Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch __
Malabon City

Plaintiff,

vs. Civil Case No. __________

Defendant.
x-------------------------------x

COMPLAINT

COMES NOW PLAINTIFF, by and through the undersigned

counsel, unto this Honorable Court, most respectfully avers: That
—

THE PARTIES

1. Plaintiff is of legal age, Filipino, married and with postal

address at. He may be served with notices, orders, decisions and
other legal processes of this Honorable Court through the address
of the undersigned Law Offices indicated hereunder.

2. Defendant is a private domestic corporation organized

and existing under and by virtue of the laws of the Philippines
with office address at where it may be served with summons,
notices, orders, decisions and other legal processes of this
Honorable Court.

STATEMENT OF FACTS

1
 1. Plaintiff is the sole proprietor of.

2. Defendant purchased and received from plaintiff in

1990 with a total purchase price of PhP1,105,144.00, the amount
due from defendant is PhP1,095,276.64. The purchases were
evidenced by corresponding invoices, to wit:

Copies of the said invoices are appended herein as Annexes “A”,

“A-1”, “A-2”, “A-3”, “A-4”, “A-5”, “A-6”, “A-7”, “A-8”, “A-
9”, “A-10”, “A-11”, “A-12”, “A-13”, “A-14”, “A-15” and “A-
16”.

3. Despite receiving the it purchased, defendant failed to

make prompt payments and just made repeated assurances to
plaintiff that it will settle its obligations as soon as possible.

5. Plaintiff followed-up the payment of the latter’s

obligation. Defendant then issued post-dated checks to plaintiff
copies of which are appended herein as Annexes “B”, “B-1”,
“B-2”, “B-3”, “B-4”, “B-5”, “B-6”, “B-7”, “B-8”, “B-9”, “B-
10”, “B-11”, “B-12”, “B-13”, “B-14”, “B-15”, “B-16”, “B-
17”, “B-18”, “B-19”, “B-20”, “B-21”, “B-22”, “B-23”, “B-
24”, “B-25”, “B-26”, “B-27”, “B-28”, “B-29”, “B-30”, “B-
31”, “B-32” “B-33”, “B-34”, “B-35”, “B-36”, “B-37”, “B-
38”, “B-39”, “B-40”, “B-41”, “B-42”, “B-43”, “B-44”, “B-
45”, “B-46”, “B-47”, “B-48”, “B-49”, “B-50”, “B-51”, “B-
52”, “B-53”, “B-54”, “B-55”, “B-56”, “B-57”, “B-58”, “B-
59”, “B-60”, “B-61”, “B-62”, “B-63”, “B-64”, “B-65”, “B-
66”, “B-67” and “B-68”.

7. Unfortunately, the checks were dishonored by the

drawee bank for the reasons “Drawn Against Insufficient
Funds” (DAIF) and/or “CLOSED ACCOUNT”.

8. Once again, despite repeated follow-ups made by

plaintiff to defendant to settle its unpaid obligation in the total
amount of as represented by the worthless checks the latter
issued, the former was merely given the same assurances that
payments are forthcoming.

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 9. A demand letter was personally served on defendant at
its office. A copy of the said letter is appended herein as Annex
“C”.

11. The grace period of seven (7) days stated in the

aforesaid letter has lapsed and defendant simply ignored the
ultimatum given by plaintiff.

12. As a result of the unjust refusal of defendant to pay its

due and demandable obligation, plaintiff suffered actual damages
in the total amount of.

13. Plaintiff suffered mental anguish and serious anxiety as

a result of defendant’s unwarranted act. Plaintiff suffered a loss of
that remains unpaid. Such injury was undoubtedly caused by
defendant’s adamant refusal to pay its obligation. Therefore, it is
only just and equitable that defendant be condemned to pay
moral damages in the amount of.

14. To serve as an example to entities similarly inclined as

defendant company from reneging on its legal obligation, plaintiff
is also entitled to exemplary damages.

15. Plaintiff was compelled to secure the services of a legal

counsel to take the appropriate legal action to protect his rights
and interest. As a result, he incurred legal expenses and will
continue to incur additional legal costs.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that a Judgment be rendered in
favor of plaintiff by ordering defendants to pay the former the
following:

1. The amount of, plus interest until the same is fully settled
and paid, as actual damages;

2. The amounts of as moral damages and as exemplary

damages;

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 3. The amount of as attorney’s fees and all other legal costs
plaintiff will incur; and

4. The cost of litigation.

OTHER RELIEFS, just and equitable under the premises,

are likewise most respectfully prayed for.

RESPECTFULLY SUBMITTED. Pasig City, 06 October 2019.