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Republic of the Philippines

Third Judicial Region
REGIONAL TRIAL COURT
BRANCH ________
City of Malolos

ERICKEL ENTERPRISES
represented by NELSON L.
VIOLAGO,
Plaintiff, CIVIL CASE NO. ___________
For: Sum of Money with
-versus-

CRAVINGS FOOD SERVICES

INC., also using the business
names MIMOSA CRAVINGS,
INC. and THE CRAVINGS
GROUP,
Defendants,
x------------------------------------------x

COMPLAINT

COMES NOW PLAINTIFF ERICKEL ENTERPRISES, by counsel,

to this Honorable Court most respectfully states, that:

1.
PARTIES

1. Plaintiff ERICKEL ENTERPRISES, (“Plaintiff”) is a sole

proprietorship business, duly organized and existing under the laws of the
Philippines, and with office address located at 2218 Sampaguita St., La
Trinidad Subdivision, Lolomboy, Bocaue, Bulacan, owned by HILDA H.
YUSON, as shown by hereto attached Department of Trade and Industry
(DTI) Certificate issued on December 17, 2017, marked by way of reference
of ANNEX “A”.

2. Plaintiff is represented at this instance by its General Manager

NELSON L. VIOLAGO as evidenced by hereto attached copy of Secretary’s
Certificate marked as ANNEX “A”.

3. Defendant CRAVINGS FOOD SERVICES, INC. also using

the business names, THE CRAVINGS GROUP and MIMOSA
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CRAVINGS, INC. (”Defendant Corporation”) is likewise a domestic

corporation, with office address at The Cravings Center, 287 Katipunan
Avenue, Loyola Heights, Quezon City where it may be served with
summons and court orders and processes.

II.
CAUSE OF ACTION

4. Plaintiff is engaged in the sale of assorted choice beef and pork

meat which it delivers to its customers upon receipt of their orders. One of
its customers is defendant corporation who from September 22, 2016 until
January 24, 2017 purchased assorted choice beef and pork meat on credit
using the business names MIMOSA CRAVINGS, INC. CRAVINGS
MIMOSA, INC. and CRAVINGS FOOD SERVICES, INC., which amounts
to Three Hundred Eight Thousand Four Hundred Ninety Three Pesos
and Fifty Centavos (P308,493.50), as shown by hereto attached thirty-seven
(37) copies of Sales Invoice Nos. 27201, 27146, 27164, 27249, 27283, 27362,
27363, 27410, 27445, 27525, 27628, 27701, 27769, 27791, 27806, 27850, 27862,
27890, 27944, 27945, 27946, 27984, 28000, 28043, 28044, 28086, 28100, 28145,
28179, 28180, 28266, 28401, 28382, 28428, 28445, 28697 and 28843 marked by
way of reference as ANNEXES “C”, “D”, “E”, “F”, “G”, “H”, “I”, “J”, “K”,
“L”, “M”, “N”, “O”, “P”, “Q”, “R”, “S”, “T”, “U”, “V”, “W”, “X”, “Y”,
“Z”, “AA”, “BB”, “CC”, “DD”, “EE”, “FF”, “GG”, “HH”, “II”, “JJ”, “KK”,
“LL”, and “MM” respectively.

5. The parties agreed that for the foregoing purchases on credit,

defendant shall pay plaintiff on February 14, 2017, where the current rate
of interest per annum will be charged on all overdue accounts plus a sum
equal to 25% of the amount due for attorney’s fees in cases of suit, as
shown by the aforesaid sales invoices.

6. Unfortunately when the foregoing purchases became due on

February 14, 2017, defendant failed to settle the same. Defendant failed
and continuously refused to pay the same despite repeated demands of the
plaintiff and contrary to defendant’s commitment to fully settle its account.

7. Thus, to protect its interest, plaintiff was constrained to seek the

assistance of counsel who sent defendant demand letter dated June 6, 2017
demanding the payment of P308,493.50, which defendant through its
Executive Director Judith B. Imperial and Purchasing Managers Gloria
Sarmiento and Myrna Clarito received on June 15 and June 16, 2017. Copy
of this demand letter, including its registry receipts and registry return
receipts are hereto attached and marked by way of reference as ANNEX
“NN”, “NN-1”, “NN-2”, “NN-3” and “NN-4” respectively.
8. For failure to pay the plaintiff despite the foregoing demand,
plaintiff send a Final Demand Letter dated July 11, 2017 which defendant
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through its Executive Director Judith B. Imperial and Purchasing

Managers Gloria Sarmiento and Myrna Clarito both received on July 20,
2017. Copy of this demand letter, including its registry receipts and
registry return receipts are hereto attached and marked by way of reference
as ANNEX “OO”, “OO-1”, “OO-2”, “OO-3” and “OO-4” respectively.

9. On August 9, 2017, defendant, through its company lawyer,

Atty. Joyce Anne Mascardo sent a reply letter to plaintiff’s demand letter
dated July 11, 2017 as shown by hereto attached copy marked as ANNEX
“P” who undertook to get back as soon as they come up with a proposed
settlement of defendant’s outstanding obligation.

10. Since no proposal for settlement was received from defendant,

contrary to his commitment, plaintiff was constrained to send its 2 nd Final
Demand letter dated September 19, 2017 to defendant, through its
company lawyer, Atty. Joyce Ann Mascardo who despite receipt of the
same on September 28, 2017 failed to respond. Copy of this 2nd Final
Demand Letter, including its registry receipt and registry return receipt are
hereto attached and marked by way of reference as ANNEX “QQ”, “QQ-
1”, and “QQ-2” respectively.

11. In view of repeated failure of defendant to pay its outstanding

obligation of P308,493.50, plaintiff was constrained to file this case and paid
this counsel the amount of P50,000.00 as attorney’s fees, apart from
committing itself to pay her success fee of 25% of its total amount due of
P308,493.50 excluding legal interest.

12. As a consequence of defendant’s adamant refusal to pay,

plaintiff’s finances was deeply and heavily affected, thus plaintiff suffered
anxieties and sleepless nights, which if it will be quantified in its monetary
value or equivalent, defendant should pay plaintiff moral damages of
P50,000.00.

13. By way of example to others who are similarly constrained to

file a complaint to protect their interest, defendant should likewise be
made liable to pay exemplary damages in the amount of Php 50, 000.00 in
addition to cost of suit.

PRAYER

WHEREFORE, it is most respectfully prayed that after trial on the

merits, a Decision be rendered in favor of PLAINTIFF, and against
DEFENDANTS--

1. Directing defendant to pay the following:

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a. The principal obligation of P308,493.50 Philippine

currency, exclusive of legal interest;
b. Exemplary and moral damages of P50,000.00 each;
c. Attorney’s fees amounting to Php50,000.00 and its success
fee equal to 25% of the amount due in cases of suit.
d. Cost of suit.

2. Other measures of relief, just and equitable are likewise prayed

for.

Marilao to City of Malolos, Bulacan. June 5, 2020.

_______________________
MAHUSAY LAW OFFICE
Counsel for the Plaintiff
Roll of Attorneys’ No. 123456
IBP Life No. 11111; June 5, 2020
PTR No. 12345, 1/2/20,Marilao, Bulacan
MCLE Exemption No.11111; until April 14, 2022
State your law office address
Email address: state your email
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