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Complaint For Annulment 7
Complaint For Annulment 7
AISA SARMIENTO
PLAINTIFF, through the ParaSaMgaBrokenHearted Law
Office and to this Honorable Court, most respectfully states, that:
“Parties”
FERNANDO MARTIN,
Defendant.
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. 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
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
2.3 Plaintiff and defendant had several meetings where plaintiff supplied 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
2.9 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
2.11 Notwithstanding demands made upon defendant, the latter failed and refused to
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.
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
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.
4.1 Aisa Sarmiento respectfully repleads the allegations of the foregoing paragraphs
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:
Verification and Secretary’s Certificate Follows…