Republic of the Philippines

REGIONAL TRIAL COURT

TH
7 Judicial Region
Branch _____
Dumaguete City, Negros Oriental

ABC Incorporated, ​ ​ ​ ​Civil Case No. ________

Plaintiff, ​FOR: ​Specific Performance With Damages
​- versus -

DEF ​
Defendant,
X-----------------------------------------/

COMPLAINT

COMES NOW the plaintiff, through the undersigned counsel unto this
Honorable Court, hereby respectfully avers:

1. That PLAINTIFF is a juridical person and located at Barangay Piapi,

Dumaguete City, Philippines while the DEFENDANT is of legal age,
Filipino, single, and a resident of Barangay Mangnao, Dumaguete City,
Philippines where summons and court processes may be served;

2. That on November 30, 2018, PLAINTIFF and DEFENDANT executed a

Joint Venture Agreement where DEFFENDANT DEF had agreed its
exposure which shall finance the development exclusively from its own
resources, without utilizing the land as collateral for a loan;

3. That PLAINTIFF ABC Inc., as agreed in the Joint Venture Agreement, shall
only be limited to its contribution of the land;

4. That to pursue the joint venture, the parties organized a new corporation,
namely the Montecillo Arms Development Corporation;

5. That PLAINTIFF holds 30% and DEFENDANT, owns 70% of the equity of
Montecillo Arms Development Corporation;

6. That PLAINTIFF assigns its property to the Joint Venture Company as

agreed in the Joint Venture Agreement without DEFENDANT fulfilling his
obligation to put in capital;

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 7. That, despite after more than a year when PLAINTIFF having fulfilled his
obligation, DEFENDANT has not put in a substantial portion of capital and
has not introduce improvements on the property as had agreed in the Joint
Venture Agreement;

WHEREFORE, premises considered, it is hereby respectfully prayed

before the Honorable Court to render its decision in favor of the PLAINTIFF and
order the DEFENDANT to the following:

a. Specific performance of putting a substantial portion of capital into

Montecillo Arms Development Corporation;
b. Specific performance of financing the development of Montecillo Arms
Development Corporation exclusively from its own resources, without
utilizing the land of PLAINTIFF as collateral for a loan;
c. An order directing the DEFENDNT to pay the PLAINTIFF damages, as
follows:

i. the sum of One Million Pesos (PhP 1,000,000.00) plus interest at the
rate of five percent (5%) per month as stipulated in the agreement;
ii. moral damages and exemplary damages at the sum discretion of the
court;
iii. attorney’s fees amounting to One Hundred Thousand Pesos (PhP
100,000.00) and an appearance fee of Two Thousand Pesos (PhP
2,000.00) per hearing
iiii. litigation expenses amounting to Twenty Thousand Pesos (PhP
20,000.00).

Other reliefs and remedies deemed just and equitable under the foregoing
premises are likewise prayed for.

Dumaguete City, January 5, 2020.

ATTY. PATRICK KATALBAS

Counsel for Petitioner
Tee Law Office, Looc, Dumaguete City
Roll of Attorneys No. 66666
​ ​ ​ ​ PTR NO. 654321, 01/06/14, Dumaguete City
IBP NO. 123456, 01/04/14, Dumaguete City
​ ​ ​ ​ ​ MCLE Comp. No. IV-0009876, 12/10/19

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF NEGROS ORIENTAL) SS.
X-----------------------------------------/

AFFIDAVIT OF CERTIFICATION

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 I, JAMAIKA INA B. CRUZ, of legal age, Filipino, single, and a resident of
Barangay Mangnao, Dumaguete City, Philippines, after being sworn in accordance
with law, hereby depose and say:

(1) That I am the Plaintiff in the above-entitled case;

(2) That I have caused the preparation of the above Complaint and I have
read the same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my own
personal knowledge and based on authentic records.

(4) That I further certify that: I have not theretofore commenced any other
action or proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to the best of
my knowledge, no such action or proceeding is pending therein; if I
should thereafter learn that the same or similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of Appeals,
or any other tribunal or quasi-judicial agency, I undertake to report such
fact within five (5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated herein have been
filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of

December 2019 at Dumaguete City, Philippines.

​ ​ ​ ​ ​ ​ ​ ​JAMAIKA INA B. CRUZ

​ ​ ​ ​ ​ ​ ​ ​ ​ Affiant
​ ​ ​ ​ ​ ​ TIN 98765-003; Dumaguete City

SUBSCRIBED AND SWORN to before me, this 10th day of December

2019, affiant exhibiting to me his Tax Identification Card as shown above below
his name as competent evidence of his identity.

ATTY. PATRICK KATALBAS

​ ​ ​ ​ ​ ​ ​My Commission No. is 58
​ ​ ​ ​ ​ ​ Expires on December 31, 2022
Tee Law Office, Looc, Dumaguete City

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 Roll of Attorneys No. 66666
​ ​ ​ ​ PTR NO. 654321, 01/06/14, Dumaguete City
IBP NO. 123456, 01/04/14, Dumaguete City
​ ​ ​ ​ ​ MCLE Comp. No. IV-0009876, 12/10/19

Doc. No. 5;
Page No. 2;
Book No. 1;
Series of 2014;

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