant asked for time to review the same; the copy of the sub-contract
agreement is hereto attached and marked as Annex “ C ”;

10. That the plaintiff waited for the comment of the defendant with regard to the contract
agreement but instead of making a comment, the defendant submitted his own version
of contract which the plaintiff considered as one-sided; the copy of contract is hereto
attached and marked as Annex “ D ”;

11. That despite his failure to start the project and his non-execution of the sub-contract
agreement, the defendant delivered some of the materials which where needed in the
project and worth P320,000.00 more or less and then demanded payment for the 40%
cost of the project because according to him it was already agreed on in the quotation
which he first sent and which was signed by the representative of the plaintiff; the
copy of the list of material is hereto attached and marked as Annex “ E ”;

12. That even if he had received the 50% down payment the defendant did not bother to
start the project, specifically the lay out.

13. That on February 10, 2017 , the plaintiff sent a letter to the defendant informing him
that the 90 day period given to him to finish his obligation had already lapsed and that
the defendant failed to make a design and lay-out, the plaintiff demanded as well the
fulfillment of obligation within three (3) days from receipt of letter; the copy of the
letter is hereto attached and marked as Annex “ F ”;

14. That despite non-fulfillment of his obligation, the defendant through his counsel Atty.
Noel Belleza, wrote a letter to the plaintiff demanding payment in the amount of
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P1,000,000.00 equivalent to the 40% of the cost of the project and stating that failure
to do so could cause the cancellation of the contract;

15. That on February 14, 2017, the plaintiff though its authorized representative sent a
letter to the defendant informing him that the three (3) day period within which to
comply with his obligation within which to comply with his obligation had already
lapsed, thereby terminating their agreement; the copy of the letter is hereto attached
and marked as Annex “G”;

16. That the plaintiff likewise demanded the return of down payment of P1, 500, 000.00
plus damages in the amount of P300,000.00;

17. That on February 20, 2017, the defendant through his counsel wrote a letter to the
plaintiff agreeing to the cancellation and termination of the contract and set conditions
for the return of the down payment to wit;
“With respect to the return of the down payment, my client is willing to
give back the same provided that you hand over new equipment of the
same kind and quality as those already delivered at Oakridge and pay the
total amount of damages it has incurred due to your breach of contract. My
client has already spent so much for the purchase, delivery, storage, etc.,
of all the equipment needed for the project. It cannot be overemphasized
that the down payment is even insufficient to cover all the expenses
incurred by, and caused to my client.”
The copy of the letter is hereto attached and marked as Annex “ H ”;

18. That apparently the conditions set by the defendant only show that he had no intention
to return the down payment; he even unlawfully demanded the additional 40% of the
contract price without complying with his obligation to the damage and prejudice of
the plaintiff;

19. That in view of the defendant’s failure to fulfill his obligation, the plaintiff was
compelled to engage the services of other sub-contractors to finish the project and
incurred actual expenses amounting to P200,000.00, more or less;

20. That because of the unwarranted acts of the defendant , the plaintiff suffered
besmirched reputation, mental anguish and sleepless nights thereby entitling it to
moral damages in the amount of P200,000.00, more or less;

21. That for the filing of the subject case, the plaintiff was compelled to hire the services
of counsel in the amount of P100,000.00 as acceptance fee and it has agreed to pay the
appearance fee of P2,000 per court appearance;
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22. That in order to deter the defendant from doing the same things to others, he should be
held liable to pay exemplary damages in the amount of P100,000.00;

23. That furthermore the plaintiff shall incur litigation expenses in the amount of P50,
000.00, more or less;

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed of this Honorable


Court that after due hearing, judgment be rendered in favor of the plaintiff as follows:

1. To declare the defendant to have breached his contract for the supply and installation of
50m3/day Advance Oxidation Water Treatment Plant with Recycling System;
2. For defendant to pay or return the amount of P1, 500, 000.00 down payment minus the
cost of some materials delivered in the amount of P320,000.00;
3. For defendant to pay plaintiff the amount of P200,000.00 for expenses incurred in
engaging services of other sub-contractor;
4. To hold liable the defendant for the following damages:
a. Moral Damages ------------P400,000.00
b. Attorney’s Fee -------------P 100,000.00 plus P2,000.00
c. Exemplary Damages-------P 100,000.00
d. Litigation Expenses---------P 150,000.00
e. Cost of litigation

PLAINTIFF further pray for such other reliefs as this Honorable Court may deem valid,
just and equitable under the premises.

RESPECTFULLY SUBMITTED.

Iloilo City, Philippines, December 4, 2017.

ATTY. KRISTEL ANNE CASTILLON


Counsel for the Plaintiff
1st Floor, Rm. 111, Animus Bldg.
Hoskyn’s Compound, Guanco St., Iloilo City Tel. No. _________
PTR No. ________/_____________/Iloilo City
IBP No. ________/ ____________/Iloilo Chapter
Roll of Attorney No. ________, Page ________ Book No. ______
MCLE Certificate of Compliance dated __________
Under MCLE Compliance No.___________