REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

Regional Trial Court

Branch 1
Makati City

KARL PHILLIP FABROA,

Plaintiff,
Civil Case No. 4455
-versus- For: Breach of Contract

UM NOVELLE FABROA,
Defendant.
x------------------------x

COMPLAINT

COMES NOW, plaintiff, by the undersigned counsel, unto the

Honorable Court, most respectfully states that:

1. Plaintiff is a Filipino, of legal age, and resident of 443 San Juan

Ext. Makati City; Defendant is also a Filipino, of legal age and resident of
446 San Juan Ext., Makati City, where he may be served with summons and
other processes;

2. Plaintiff and defendant, siblings, executed a notarized contract of

sale wherein defendant was supposed to sell her collection of Hello Kitty
and Keroppi Japanese collector’s items, to plaintiff, amounting to
approximately Php250,000.00. “CONTRACT TO SALE” herewith
presented as EXHIBIT “A”;

3. Upon execution of the contract, plaintiff gave defendant a down

payment amounting to Php100,000.00. However, two (2) days before the
agreed delivery time, defendant had a sudden change of heart and decided
that she is no longer interested to sell the said items anymore. Plaintiff then
resented since the former executed another contract to sell the subject items
in favor of Jeremiah Bungay;

4. Despite repeated demands, both oral and written, defendant failed

or has refused to fulfil or deliver agreed items considering that down
payment has already been made. A copy of each plaintiff’s two (2) demand
letters is attached as EXHIBIT “B” and “C”;
 5. Resort to the Barangay Conciliation process proved fruitless as
defendant failed or refused to cooperate nor compromised. Thus, a
Certification to File Action, a copy of which is attached as EXHIBIT “D”,
was issued by the Barangay Chairman; and

6. By reason of defendant’s unreasonable failure or refusal to deliver

the items and demandable obligation, plaintiff was forced to engage the
services of counsel to vindicate his rights.

PRAYER

WHEREFORE, plaintiff most respectfully prays this Honorable

Court for judgement in his favor through a DECISION directing defendant:

1. To fulfil her obligation which is the delivery of subject items (Hello

Kitty and Keroppi Japanese collector’s items); and

2. To pay Twenty Five Thousand Pesos (Php25,000.00) as Attorney’s

fee.

Other reliefs just and equitable under the circumstances are likewise
prayed for.

3 April 2020
Manila City for Makati City

JERAMIE L. CORPIN
Counsel for Plaintiff
G/F Ardan Bldg. Meralco Ave.
General Araneta St., Manila City
PTR No. 1982502 / 04-27-15 Manila City
IBP No. 121985 / 05-27-15 Manila City
Roll of Attorney No. 27125
MCLE Compliance No. I-0091985 / 06-27-15
Republic of the Philippines)
Makati City ) SS.
x_______________________x

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, KARL PHILIP FABROA, of legal age, single and Filipino citizen and
resident of 443 San Juan Ext., Makati City, after being sworn according to
law, hereby depose and state that:

1. I am the plaintiff of the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true
and correct to the best of my own personal knowledge and /or on the basis of
copies of documents and records in possession;

4. I have not commenced any other action proceeding involving the

same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

5. To the best of my knowledge and belief, no such action or

proceeding is pending in the Supreme Court, the Court of Appeals, or any
tribunal or agency; and

6. If I should thereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I shall notify/report that fact within five (5)
days therefrom to this Honorable Court.

KARL PHILIP FABROA

SUBCRIBED AND SWORN to before me, this 3rd day of April, 2020 in
Makati City. Affiant personally came and appeared with Driver’s ID no.
C11-987654 issued by Land Transportation Office and valid until April 28,
2022, at Makati City, bearing his photograph and signature, known to me as
the same person who personally signed the foregoing instrument before me
and avowed under penalty of law to the whole truth of the content of said
instrument.
 ATTY. JAY-AR ORETO
Notary Public
888 PG Tower, Manila
Commission Series 987654
Until December 31, 2021
Roll of Attorney No. 32100
PTR 00000 / December 27, 2018 / Manila
IBP 11111 / December 27, 2018 / Manila

Doc. No.; 111

Page No.; 22
Book No.; 3
Series of 2020.