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Complaint For Annulment 5
Complaint For Annulment 5
AISA SARMIENTO
Plaintiff,
FERNANDO MARTIN,
Defendant.
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COMPLAINT However, on December 12, 2018, Plaintiff received a message from her
friend Jilly Been that the wedding she attended turned into a disastrous one because of the
failure on the part of their mutual friend, Victoria Secreto. Plaintiff did not mind the
message because she trusted her best friend so much. Copy of the said message is attached
hereto as Annex “E”.
14. However, on December 15, 2018, when the Plaintiff arrived at Jaro Cathedral, she was
surprised that there were no flowers inside the church as if there was no wedding on that
day. The Plaintiff, walked down the aisle with tears and disappointments. Despite the
incident, the wedding ceremony continued.
15. However, when the newly-wed and the guests arrived at reception, there were only five
(5) lechon
11. On December 5, 2018, few days before the wedding, the Plaintiff had difficulty in contacting
her best friend as seen in the messages sent by her through text. Copy of the document is
attached hereto as Annex “D”.
12. Days before the wedding, on December 10, 2018, Respondent called the Plaintiff that her
husband Ruwelo would not be able to attend the wedding and that there was cancellation on the
band and catering service that she reserved but promised that everything will be settled on time
and the wedding will push through as planned.
The parties also stipulated in the said contract that the overall expenses mentioned should be paid
on or before the date of the wedding which is December 15, 2018.
8. On October 11, 2018, Plaintiff, by the request of Respondent, issued a check containing the
amount of Two Hundred Fifty Thousand Pesos (Php 250, 000) as a down-payment for the said
wedding expenses. Copy of said check is hereto attached as Annex “B”;
9. On November 17, 2018, an additional amount of Two Hundred Fifty Thousand Pesos (Php
250, 000) was paid in cash by the Plaintiff to the Respondent;
PLAINTIFF, through the ParaSaMgaBrokenHearted Law Office and to this Honorable Court,
most respectfully states, that: Sometime in February 2018, Mrs. Victoria Secreto (Respondent)
met with was then couple Sharmaine Mendoza and Val Ibulgar at a restaurant near University of
San Agustin. The couple agreed that they will get Mrs. Secreto as their wedding coordinator for
they have known each other since high school and the fact that Mrs. Secreto is best friends with
Ms. Mendoza.
6. On April 8, 2018, the parties executed a contract (Service Agreement) containing the details of
the wedding and the obligations of the parties. The said contract specifically stated the requests
of the Plaintiff as to the materials and designs for the wedding venue, the number of expected
guests, and the venue for the reception and the menu for the catering service. In addition, the
contract also provides the Plaintiff’s special request for the cake design. Copy of the said
contract is attached as Annex “A”;
“Parties”
1. Sharmaine Ibulgar (Plaintiff) is of legal age, married, Filipino citizen and with residence
and/or postal address at Tagbak, Jaro, Iloilo City, Philippines.
2. Respondent, Victoria Secreto, of legal age, married and a resident of Passi City, Iloilo,
Philippines. Defendant may be served with summons and other processes of the Honorable
I. PARTIES
1.1 Aisa Sarmiento is of legal age, a Filipino, with address at 67 J.P. Laurel St.,
Quezon City. It may be served with pleadings, motions, notices, resolutions, orders and other
processes of this Honorable Court through undersigned counsel at the address indicated below.
1.2 Defendant Fernando Martin,is of legal age, a Filipino, with address at 385
Corinthians Street, Quezon City, where he may be served with pleadings, motions, notices,
2.1 Plaintiff is the sole proprietor of Med Central Inc. (Med Central), located at Level
2.2 Due to Med Central’s insolvency, plaintiff offered to sell the clinic to defendant
with Med Central’s income statements, statement of accounts, among others, which revealed
2.4 Plaintiff furnished defendant a list of equipment and assets of the clinic. They also
came up with the offer sheet where the list of equipment in the clinic and the clinic itself was
agreement (MOA), where plaintiff would sell the clinic and its equipment to defendant for Php
15,000,000.00.
