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;

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 he already executed another contract to sell the subject items
in favor of Jeremiah Bungay.

3. Article 1191 of the New Civil Code of the Philippines, paragraph

2 provides that “The injured party may choose between the fulfillment and
the rescission of the obligation, with the payment of damages in either case.
He may also seek rescission, even after he has chosen fulfillment, if the
latter should become impossible.”;
 4. Thus, plaintiff manifests fulfilment of the said obligation with the
payment of damages; and

5. Moreover, undersigned counsel would like to enter her appearance

as the new counsel of the plaintiff in the above-captioned case. Henceforth,
it is respectfully requested that copies of all pleadings, notices and orders of
this Honorable Court relative to the above-entitled case likewise be
furnished to the undersigned counsel at the address below.

PRAYER

WHEREFORE, in view of the foregoing, plaintiff most respectfully

pray this Honorable Court that this Manifestation be noted and given due
course.

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

28 March 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

NOTICE OF HEARING

Clerk of Court
RTC, Branch 1
Makati City

Greetings!

Please submit the foregoing Manifestation with Entry of Appearance

for consideration of the Honorable Court immediately upon receipt hereof.
 Atty. Jeramie L. Corpin

EXPLANATION

The foregoing MANIFESTATION and its attachment were served to

Atty. Eleonor Luna by registered mail instead of personal service as counsel
for plaintiff only has one messenger and personal service would have
resulted in the Manifestation not being filed on time to the detriment of
plaintiff.

Copy furnished through registered mail:

Atty. Eleonor Luna
Counsel for the Defendant
Unit 143 Greenridge Tower
Makati City
Registry Receipt No. 123456
Post Office: Makati City
Date: March 28, 2020
Republic of the Philippines)
Manila City ) SS
x_______________________x

AFFIDAVIT OF SERVICE

I, FILLIP MIGUEL, messenger of Atty. Jeramie L. Corpin, with

office address at GF Ardan Bldg. Meralco Ave. General Araneta St., Manila
City, after being duly sworn, deposes and states that:

On March 28, 2020, I served a copy of the MANIFESTATION by

registered mail in accordance with Section 7 of Rule 13 of the Rules of
Court in Civil Case No. 4455 by depositing a copy in the post office in a
sealed envelope, plainly address to ATTY. ELEONOR LUNA at 143
Greenridge Tower, Makati City with postage fully paid, as evidenced by
Registry No. 123456 attached and with instructions to the post master to
return the mail to sender after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this

Affidavit on 28 March 2020, in the City of Manila, Philippines

FILLIP MIGUEL
Affiant

SUBCRIBED AND SWORN to before me, this 28 March 2020 in Manila

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 Pasig 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