Republic of the Philippines

Municipal Trial Court

National Capital Judicial Region
Branch 34, Manila

ROLANDO C. BATO,
Plaintiff Civil Case No. 020197
For: Collection of a sum of
money

-versus-

BOB U. UY,
Defendant
x-----------------------------------------x

COMPLAINT

I, ROLANDO C. BATO, of legal age, a Filipino citizen and a resident

of Legarda Place, Sampaloc Manila, 1008 Metro Manila, after having
been sworn in accordance with law do hereby depose and say:

1. That I am the owner of KKK Bicycle Shop located at #416 Earnshaw

St. Sampaloc, Manila, Metro Manila.

2. That herein Defendant, Mr. Bob U. Uy is of legal age, Filipino, a

resident at 535 1st St., Mendiola, San Miguel, Manila, where he could
be served with summons and other processes of the court.

1
3. That on August 21, 2018, Mr. UY and I had entered into a contract of
sale, where I sold a limited edition BMC teamelite 01 XTR Di2
Mountain Bike to Mr. UY, for the total amount of FORTY THOUSAND
PESOS ONLY (PHP 40,000.00). Copy of the Contract of Sale is
herein attached as “ANNEX A”

4. That on the same date, Mr. UY issued and signed a promissory note
in the amount of FORTY THOUSAND PESOS (PHP 40,000.00)
payable to the me on November 8, 2018 in consideration thereof for
the bicycle. Copy of the promissory note is herein attached as
“ANNEX B”

5. That on November 8, 2018, I wrote a letter to Mr. UY demanding

payment pursuant to the agreement on our Contract of sale. Such
demand letter is herein attached as “ANNEX C”

6. That on November 10, 2018, Mr. UY wrote me a letter refusing to pay

the amount payable, because there was a defect on the bicycle. Such
letter is herein attached as “ANNEX D”

7. That it is expressly provided in our Contract of Sale (ANNEX A) that

the period of availing the warranty is only Two (2) months, hence
such remedy has already lapsed.

8. That on November 21, 2018, I sent to the respondent another

demand letter but there was no reply. Copy of the demand letter is
herein attached as “ANNEX E”

9. That the obligation of the respondent is long overdue and

demandable and is therefore considered in default after receiving
several demands and is liable for damages under Article 1170 of the
Civil Code where it states that:

2
 Art. 1170. Those who in the performance of their obligations are
guilty of fraud, negligence or delay, and those who in any manner
contravene the tenor thereof, are liable for damages.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court

that after due hearing, judgment be rendered in favor of the Plaintiff and
against the Defendant in this manner:

a. Ordering the defendant to pay Petitioner the full amount of FORTY

THOUSAND PESOS ONLY (PHP 40,000.00) Philippine currency.
b. Ordering the Respondent to pay the Cost of the suit.

Plaintiff likewise prays for such other and further relief or reliefs, as the
Honorable Court may deem just and equitable in the premises.

Atty. Juan Dela Cruz

IBP No. 827847, 6/8/11, City of Manila
PTR No. 576784, 6/8/11, City of Manila
Attorney’s Roll No. 374435
MCLE Compliance No. 11-0989699
MCLE Compliance No. 111-006969

3
 VERIFICATION/CERTIFICATION OF NON-FORUM SHIPPING

I, Rolando C. Bato, Filipino, of legal age with address at Legarda Place,

Sampaloc Manila, 1008 Metro Manila after having been duly sworn on
accordance with law depose and say:

1. That I am the plaintiff in the above-entitled case;

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

read the allegations therein and certify that the same are true and
correct of my own personal knowledge;

3. That I further certify that I have not commenced any other action
involving the same issues before the Supreme Court, Court of Appeals
or any division thereof or any tribunal or agency; and to the best of my
knowledge no such action is pending before the Supreme Court, Court
of Appeals or any division thereof or any tribunal or agency;

4. That in the event that any action involving the same should be made
known, I hereby bind myself to report the same within five (5) days
from knowledge thereof to this Honorable Court.

WITNESS THEREOF, I hereunto set my hand this 10th day of JANUARY

2019 in the City of Manila, Metro Manila, Philippines.

ROLANDO C. BATO

Plaintiff

4
 SUBSCRIBED AND SWORN to before me, the undersigned
prosecutor, this 10th day of JANUARY 2019, in the City of Manila,
Philippines.

The undersigned certifies that he personally examined the affiant and

that he is satisfied that he voluntarily executed and understood his complaint-
affidavit.

ATTY. HARVEY STEVE

Notary Public

Doc. No. __________

Page No. __________

Book No. __________

Series of 2019