Republic of the Philippines

REGIONAL TRIAL COURT

Branch 1
Cagayan de Oro City

SPOUSES PEDRO and MARIA GARCIA

CIVIL CASE NO.1
Plaintiffs,
FOR: Damages

-versus-

Corporation Z
Defendant
x--------------------------------------------------x

COMPLAINT

COMES NOW the plaintiffs, spouses PEDRO GARCIA and

MARIA GARCIA, through the undersigned and unto this Honorable
Court, most respectfully states:

1. That the plaintiff PEDRO GARCIA is of legal age, Filipino,

married to Maria, and is a resident of St. Ignatius, Phase 1,
Xavier Estates, Upper Balulang, Cagayan de Oro City, where
he can be served with summons and other processes of this
Honorable Court;

2. That the plaintiff MARIA GARCIA, is also of legal age, Filipino

and married Pedro and is a resident St. Ignatius, Phase 1,
Xavier Estates, Upper Balulang, Cagayan de Oro City;
3. That the defendant, CORPORATION Z is a domestic
corporation incorporated in Cagayan de Oro City with
principal address at Carmen, Cagayan de Oro City.

4. That both parties have the capacity to sue and be sued;

5. That said Hotel is a 5-star establishment and known in the

locality to be the best and state-of-the-art hotel for the
affluents and well-to-dos;

6. That sometime in January 2020, said couple contacted the

defendant to inquire whether they accept bookings for
weddings, specifically on the date May 28, 2020 from 5pm to
11pm;

7. That General Manager of the defendant confirmed the

availability of said date prompting the couple to choose the
hotel;

8. That on the following day, the plaintiffs personally inspected

the hotel’s event hall or function hall for the reception and
rooms for their guests;

9. That the plaintiffs specifically asked the general manager

whether the hotel has contingencies in cases of power
interruption or last-minute room reservation in which the
latter give an emphatic affirmation;

10. That on February 1, 2021, the General Manager handed

a billing to the plaintiffs for the wedding package called
Wedding Package A which includes food, venue,
accommodation, and other services for a total of One Million
Seven Hundred Forty Thousand Pesos (Php1,740,000.00).

11. That on the same day, herein plaintiffs fully paid the
amount of One Million Seven Hundred Forty Thousand
Pesos (Php 1,740,000.00)., thru BDO check No. 077111.
Photocopy of the contract and receipt attached herein as
“Annex A” and “Annex B”, respectively.
12. That on February 15, 2020, herein plaintiffs secured the
services of the most in-demand wedding host Venus and spent
One Hund Thousand Pesos (Php100,000) as her professional
fee. Photocopy of receipt of professional fee attached herein as
“Annex C ”;

13. That on February 16, 2020, plaintiffs hired the services

of Ben and Ben, the bride’s favorite band, to perform in the
wedding reception as a groom’s ultimate surprise to the wife
and spent Three Hundred Thousand Pesos (300,000) as
professional fee. Photocopy of the receipt attached herein as
“Annex D”;

14. On May 20, 2020, at around 9:00 pm, there was power
outage during the wedding reception caused that interrupted
the event.

15. That the wedding coordinator asked the general manager

if they could utilize the generator for the resumption of the
wedding reception but after a long period of waiting the power
did not came back.

16. That the plaintiffs immediately went to see the General

Manager at the hotel begging them to remedy the situation but
the latter to told them that they could not fix the generator;

17. Due to the unforeseen power outage, the festivities ended

earlier, as such, the special performances/surprises were
forgone which led to the plaintiffs’ disappointment. A copy of
the program is hereto attached as Exhibit “E”.

18. That the defendant offered to reimburse 50% of the

payment but the plaintiffs did not accept the offer. The
plaintiffs want to file a case against the defendant.

19. That the defendant corporation, guaranteed to herein

plaintiffs, that they host the once in a lifetime event in the
couple’s lives with ease and without interruptions, willfully
causing the plaintiffs to believe that they can celebrate their
wedding reception therein;
20. The provisions of the New Civil Code on Damages are
Articles 2201, and 2217 which provide:

Art. 2201. In contracts and quasi-contracts, the damages

for which the obligor who acted in good faith is liable shall
be those that are the natural and probable consequences
of the breach of the obligation, and which the parties have
foreseen or could have reasonably foreseen at the time the
obligation was constituted.

In case of fraud, bad faith, malice or wanton attitude, the

obligor shall be responsible for all damages which may be
reasonably attributed to the non-performance of the
obligation..

Article 2217. Moral damages include physical suffering,

mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social
humiliation, and similar injury. Though incapable of
pecuniary computation, moral damages may be recovered
if they are the proximate result of the defendant's wrongful
act for omission.Art. 1753. The law of the country to which
the goods are to be transported shall govern the liability of
the common carrier for their loss, destruction or
deterioration

21. That as a result of said wanton disregard for the interests

of the plaintiffs, Corporation Z caused actual damages to the
plaintiffs;

22. That Corporation Z did not act in good faith when it did
not check whether their generators are still in good condition.
There was already a weather advisory of strong winds and
heavy rain on the said date which increased the likelihood of a
power interruption.

