Republic of the Philippines

11TH JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 11, Davao City

BRYAN ,
Plaintiff,

CIVIL CASE No. 32324

-versus- For: Rescission of Contract

EMMA ,
Defendant.
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COMPLAINT

COMES NOW, the plaintiff by the undersigned attorney,

and unto this Honorable Court, respectfully states:

THE PARTIES

The Plaintiff

1. Plaintiff, BRYAN , is Filipino, of legal age, married and a

resident of Davao City;

2. Plaintiff may be served with all notices, orders, pleadings

and all other documents relative hereto at:

The Law Firm of Group 1 and Partners

15th Floor Pryce Tower
J.P. Laurel Avenue, Davao City
Tel No. (082) 26679870

The Defendant
3. Defendant, EMMA , Filipino, of legal age, married and a
resident of Davao City;

4. Defendant may be served with all notices, orders,

pleadings and all other documents relative hereto at
Block 32, Lot 15, Jade Valley Subdivision, Davao City;

5. All the Parties has the capacity to sue and be sued;

JURISDICTIONAL FACTS

6. The present complaint involves the specific performance

for the payment of the balance amounting to Thirty
Thousand Pesos of the total agreed selling price of
P50,000.00 plus payment of damages by the defendant
regarding a contract of sale of food packages, of which is
within the territorial jurisdiction of the Honorable Court;

7. On July 15, 2021, a Certificate to File Action, herein

attached as Annex "C", was issued by the Office of the
Lupong Tagapamayapa of Barangay Buhangin, Davao
City which stated the following:

"This is to certify that:

1) There has been a personal confrontation between the

parties before the Punong Barangay but mediation failed.
2) The Pangkat ng Tagapakasundo was constituted but the
personal confrontation before the Pangkat likewise did not
result into a settlement; and
3) Therefore, the corresponding complaint for the dispute
may now be filed in court/government office."

ANTECEDENT FACTS

8. Bryan is a supplier of different food packages depending

on the need of the customers here in Davao City;

9. EMMA, on the other hand, availed of the Lechon Package

good for 90-100 pax worth FIFTY THOUSAND PESOS
(Php 50,000.00) which includes one (1) whole lechon and
 ten (10) different viands as advertised by my marketing
agent, LUZ;

10. As downpayment thereof, EMMA deposited the amount

of TWENTY THOUSAND PESOS (Php 20,000.00) thru
bank transfer, a copy of the transaction receipt is hereby
attached and made integral part hereof as ANNEX “A”;

11. Consequently, on the date that was agreed upon, I

commissioned JOHN, the delivery man, to deliver the
said food package to EMMA which the latter duly
received, served to and consumed by her guests;

12. However, EMMA did not pay the balance of THIRTY

THOUSAND PESOS (Php 30,000.00) stating that said
food package that she received was not worth the price,
despite vehement demand by JOHN and notwithstanding
having served said foods to EMMA and her guests;

13. JOHN informed me that the five (5) viands were kept in a
room by EMMA, as evidence of said facts, an affidavit of
JOHN is hereby attached and made integral part hereof as
ANNEX “B”;

14. Upon learning that EMMA will not pay for the remaining
balance, I proceeded to her house to demand payment,
however such a meeting resulted in an altercation;

15. I brought the said actions of EMMA with the Barangay,

however, there was no agreement reached, thus, the
Barangay issued a Certification to File Action, herein
attached as Annex “C”;

CAUSES OF ACTION

First Cause of Action

16. Under Article 1191 of the New Civil Code, the power 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 payment of
damages in either case. He may also seek rescission, even
after he has chosen fulfillment, if the latter should become
impossible.

17. In this case, defendant Emma deliberately did not pay the
remaining balance based on the flimsy excuse that the
food package received was not worth it. Hence, Emma
did not comply with his obligation to pay the balance
despite the performance of plaintiff John of his obligation
to deliver the food packages. It is clear, in the above cited
provision that absent any provision providing for a right
to rescind, the parties may nevertheless rescind the
contract should the obligor fail to comply with its
obligation.

Second Cause of Action

18. Article 1169 of the Civil Code provides :

“xxx In reciprocal obligations, neither party incurs in

delay if the other does not comply or is not ready to
comply in a proper manner with what is incumbent upon
him. From the moment one of the parties fulfills his
obligation, delay by the other begins.”

19. Likewise, Article 1170 of the Civil Code of the Philippines

provides that:

“Those who in the performance of their obligations are

guilty of fraud, negligence, or delay, and those who in
any manner contravene the tenor thereof are liable for
damages.”

20. There is no denying that Defendant’s continued refusal

to pay the remaining balance of the cost of the food
package delivered by the Plaintiff on a claim that such is
not worth the price previously agreed upon is
unreasonable, unjust and without legal basis.

