REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch 209
Bacolod City

SPOUSES ENZO AVELINO

and CHARISSE AVELINO,
Plaintiffs,
-versus- AUF-LF-006
For: Breach of Contract with
DON AURELIO FOOD damages
VENTURES, INC., and/or
ELLA ATIENZA, BRANCH
MANAGER
Defendants.

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MOTION FOR JUDGMENT ON THE PLEADINGS

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

Plaintiffs ENZO AVELINO and CHARISSE AVELINO,

through counsel, most respectfully state:

1. On February 13, 2018, Plaintiffs sued defendants for

breach of contract with damages and prayed to order the
Defendants the return of Ten Thousand Pesos (P10,000.00)
down payment made by the Plaintiffs, pay One Hundred Fifty
Thousand Pesos (P150,000.00) as damages for the
embarrassment and social humiliation, besmirched reputation,
mental anguish, fright, serious anxiety, wounded feelings, moral
shock, and trauma caused by Defendants, and to pay Plaintiffs
Seventy Thousand Pesos (P70,000.00) as attorney’s fees plus
Three Thousand Pesos (P3,000.00) per hearing as appearance
fees and the costs of the suit;

2. Defendants in their answer with counterclaim in

Paragraphs 1, 2, 4 crusaded that there was no breach of
contract and stated under Paragraph 3 that the contract is
binding, need not be in writing, mere assent to the offer is
enough and there can be no breach of contract. The averment
is in contrary to the contractual stipulation (Annex A herein)

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made by the Defendants under provision VI.
rd
MISCELLANEOUS, 3 paragraph which states that:

This Agreement may be modified or amended if the

amendment is made in writing and is signed by all parties
provided that such amendments shall be made ten (10) days
before the scheduled event to give way for the preparations
and/or desired changes.

3. Defendants under paragraphs 5, 7 and 8 of their answer

with counterclaim denied that fault in the delay of the party,
destroyed costume of the mascot and busted air conditioning
unit caused breach in the performance of their obligation. Again
in contrary to the contractual stipulation under provision III, and
provision V. Term and Termination, 2nd sentence of the 5th
paragraph, respectively which state that:

MCDEWEY’S FOOD PHILIPPINES represents and warrants

that it shall perform the services herein agreed with
reasonable skill and care.

The Client(s) further understand that last minute changes

can impact the quality of the event and that MCDEWEY’S
FOOD PHILIPPINES is not responsible for these
compromises in quality except if such changes shall be
caused by MCDEWEY’S FOOD PHILIPPINES.

4. The answer of the Defendants merely denied that there

was breach of contract but, in contrary, as evidenced by herein
attachment marked as Annex A, the answer admits material
allegations of the Amended Complaint of the Plaintiffs and has
not tendered any genuine issue, consequently, a judgment on
the pleadings may be rendered.

PRAYER

WHEREFORE, Plaintiffs respectfully pray a judgment on

the pleadings be rendered in their favor

Other reliefs just and equitable under the premises are

likewise prayed for.

Respectfully submitted this March 13, 2018, done in the

City of Bacolod, Philippines.

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 YAP and GONZALES LAW OFFICE
Counsel for Plaintiffs
Rm. 105 Patria Bldg
Bacolod City, Negros Occidental
Tel./Fax: (034)3180216
Email: YGlaw@gmail.com

By:

ATTY. JOSECARLO ANTON R. YAP

Counsel for Plaintiff
Rm. 105 Patria Bldg
Bacolod City
PTR No. 024/Bacolod City/12-31-15
Roll of Atty. No. 74570
IBP Lifetime Membership No. 832
MCLE Compliance No. 0826

ATTY. FRANCES JEMAINE L. GONZALES

Counsel for Plaintiff
Rm. 105 Patria Bldg
Bacolod City
PTR No. 184/Bacolod City/12-31-15
Roll of Atty. No. 74503
IBP Lifetime Membership No. 810
MCLE Compliance No. 0320

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 REQUEST FOR and NOTICE OF HEARING

The Honorable Branch Clerk of Court

RTC Bacolod City, Branch 209

Please submit the foregoing Motion to the Court for its consideration
and approval immediately upon receipt hereof and kindly include the
same in the court’s calendar for hearing on Friday, 23 March 2018 at
10:00 in the morning.

ATTY. JOSECARLO ANTON R. YAP

Counsel for Plaintiff
Rm. 105 Patria Bldg
Bacolod City

COPY FURNISHED
ATTY. JOHN PATRICK GARCIA
Counsel for Defendant
Bacolod City

13 March 2018