REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch 6
Bacolod City

Sps. ENZO AVELINO and

CHARISSE AVELINO,
Plaintiffs,
-versus- R-2153-51802-CV
For: Breach of Contract with
MCDEWEY’S FOODS damages
CORPORATION,
Defendant.

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COMPLAINT

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

Plaintiffs ENZO AVELINO and CHARISSE AVELINO, through

counsel, most respectfully allege:

1. Plaintiff spouses ENZO AVELINO and CHARISSE AVELINO

are of legal age, married, both Filipinos and residents of Barangay
Passion, Bacolod City, Negros Occidental may be served with
notices, orders, judgments and other processes of this Honorable
Court through the undersigned counsel;

2. Defendant MCDEWEY’S FOODS CORPORATION, a juridical

entity duly organized and existing under Philippine Laws located at
Unit 300 Edificio Aurelio, Lacson Avenue, Bacolod City, Negros
Occidental, may be served at the aforementioned address;

3. That plaintiffs herein desired to celebrate the 7 th birthday of their

twins Elsa and Oslo November 17, 2017, thus they availed of the
services of the defendant. Plaintiffs and defendant, through branch
manager Ella Atienza, discussed the needs and specifications for the
said event. They were assured by Ella Atienza that the party is
booked and the details shall be followed accordingly;

4. On November 10, 2017, same day after the meeting, plaintiffs

were made to sign the contract and paid the down payment of P
10,000.00. The balance of P 10,000.00 was to be paid on the day of
the event, after the party. Further, the parties agreed that in case
defendant had to serve more than 60 guests, then the additional
charges would also be settled on the day of the event. The contract is
herein attached as “Annex A” and is made part of the pleading;

5. That one week before the event, Mrs. Avelino received a phone
call from Ms. Atlenza informing her that Dewey the Hungry Dinosaur
would not be able to appear at the party because the mascot‘s
costume was ruined by the dry cleaning service.

6. Ms. Atienza mentioned that her cousin Marcus was a circus

and party clown who could provide the entertainment. Ms. Atienza
added that Marcus has been in the business for five years, starting
even when he was 18 years old, and must have already appeared in
hundreds of parties, including childrens parties.

7. That on three o’clock (3:00pm) of Nov. 17, 2017, the day of the
party, Mr. and Mrs. Avelino were agitated because the venue was not
yet decorated and organized due to air-conditioner malfunction;

8. Thereafter, Ms. Atienza consulted the building technician for the

usage of the Galaxy Room. It was adivised that the aircon could be
used for a few hours and only at minimum capacity. Mr. Avelino
agreed and were provided additional electric fans to augment
ventilation and comfort;

9. That the party started 30 minutes late and the magician Marcus
came later to the party perfunctory and absent-minded, not interactive
to the children;

10. When Julius Aquino, a 4-year old kid, approached and pulled
hard on the pants of Marcus, the latter snarled in hostility and uttered
“Fuck kid, don’t do that. Putangina, nagtratrabaho lang!”

11. The child scarily went to his parents howling and the rest of the
children ran to their parents. The commotion caused the child to trip
on an electric fan’s cord and broke it and Marcus mumbled “Nyeta!”
then left the party;

12. That when plaintiffs confronted Marcus to apologize to

everyone, Enzo noticed Marcus’ smell of alcohol and red eyes;

13. That the party ended unexpectedly without even having the
blowing of birthday candles by the twins Elsa and Oslo, leaving the
rest of the day with embarrassment, anxiety and besmirched
reputation.

PRAYER
WHEREFORE, the above premises considered, it is respectfully prayed of
this Honorable Court after hearing on the merits, that:

a. Defendant be ordered to return the amount of TEN

THOUSAND PESOS (P10,000.00) paid as a deposit;
b. Defendant be ordered to give a written apology to the plaintiffs;
c. Defendant be ordered to pay moral damages in the amount of
ONE HUNDRED THOUSAND PESOS (P100,000.00);

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

Respectfully submitted this November 21, 2017, done in the City of

Bacolod, Philippines.

ATTY. JOSECARLO ANTON 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 GONZALES

Counsel for Plaintiff
Rm. 105 Patria Bldg
Bacolod City
PTR No. 184/Bacolod City/12-31-15
Roll of Atty. No. 7458485
IBP Lifetime Membership No. 810
MCLE Compliance No. 0320

REPUBLIC OF THE PHILIPPINES }

DONE: IN Bacolod City } S.S.
X ========================= X

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

We, ENZO and CHARISSE AVELINO, after having been duly sworn to in
accordance with law, hereby depose and state:

1. That we are residents of Barangay Passion Bacolod City, Negros

Occidental ;
2. That we have caused the preparation and filing of the foregoing
Complaint;
3. That we have read the contents thereof and that the allegations
therein are true and correct of our own personal knowledge and or
based on true and authentic records and documents;
4. That we hereby certify that we have not filed the same or similar
action or proceeding against the herein Defendant before any
court or tribunal in the Philippines or abroad. If we should learn
that a similar action or proceeding against the herein Defendant
has been filed or is pending before any other court or tribunal, we
shall notify the court within five (5) days from such notice.

IN WITNESS WHEREOF, we have hereunto signed this verification

this November 21, 2017.

ENZO AVELINO CHARISSE AVELINO

Affiant Affiant

SUBSCRIBED AND SWORN to before me in the City of Bacolod this

st
21 of November, 2017 by ENZO AVELINO and CHARISSE AVELINO,
who have satisfactorily proven their identities to me through their Passports
with Number 65278 and 98467, respectively, valid until January 3, 2020,
that they are the same persons who personally signed the foregoing
affidavit before me and acknowledged that they executed the same.
 ATTY. JOSECARLO ANTON 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 GONZALES

Counsel for Plaintiff
Rm. 105 Patria Bldg
Bacolod City
PTR No. 184/Bacolod City/12-31-15
Roll of Atty. No. 7458485
IBP Lifetime Membership No. 810
MCLE Compliance No. 0320

Doc. No. 32;

Page No. 12;
Book No. 5;
Series of 2017;