REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH __
SAMPALOC, MANILA

PAYAMAN PARTNERSHIP
Rep. by MANAGING
PARTNER (MARY ANGELICA
VILLA)
Plaintiff,

CIVIL CASE No. ________________

For: SPECIFIC PERFORMANCE &
DAMAGES

-versus-

ABC CONSTRUCTION FIRM

Rep. by MICHEAL PACAANAS
Defendant.
x- - - - - - - - - - - - - - - - - -x

COMPLAINT
Plaintiff, PAYAMAN PARTNERSHIP, represented by its attorney-
in-fact, through the undersigned counsel, unto this Court, hereby state
under oath that:

THE PARTIES:

1. Plaintiff is a Partnership, duly organized under our existing law,

with its principal office located at 422 San Diego St., Balic-balic
Sampaloc, Manila, managing a successful restaurant Named “Mang
Inasar”. Copy of the Articles of Partnership is hereto attached and
marked as ANNEX “A”1;

1
Articles of Partnership
1
 2. Defendant is a construction firm, represented by its President
having a principal office located at 455 Quintos St., Balic-balic,
Sampaloc, Manila, where summons and other court processes may
be served to him;

CAUSE OF ACTION

3. The parties executed a SERVICE CONTRACT on January 1, 2019

for the purpose of constructing a restaurant located at Taft Avenue,
Manila. A copy of this contract is attached as ANNEX “B”2. Part of
the said contract is the payment of the services rendered by such
construction firm on a monthly instalment of ONE MILLION
PESOS (1,000,000.00php) until payment of the full amount of TEN
MILLION PESOS (10,000,000.00php);

4. While initially the plaintiff continues to pay his monthly obligation

to the defendant and the restaurant is at 70% of its completion, the
defendant, on December 1, 2020 suddenly stop his obligation of
constructing said restaurant. Oral and written demands to pay his
obligation fell on deaf ears;

5. To date, the unjustified work stoppage of the defendant results to a

massive loss of plaintiff’s capital and income and in fact the
partnership is in the verge of insolvency. A copy of the receipt of
monthly payment made by the plaintiff in favor of the defendant is
attached as ANNEX “C”,3 while a copy of the demand letter
ordering the defendant to continue to construct the restaurant is
attached as ANNEX “D”. 4

6. The Managing Partner of the plaintiff reported to the Barangay

Council the failure of the defendant on his obligation to construct
such restaurant so the Lupong Tagapamayapa summoned the
defendant but he did not appear, without any justifiable cause.

7. The lupon consequently issued a certification to file action, which is

hereto attached as ANNEX “E”;5

2
Service Contract
3
Receipt of Monthly Payment
4
Demand Letter
5
Certificate to File Action
2
 8. Up to the present, the defendant despite several demands made by
the plaintiff, continues to fail to render construction services for the
completion of such restaurant--to the damage and prejudice of the
plaintiff;

9. Because of the defendant’s unjustified refusal to heed the plaintiff’s

just demands, plaintiff was constrained to institute this suit, incur
litigation expenses to be proved during trial and retain the services
of a lawyer for a fee of 100,000 pesos, all which the partnership
deserves to be reimbursed.

PRAYER

WHEREFORE, Payaman Partnership ask the Judgement be rendered

ordering the defendant and all other persons acting on his behalf to:

1. Continue to Construct the restaurant until fully completed;

2. Pay the Plaintiff the sum of 7,000,000 for the capital and income that
is loss due to the defendant’s fault with legal interest from the date
the complaint is filed; and;

3. Pay him litigation expenses and attorney’s fee for 100,000 pesos.

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

24th day of June 2021, City of Manila

KRISTINE LEA RABAJA

Counsel For Plaintiff
Unit 112 University Tower
España,Manila
Roll of attorney- 12342353
MCLE COMPLIANCE CERTIFICATE VI; 5-11-21
IBP 12345/Lifetime/MANILA
PTR 12358185/12-21/MANILA

3
 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, MANAGING PARTNER of payaman Partnership, of legal age,

Married, Filipino citizen, and a resident of 123 st. Barangay 544, Balic-
Balic Manila, after having been duly sworn to in accordance with law,
hereby depose and say:

1. That, I am the Managing Partner of Payaman Partnership in the

above-entitled case, and I have caused the preparation of the
foregoing;
2. That, I have read the above complaint and the allegations in it are
true and correct of my personal knowledge and/or on the basis of
copies of documents and records in my possession;
3. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;
4. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals,
or any other tribunal or agency;
5. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that
fact within five (5) days therefrom to this Honorable Court.

IN WITNESS THEREOF, I, have hereunto set my hand this 24th of

June 2021 at City of Manila.

MARY ANGELICA VILLA

Affiant

SUBSCRIBED AND SWORN to before me this June 24,2021 at City

of Manila, after affiant exhibited to me her passport KDD2099, issued on
22 March 2019 at Manila.

Doc. No. __
Page No.__
Book No. __
Series of 2021