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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
MAASIN CITY

MAE ANGIELINE T. SALVA, CIVIL CASE NO. 20015


Plaintiff,
FOR: SPECIFIC PERFORMANCE
-versus-

APOLINARIO M. LAROA,
Defendant.
X----------------------------------X

COMPLAINT

COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable
Court respectfully alleges;

1. That Plaintiff is of legal age, single, Filipino citizen and a resident of Brgy
Talisay, Bontoc Southern Leyte where she may be served with summons and
other court processes;

2. That Defendant is APOLINARIO M. LAROA JR Construction Company a


company organized and existing under the laws of the Philippines with its Head
Office located Ground Floor, Floquin Building Tunga Tunga Maasin City where
summons may be served and process of this Honorable Court;

3. That on February 27, 2018 , MAE ANGIELINE T. SALVA and APOLINARIO


M. LAROA JR Construction Company entered into a written agreement for the
CONTRUCTION OF 10 STOREY BEACH RESORT AND HOTEL, located at
Brgy San Ramon, Bontoc Southern Leyte, for Two Hundred Fifty Five Million
Pesos (P255,000,000.00).

Attached herewith is the photo copy of the CONTRACTOR AGREEMENT


marked as Annex “A”;

4. That they agreed that APOLINARIO M. LAROA JR Construction Company shall


commence execution of the Works on the Start Date and shall carry out the Works
in accordance with the Program of Work submitted by the Contractor, as updated
with the approval of the MAE ANGIELINE T. SALVA’s Representative, and
complete them by the Intended Completion Date which must be on December 31,
2018.
5. That on April 15, 2018, while the construction of the Resort and Hotel was on
going , APOLINARIO M. LAROA JR, the company president requested to the
plaintiff a break from the construction of the Resort and Hotel for his employees
to have break for the holy week which MAE ANGIELINE T. SALVA permitted
but with the assurance from Mr. Laroa’s that the construction will resume after
the holiday on April 21, 20180

6. Defendant failed to resume the construction of the Resort and Hotel after the holy
week as it had promised. MAE ANGIELINE T. SALVA made numerous calls,
sent several letters and even personally visited the defendant’s office to remind
them of the contract but the defendant did not respond and want only abandoned
the half finished project.
7. A demand letter was sent on June 20, 2018 and another on July 15, 2018 for the
defendant to complete the 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. That the plaintiff suffered has suffered mental anguish, serious anxiety, and strain
relationship with the investors of the Resort and Hotel.

10. As a result of the breach of contract, Petitioner had to hire another construction
company with an excess cost of P1, 500,000 just to finish the Resort and Hotel;

11. 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%;

12. Considering the urgency of the project, the Plaintiff would have not obtained the
services of the Defendant, if the Defendant had not assured him of timely
completion of the Resort and Hotel;

13. Defendant’s 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;

14. 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 (P1,545,000)
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 attorney’s 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 8th day of March 2019, done in the City of Baguio,
Philippines.

Edward Christopher Sheeran


Counsel for Plaintiff
Rm. 105 Fortress,
Sogod Southern Leyte
PTR No. 02/Maasin City/01-05-19
Roll of Atty. No. 5520
IBP Lifetime Membership No. 831
MCLE Compliance No. 5228

REPUBLIC OF THE PHILIPPINES }


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

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, MAE ANGIELINE T. SALVA, after having been duly sworn to in accordance


with law, hereby depose and state:

1. That I am a resident of Brgy Talisay, Bontoc Southern Leyte


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 8th day
of March 2019.

MAE ANGIELINE T. SALVA


Affiant

SUBSCRIBED AND SWORN to before me in the City of Maasin this 8th day of
March 2019 by MAE ANGIELINE T. SALVA, who has satisfactorily proven her
identity to me through her Professional Driver’s License No. A5026-89 valid until May
21, 2019, that she is the same person who personally signed the foregoing affidavit before
me and acknowledged that she executed the same.

Edward Christopher Sheeran


Counsel for Plaintiff
Rm. 105 Fortress,
Sogod Southern Leyte
PTR No. 02/Maasin City/01-05-19
Roll of Atty. No. 5520
IBP Lifetime Membership No. 831
MCLE Compliance No. 5228
TIN: 544-213-5692

Doc. No. 25;


Page No.29
Book No. 22;
Series of 2019.