2.6 As per the Contract to Sell, payments would be made in four (4) installments, in
The transfer of ownership and the deed of absolute sale would be made upon the last
payment.”
2.7 Defendant paid Php 500,000.00 on 13 February 2009, date of signing of the
MOA, the receipt of which was acknowledged. The next day, 14 February 2009, defendant made
2.8 Defendant however had not made any subsequent payments. He also entered into
2.9 On 12 October 2009, the Contract of Lease between plaintiff and Robinsons
Galleria has expired. Under said contract, upon expiry, Robinsons will confiscate the equipment
2.10 By reason thereof, plaintiff vacated the premises at her own expense, taking the
2.12 On 15 October 2010, plaintiff sent a letter to defendant, asking the latter to claim
2.13 In recourse, defendant filed a complaint against plaintiff for robbery in relation to
the taking of his items in Med Central, and a civil case of confirmation of unilateral rescission
and damages before the Office of the City Prosecutor of Quezon City.
2.14 Defendant has failed and refused, and continues to fail and refuse, to perform the
was constrained to secure the services of counsel to protect her interest and to file the complaint
and to incur attorney’s fees and expenses of litigation, in the amount of Php 200,000.00, which
3.1 Aisa Sarmiento respectfully repleads the allegations of the foregoing paragraphs
by reference.
“Those obliged to deliver or to do something incur in delay from the time the
obligee judicially or extrajudicially demands from them the fulfillment of their
obligation.”
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.
The court shall decree the rescission claimed, unless there be just cause
authorizing the fixing of a period.
parties fail to comply with their respective obligations, the party who failed to
comply will be liable to pay thirty percent (30%) liquidated damages plus other
damages.”
3.5 Aisa Sarmiento, in exercise of its obligation under the Contract to Sell,
turned over the clinic to Fernando Martin after he paid the second installment, totaling his
payment to Php3,000,000.00.
3.6 On the other hand, Fernando Martin stopped payment after the second installment
3.7 Therefore, pursuant to Paragraph 1, Article 1169 of the Civil Code, the effects of
delay in the delivery of an obligation or morasolvendi is the breach or violation of the obligation.
There has been no breach on the agreement on the part of AisaSarmiento, the breach herein was
3.8 In connection with the foregoing, it is of no doubt that Aisa Sarmiento is the
injured party of the herein case who can apply the provisions of Article 1191 of the Civil Code
and Section 3 of the Contract to Sell, which was stated earlier. Aisa Sarmientois entitled to
demand specific performance against Fernando Martin to pay the remaining balance of the
purchase price plus damages for the latter’s failure to comply obligation.
by reference.
“Art. 1226. In obligations with a penal clause, the penalty shall substitute
the indemnity for damages and the payment of interests in case of non-
compliance, if there is no stipulation to the contrary. Nevertheless, damages shall
be paid if the obligor refuses to pay the penalty or is guilty of fraud in the
fulfillment of the obligation.
4.3 Thus, Aisa Sarmiento has the right to thirty percent (30%) liquidated damages,
pursuant to Section 3 of the Contract to Sell which was cited earlier, and to Article 1226 of the
Civil Code.
5.1 Aisa Sarmiento respectfully repleads the allegations of the foregoing paragraphs
by reference.
proceedings to enforce any of its rights hereunder, the party at fault will pay the
other reasonable compensation for its expenses and charges, including attorney’s
5.3 Fernando Martin is obligated to pay Aisa Sarmiento for any expenses, charges,
attorney’s fees, litigation expenses and costs of the suit, should Aisa Sarmiento resort to judicial
5.4 Based on the Contract to Sell, Fernando Martin should be made to pay Aisa
Sarmiento the amount of P200,000.00 by way of attorney’s fees, costs and litigation expenses.
PRAYER
1. On the First Cause of Action, order Fernando Martin to pay the amount of Php
2. On the Second Cause of Action, order Fernando Martin to pay the penalty cost of 30%
3. On the Third Cause of Action, order Fernando Martin to pay the sum of Php
200,000.00 as and for attorrney’s fees and expenses of litigation, plus costs.
Aisa Sarmiento further prays for such other reliefs as may be just and equitable in the
premises.
By: