REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MANILA, BRANCH 29

Mr. A,
Plaintiff, Civil Case No. 102996
For: Specific Performance
-versus-

Mr. B,
Defendant.
x-----------------------------x

COMPLAINT

Plaintiff, through counsel, respectfully states:

1. Mr. A (“Plaintiff”) is a Filipino, of legal age, and a resident of 23 Singalong

Street, Malate, Manila. He may be served with the orders and processes of
this Court at the address of his counsel indicated below;

2. Mr. B. (“Defendant”) is a Filipino, of legal age and a resident of 32

Singalong Street, Malate, Manila;

STATEMENT OF FACTS

3. Plaintiff is the registered owner of a house and lot (subject property for
brevity) located at 23 Singalong Street, Malate, Manila, covered by Transfer
Certificate of Title (TCT) No. N-102996 of the Registry of Deeds of Manila;

4. On October 29, 2019, the plaintiff and the defendant entered into a
Renovation Agreement whereby the defendant agreed to renovate the house
of plaintiff located in 23 Singalong Street, Malate, Manila for plaintiff’s
online classes. The parties agreed to have the total construction cost set to
 SIX HUNDRED THOUSAND PESOS (Php 600,000.00) and such
construction/renovation will be done in six (6) months from the execution of
the said Renovation Agreement with the following terms and conditions:

a. For and in consideration of SIX HUNDRED THOUSAND PESOS

(Php 600,000.00), inclusive of labor and construction materials, Mr.
B. agrees to renovate the subject property of Mr. A for a period
completion of six (6) months from the execution of the said
Renovation Agreement;

b. Fifty percent (50%) down payment of the total construction cost (Php
300,000.00) shall be given by Mr. A to Mr. B on the first month of
construction/renovation;

c. Mr. A shall pay the amount of ONE HUNDRED THOUSAND

PESOS (Php 100,000.00) to Mr. B, to be delivered from the
remaining balance of Php 300,000.00, on the third month of
construction/renovation;

d. The remaining balance of TWO HUNDRED THOUSAND PESOS

(Php 200,000.00) shall be paid by Mr. A upon the compilation of the
construction/renovation of the subject property on the agreed period
of completion.

A copy of said Renovation Agreement is hereto attached as “Annex A”;

5. On November 29, 2019, plaintiff paid the defendant the amount of THREE
HUNDRED THOUSAND PESOS (Php 300,000.00) as agreed upon by the
parties. A copy of the Deposit Slip dated November 29, 2019 is hereto
attached as “Annex B”;

6. On January 29, 2020, plaintiff then paid the defendant the amount of ONE
HUNDRED THOUSAND PESOS (Php 100,000.00) as agreed upon by the
parties. A copy of the Deposit Slip dated January 29, 2020 is hereto attached
as “Annex C”;
7. On April 29, 2020, during the sixth and last month of the
construction/renovation, the house remained unfinished and only twenty
percent (20%) of the construction/renovation had been done by defendant.
This prompted the plaintiff to follow up with the defendant in which the
latter requested for an extension of thirty (30) days to finish the
construction/renovation;

8. On the last day of the extension given by the plaintiff or on May 29, 2020,
the house still remained unfinished;

9. Plaintiff then sent a Demand Letter dated June 1, 2020 to the defendant’s
residence to finish the construction/renovation in order to avoid resorting to
litigation. A copy of the Demand Letter is hereto attached as “Annex D”;

10.Based on the foregoing, the defendant still failed to complete the

construction/renovation of the subject property of the plaintiff as agreed
upon by the parties evidence by the above-mentioned Agreement;

11.Plaintiff then sought the help of Barangay 701, Malate, Manila. A hearing
with the Barangay and the Lupong Tagamayapa was scheduled on July 1,
2020 but the defendant failed to appear on the said date. Thus, a Certificate
to File Action was issued. A copy of which is hereto attached as “Annex E”;

CAUSE OF ACTION

12.Despite receipt of the Demand Letter, the defendant still failed and
continuously refused to communicate and coordinate with the plaintiff
relative to the completion of the construction/renovation of the subject
property under the Renovation Agreement. Such failure of the defendant to
finish the renovation as agreed upon prompted the plaintiff to seek the aid of
counsel and consequently file his complaint;

13. By the reason of the defendant’s failure to complete the

construction/renovation and unjust refusal to communicate and coordinate
 with the plaintiff, the plaintiff was denied the full beneficial use of the
subject property. Thus, the plaintiff suffered actual and compensatory
damages in the amount of SIX HUNDRED THOUSAND PESOS (Php
600,000.00) which the defendant should be adjudged to pay;

14. Due to the unlawful and unjustified acts of the defendant, the plaintiff
suffered mental anguish, serious anxiety, wounded feelings and moral
shouch, which in terms of moral damages, amounts to FIFTY THOUSAND
PESOS (Php 50,000.00);

15. In order to protect his rights over the property, the plaintiff was compelled
to litigate and thus engage the services of the undersigned counsel.
Consequently, the defendant should be liable to pay attorney’s fees in the
amount of not less than EIGHTY THOUSAND PESOS (Php 80,000.00)
plus FIVE THOUSAND PESOS (Php 5,000.00) per scheduled appearance.

PRAYER

Plaintiff respectfully prays that:

1. Decision be issued directing defendant to comply with the Renovation

Agreement and complete the construction/renovation of the house located in
23 Singalong Street, Malate, Manila;

2. Direct defendant to allow the plaintiff to pay the remaining balance of the
consideration for the construction/renovation of the house in 23 Singalong
Street, Malate, Manila simultaneously with the defendant’s compilation of
the construction/renovation;

OR in the alternative,

3. Order the defendant to pay the plaintiff the amount of not less than SIX
HUNDRED THOUSAND PESOS (Php 600,000.00) as and by way of
compensatory damages;
4. Order the defendant to pay the plaintiff the amount of not less than FIFTY
THOUSAND PESOS (Php 50,000.00) as and by way of moral damages;

5. Order the defendant to pay the plaintiff the amount of not less than FIFTY
THOUSAND PESOS (Php 50,000.00) as and by way of exemplary
damages;

6. Order the defendant to play the plaintiff the amount of not less than
EIGHTY THOUSAND PESOS (Php 80,000.00) plus FIVE THOUSAND
PESOS (Php 5,000.00) per scheduled appearance; and

7. Order the defendant to pay the plaintiff expenses and costs of suit.

Other reliefs just and equitable are likewise prayed for.

Pasay City for Manila, June 30, 2020.

ABC Law Firm

123 Menlo Street, Pasay City
Email: abclaw@gmail.com
Contact No.: 09123456789

By:

(Sgd)
Atty. W
Roll No. 12345
IBP No.: 123456 1/20/2020 Pasay City
PTR No.: 123456 1/20/2020 Pasay City
MCLE Compliance No.: BI-0009876 1/20/2020
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
 I, Mr. A, of legal age, Filipino, with residence and postal address at 23
Singalong Street, Malate, Manila, after having been duly sworn to in accordance
with law hereby depose and aver that:

1. I am the plaintiff of this case;

2. I have caused the preparation of this Complaint;

3. I have read all the allegations contained in this complaint and hereby certify
that the same is true of our own personal knowledge and based on authentic
documents;

4. I have not commenced any other action or proceeding which is pending in

the Supreme Court, the Court of Appeals, or any tribunal or agency, and to
the best of my knowledged, no such action or proceeding is pending in these
courts; and

5. If I should thereafter learn that a similar action or proceeding has been filed
before the Supreme Court, the Court of Appeals or any other tribunal or
agency. I will undertake to report the same within five (5) days therefrom to
the court or agency wherein the original pleading and sworn certification
were filed as contemplated in Administrative Order No. 04-94 dated
February 8, 1974.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

signature this 30th day of June 2020 at Pasay City, Philippines.

(Sgd)
Mr. A
Affiant
 SUBSCRIBED AND SWORN to before me this 30th day of June 2020,
affiant exhibiting to me his Philippine Passport No. N12345678 valid until April
15, 2025, as competent proof of his identity.

NOTARY PUBLIC

(Sgd)
Atty. W
Roll No. 12345
IBP No.: 123456 1/20/2020 Pasay City
PTR No.: 123456 1/20/2020 Pasay City
MCLE Compliance No.: BI-0009876 1/20/2020

Doc No.
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Series of 2020.