23. That as a result of the willful and flagrant disregard of

Corporation Z, for its clients, plaintiffs suffered
embarrassment and humiliation from making their guests
uncomfortable;

24. That consequently, plaintiffs were compelled to institute

the instant action against the defendant. They were
constrained to retain the services of counsel to whom they
paid an acceptance fee of Forty Thousand Pesos
(Php40,000.00) and bound themselves to pay the
undersigned counsel an appearance fee of One Thousand
Five Hundred Pesos (Php1,500.00) per appearance;

PRAYER

WHEREFORE, the forgoing premises considered, it is

most respectfully prayed that this Honorable Court render
judgment ordering Defendant to pay herein Plaintiff the
following amounts:

1. Php2,140,000.00, representing the actual damages

suffered by the plaintiffs;

2. Php100,000.00 as moral damages

3. Php400,000.00 as exemplary damages

4. Php40,000.00 as attorney’s fee;

Plaintiffs likewise pray for such other reliefs as are just

and equitable under the premises.

SO PRAYED.

Cagayan de Oro City.

September 21, 2021

ATTY. CLEIN JON J. TIU

Counsel for Plaintiff
CJT Law Firm
Sofia’s Compound, Zone 1, Bulua
9000 Cagayan de Oro City
REPUBLIC OF THE PHILIPPINES )
Cagayan de Oro City) S.S

VERIFICATION AND CERTIFICATION

OF NON- FORUM SHOPPING

We, plaintiff PEDRO GARCIA is of legal age, Filipino, married

to Maria, and is a resident of St. Ignatius, Phase 1, Xavier Estates,
Upper Balulang, Cagayan de Oro City,

and

MARIA GARCIA, is also of legal age, Filipino and married Pedro and
is a resident St. Ignatius, Phase 1, Xavier Estates, Upper Balulang,
Cagayan de Oro City, after being duly sworn to in accordance with
law, hereby depose and state that:

1.We are the plaintiffs in this case and have caused the
preparation of the foregoing Complaint;
2. The allegations therein are true and correct of our own
personal knowledge and based on authentic records on hand
(A.M. No. 19-10-20-SC);
3. That the foregoing Complaint is not filed to harass, cause
unnecessary delay or needlessly increase the cost of litigation
(A.M. No. 19-10-20-SC);
4. That the factual allegations in the Complaint have evidentiary
support or, if specifically so identified, will likewise have
evidentiary support after reasonable opportunity for discovery
(A.M. No. 19-10-20-SC)
5. Further, we hereby certify that we have not commenced any
other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency; and
6. To the best of our knowledge, no such action or proceeding
involving the same issues is pending thereat and that if we
should learn that a similar action or proceeding has been filed
or is pending, I undertake to notify the Honorable Court
within five (5) days from such notice.

IN WITNESS WHEREOF, we have hereunto affixed my

signature this _______________________, in the City Cagayan de Oro.

PEDRO GARCIA MARIA GARCIA

I.D. No. __________________ I.D. No. __________________
 SUBSCRIBED AND SWORN to before me this __________, with
the affiant exhibiting to me her valid identification card written
above.

Doc. No. ____;

Page No. ____;
Book No. ___;
Series of 2021.

Republic of the Philippines)

City of Cagayan de Oro )S.S.

SWORN CERTIFICATION OF COUNSEL

I, ATTY. CLEIN JON J. TIU, of legal age, Filipino and with

office address at Sofia’s Compound, Zone 1, Bulua, Cagayan de Oro
City, after having been duly sworn to in accordance with law,
hereby depose and say:

1. That I am the handling counsel in the Complaint for Damages

filed by Pedro Garcia and Maria Garcia against Corporation Z;

2. That I have personally read the allegations of the complaint

and, to the best of my knowledge, information and belief,
formed after an inquiry reasonable under the circumstances:

 It is not being presented for any improper purpose, such

as to harass, cause unnecessary delay, or needlessly
increase the cost of litigation;
 The claims, defenses, and other legal contentions are
warranted by existing law or jurisprudence, or by a non-
frivolous argument for extending, modifying, or reversing
existing jurisprudence;
 The factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary
support after availment of the modes of discovery under
these rules; and
 The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably
based on belief or a lack of information.

3. That I am executing this sworn certification to attest to the

truth and veracity of the above-stated facts and in compliance
with Section 3, Rule 7 of the 2019 Rules of Civil Procedure
(A.M. No. 19-10-20-SC).
 IN WITNESS WHEREOF, I have hereunto set my hand this
_______________________ at Cagayan de Oro City.

ATTY. CLEIN JON J. TIU

Affiant
IBP Roll No. 2190

SUBSCRIBED AND SWORN to before me this

____________________ at Cagayan de Oro City.

Doc. No. ____;

Page No. ____;
BookNo. ____;
Series of 2021.