personally appeared ___________________________________________ Known to be the

same executed the foregoing instrument and acknowledge to me the same is his/her free
and voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL. Doc No. :
_______ Page No. : _______ Book No. VII Series of 201
Dear Atty.
ereby acknowledge from the Vendee, by and to the partial satisfaction of the Vendor, said
Vendor HEREBY SELLS, TRANSFER AND CONVES unto the Vendee, his heirs, assigns
and successors in interest, that certain Motor Vehicle and more particularly
described as follows: MAKE/SERIES : ____________________________ TYPR OF
BODY : ____________________________ MODEL :
____________________________ MOTOR No. : ____________________________
CHASSIS No. : ____________________________ PLATE No. :
____________________________ COLOR : ___________________________Very truly
yours,

ANDRES CALIZO II
AVP/Area General Manager
Filinvest Land, Inc.

SUBSCRIBED AND SWORN to before me this ___ day of ____________, 2021 at City by
Andres Calizo II who appeared”
Northcentral document. I want to be clear, however, that I am in debt to an unknown
author who spared me the inconvenience of having to create my own templates from
scratch.
Keywords: writing, template, sixth, edition, APA, format, style, self-discipline
Title of Paper Gets Repeated Here Exactly As It Appears On The First Page
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the top of your introduction even though other sections begin with headings like “Method”,
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generating the parts of your APA-formatted paper. Notice that there is no REGIONAL
TRIAL COURT
Makati City, Branch 40

AISA SARMIENTO
PLAINTIFF, through the ParaSaMgaBrokenHearted Law
Office and to this Honorable Court, most respectfully states, that:

“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 Court
at her stated addresses;Plaintiff,

-versus- Civil Case No. ___

For: SPECIFIC PERFORMANCE

FERNANDO MARTIN,
Defendant.

x---------------------------------------------------------x
. 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,

resolutions, orders and other processes of this Honorable Court.

I. ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

2 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”;

7. 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;

 2.5 On 13 February 2009, plaintiff and defendant executed a memorandum of

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 following manner:

“FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) to be paid on the date of

signing of the MOA; 
TWO MILLION FIVE HUNDRED THOUSAND PESOS (Php 2,500,000.00) to be paid
on 30 May 2009;
SIX MILLION PESOS (Php 6,000.000.00)to be paid on 30 August 2009;
SIX MILLION PESOS (Php 6,000,000.00) to be paid on 30 November 2009.

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

an additional payment, totaling the payments made to Php 3, 000,000.00.

2 However, on November 18, a day after the Respondent accepted the amount, the

Plaintiff received a message on her Facebook account through messenger saying that the

additional amount of money was stolen from her because her bag containing the money was rob

at Robinson’s Jaro. The Plaintiff, being considerate to her best friend, paid the remaining balance

of Two Hundred Fifty Thousand Pesos (Php 250, 000) and offered that the Respondent may

make adjustments as to the materials to be used in the venue. In exchange, the Respondent

promised that she will make her bestfriend’s wedding memorable as provided in the conversation

between Plaintiff and Respondent. Copy of the document of the said conversation is attached

hereto as Annex “C”.

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”.

 ower to rescind obligations is implied in reciprocal ones, in case one of the
obligors should not comply with what is incumbent upon him.

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. 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 manok on the table and nothing else. Forcing the
bride and groom buy food for their guests at McDonald’s Atria. Copy of pictures
of lechon manok and the newly-wed buying at McDonald’s is attached as Annex
“F” and Annex “G”, respectively.

16. More disappointments followed when the cake arrived at the venue
and it was less and different than what was stipulated in the contract. The worst
was the first layer of the said cake is made from stryofoam covered by red
fondant. Copy of the picture of the said cake is attached hereto as Annex “I”.

The court shall decree the rescission claimed, unless there be just cause
authorizing the fixing of a period.

This is understood to be without prejudice to the rights of third persons

who have acquired the thing, in accordance with Articles 1385 and 1388 and the
Mortgage Law. (1124)”

3.4 Section 3 of the Contract to Sell states:

“(3) FAILURE TO COMPLY WITH OBLIGATION.Should one of the

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

and after turnover of the clinic.

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

committed by Fernando Martin. Hence, the latter is the guilty party.

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.

IV. SECOND CAUSE OF ACTION

4.1 Aisa Sarmiento respectfully repleads the allegations of the foregoing paragraphs

by reference.

4.2 Article 1226 of the Civil Code provides:

“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.

The penalty may be enforced only when it is demandable in accordance

with the provisions of this Code. (1152a)”
 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.

V. THIRD CAUSE OF ACTION

5.1 Aisa Sarmiento respectfully repleads the allegations of the foregoing paragraphs

by reference.

5.2 Section 13 of the Contract to Sell further provides:

“(13) ATTORNEY’S FEES, ETC: Should either party resort to judicial

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

fees in addition to all expenses of litigation and costs of suit.”

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

proceedings to enforce any of its rights under the Contract to Sell.

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

WHEREFORE, Aisa Sarmiento respectfully prays that this Honorable Court:

1. On the First Cause of Action, order Fernando Martin to pay the amount of Php

12,000,000.00 in performance of his obligation to the Contract to Sell.

2. On the Second Cause of Action, order Fernando Martin to pay the penalty cost of 30%

liquidated damages amounting to Php 3,600,000.00.

 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.

Makati City, 16February 2012

Counsel for Plaintiff Aisa Sarmiento

By:

Verification and Secretary’s Certificate Follows…