21. For this reason, plaintiff has suffered sleepless nights,

serious anxiety, moral shock, wounded feelings, physical
 and psychological suffering. More to the point, the same
tortious acts of defendant have also besmirched the
business reputation of plaintiff and may have strained its
good business relations with others. To vindicate
plaintiffs’ rights against defendant invalid and unlawful
acts done in bad faith, the defendant should be ordered to
pay plaintiff moral damages of at least P 100,000.00.

Third Cause of Action

22. With the unreasonable and unjustified acts of the

defendant which is wanton, fraudulent, reckless,
oppressive, and malevolent manner. By way of example
for the public good, defendant EMMA should be ordered
to pay plaintiff Exemplary Damages of at least P50,000.00.

Fourth Cause of Action

23. Plaintiff was unduly compelled to take legal steps to

protect his right and to finally file this complaint and
engage the services of counsel due to the unjustified acts
of defendant which she must be made to recompense in
the form of Attorney’s Fees amounting to at least Php
100,000.00 and Appearance Fees.

24. Plaintiff is also expected to incur litigation expenses and

costs of suit which the defendant must likewise be
ordered to pay in favor of the plaintiff.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

that, upon due hearing, judgment be rendered in favor of the plaintiff
and against the defendant ordering the latter:

1. To pay immediately the balance of Thirty Thousand

Pesos (P30,000.00) to plaintiff;

2. To pay Thirty Thousand Pesos (P100,000.00) as moral

damages;
 3. To pay Twenty Thousand Pesos (P50,000.00) as
exemplary damages;

4. To pay Twenty Thousand Pesos Pesos (P100,000.00) as

attorney’s fees; and

FURTHER, the Petitioner respectfully prays for such and other

reliefs as may be deemed just and equitable in the premises.

Done this 2nd day of August 2021 in Davao City, Philippines.

For the Plaintiff:

The Law Firm of Group 1 and Partners
15th Floor Pryce Tower
J.P. Laurel Avenue, Davao City
Tel No. (082) 26679870

For the Firm:

(SIGNED)ATTY. ________________________
Roll of Attorney No. 97899
IBP No. 119871; 01/08/2021; Davao City
PTR No. 8876512B; 01/08/2021, Davao City
MCLE Compliance No. VI-0024567
Valid until 12/20/2022
15the Floor Pryce Tower,
J.P. Laurel Ave., Davao City
Cellphone No. (0917) 6679870
________________@gmail.com

Republic of the Philippines)

City of Davao………………..) S.S.
x-------------------------------------x

VERIFICATION AND
CERTIFICATION AGAINST FORUM SHOPPING
 I, BRYAN, of legal age, married, and a resident of Davao City,
Philippines, after having been duly sworn to in accordance with law,
do hereby depose and state that:

1. I am the complainant in the above-entitled case.

2. I have caused the preparation and filing of the foregoing

Complaint against the defendant EMMA.

3. I have read the allegations in the pleading and that the same are
true and correct based on my personal knowledge, or based on
authentic documents.

4. The pleading is not filed to harass, cause unnecessary delay, or

needlessly increase the cost of litigation.

5. The factual allegations therein have evidentiary support or, if

specifically, so identified, will likewise have evidentiary
support after a reasonable opportunity for discovery.

6. I hereby certify under oath in this petition as follows:

a. I have not heretofore commenced any action or filed any

action or claim involving the same issue in any court,
tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other pending action or claim is
pending therein.

b. If there is such other pending action or claim, a complete

statement of the present status thereof; and

c. If I should thereafter learn that the same or similar action

or claim has been filed or is pending, I shall report that
fact within five (5) calendar days therefrom to the court
wherein the aforesaid complaint or initiatory pleading
has been filed.

In witness whereof, I have hereunto sign my hand this 2nd day

of August 2021 at Davao City, Philippines,

(SIGNED)BRYAN
Affiant
 SUBSCRIBED AND SWORN TO BEFORE ME in the City of
Davao, Philippines on this _____ day of _____ 2021, affiant exhibiting
before me his Passport No. PP0156144 issued on September 23, 2020
at Davao City, Philippines and valid until September 23, 2030 as his
competent proof of identification.

(SIGNED)ATTY. ________________________
Roll of Attorney No. 97899
IBP No. 119871; 01/08/2021; Davao City
PTR No. 8876512B; 01/08/2021, Davao City
MCLE Compliance No. VI-0024567
Valid until 12/20/2022
15the Floor Pryce Tower,
J.P. Laurel Ave., Davao City
Cellphone No. (0917) 6679870
________________@gmail.com

Doc No. _____;

Page No._____;
Book No._____;
Series of 2021.