cv. s Republic of the Philippines),.+..gyay 4 = 9014 METROPOLITAN TRIAL COURT ae National Capital Judicial Region Pasig City Branch GF PNI MANAGEMENT PHILIPPINES, INC., Plaintiff, 20964 - versus ~ Civil Case No. WESTERN SHIPPING SOUTHEAST ASIA, INC., WSP MARITIME TRAINING, INC., AND MANUEL DAVID, Defendants. ieee x COMPLAINT PLAINTIFF, through undersigned counsel, and unto the Honorable Court most respectfully states: 1. The plaintiff, PNI MANAGEMENT PHILIPPINES, INC,, is a corporation duly organized and existing under Philippine laws, with principal office at 6 Floor, Strata 2000 Building, F. Ortigas Ave. Jr. Road, Ortigas Center, Pasig City, Metro Manila, but for purposes of this action, may be served with notices, orders, and other court processes c/o the undersigned counsel. 2. The defendants corporations, WESTERN SHIPPING SOUTHEAST ASIA, INC. and WSP MARITIME TRAINING, INC,, are both domestic corporations duly organized and existing under Philippine laws, with principal office at 1802 Prestige Tower, F. Ortigas Jr. Road, Ortigas Center, Pasig City, Metro Manila. A copy of their latest respective General nInformation Sheets (GIS) filed before the Securities and Exchange Commission (SEC) are hereto attached as Annexes A and B, where defendant corporation may be served with summons and other court processes. Individual defendant MANUEL DAVID is the President of the two defendant corporations and is herein joined in his personal capacity as an alternative defendant. 3. The plaintiff corporation is engaged in the business of providing any and all forms of services and facilities relating to human resources management services inclusive of recruitment and placement, executive search, staffing, and training. 4, Sometime in January 2012, the plaintiff and the defendant corporations through their President, MANUEL DAVID, entered into a Memorandum of Agreement wherein the defendant corporations engaged the services of the plaintiff for sourcing of candidates to fill up the positions required by defendant corporations. A copy of the said Memorandum of Agreement is herein attached as Annex C. 5. Pursuant to the said Agreement, and the requirements of the defendants, defendants requested, among others, for a candidate from plaintiff to fill up the position of Training Manager with a salary of P100,000 to P150,000. 6. The parties also agreed that the service and placement fee of the plaintiff for candidates successfully referred is 12% of the annual salary 2](including 13 month pay). This is specified in par. IM of the Memorandum of Agreement. 7. The salary of the Training Manager as requested, and the agreement of the service and placement fee of the plaintiff, were all documented through several e-mail communications between the plaintiff and defendant MANUEL DAVID, acting as President of the two defendant corporations. A copy of the relevant e-mail communications between plaintiff and defendants are herein attached as Annex D. Plaintiff was thus able to successfully refer and place a candidate, HOWELL PRODIGALIDAD, who was accepted and hired by defendants as Training Manager. 8. Sometime in October 2013, an email communication was received by the plaintiff from Howell Prodigalidad confirming that he was hired by defendants, and that he will “cease to be Training Manager” effective October 7, 2013. Copy of the e-mail communication is herein attached as Annex E, 9. On October 9, 2013, a letter with billing statement was duly sent by the plaintiff to the defendants, requesting for the settlement of the amount of the service and placement fee, equivalent to 12% of the annual salary of the candidate. In the case of Howell Prodigalidad, the service and placement fee due from the defendants is TWO HUNDRED THIRTY NINE THOUSAND THREE HUNDRED SIXTY SIX AND 40/100 PESOS {1(P239,366.40). A copy of the letter dated October 9, 2013 with attached billing statement is herein attached as Annexes F and G. 10. On October 11, 2013, plaintiff received a letter reply from the lawyer of defendants stating that individual defendant MANUEL DAVID was “quite surprised by your letter and the billing statement” and asked for a copy of the “purported contract”. It appeared in this letter that individual defendant is now feigning ignorance of his contractual obligations despite personally sending the email communications and signing the Memorandum of Agreement. A copy of the letter of Atty. Isagani Ramos, as counsel for defendants, dated October 11, 2013, is herein attached as Annex H. 11. In good faith and to immediately respond to the request of the counsel for defendants, the counsel for plaintiff duly sent a letter-reply dated 21 November 2013, together with a copy of the Memorandum of Agreement duly signed by the defendant MANUEL DAVID. A copy of the letter reply dated 21 November 2013 is herein attached as Annex I. 12. In reply to the said letter, the counsel for defendants sent his letter dated January 3, 2014, the salient features of which are as follows: a) that individual defendant MANUEL DAVID now does not remember signing the Memorandum of Agreement; b) that Howell Prodigalidad was hired in June 2012 without the intervention of any recruitment or placement agency; flc) that individual defendant MANUEL DAVID could not have agreed to the terms of the Memorandum of Agreement since defendant corporations are “zero-rated VAT companies”; and d) that the salary of Howell Prodigalidad was only P80,000, and any amount above P80,000 are “additional benefits” but not part of the salary; and e) that by way of compromise the defendants are offering to pay only P30,000.00. A copy of the letter of counsel for defendants dated January 3, 2014 is herein attached as Annex J. 13. The said letter dated January 3, 2014 only highlights the admission of the defendants that Howell Prodigalidad was indeed hired by the defendants, and that Howell Prodigalidad was receiving the salary far greater than P80,000.00, as they admitted “additional benefits”. The salary grade of Howell Prodigalidad was set at the time he was placed and thus the billing based on a salary of P137,000.00 is accurate. It is clear from the reply letter dated January 3, 2014 that the defendants are now trying to evade their plain and valid obligations to the plaintiff in the amount of 239,366.40 (plus penalty charges as provided in par. IV of the Memorandum of Agreement) despite having availed of the same and benefiting therefrom. The individual defendant MANUEL DAVID is also in bad faith by feigning ignorance since he was the one personally dealing with the plaintiff. Hence, he cannot hide behind the fiction of the corporate 5)entity to avoid personal liability and should be held personally and jointly and severally liable with the defendant corporations for any sums due to the plaintiff. 14. A final demand letter dated 3 March 2014 was duly sent to the defendants. A copy of said letter is herein attached as Annex K, 15. Due to the defendants’ wanton and unjustified refusal to comply with its obligations, the plaintiff corporation was constrained to engage the services of counsel in order to protect and enforce its rights, and with whom the plaintiff corporation has agreed to pay P50,000.00 as attorney's fees, for which defendants should also be held jointly and severally liable. 16. To serve as an example to the public good, defendants should be ordered to pay jointly and severally exemplary damages, preferably not less than P50,000.00. PRAYER WHEREFORE, it is most respectfully prayed of the Honorable Court that judgment be rendered in favor of plaintiff corporation and against defendants ordering the latter jointly and severally: 1. To pay the plaintiff corporation the principal sum of TWO HUNDRED THIRTY NINE THOUSAND THREE HUNDRED SIXTY SIX AND 40/100 (P239,366.40) plus penalty charge of 3% per month beginning November 2013 and legal interest of 12% per annum from date of filing of the Complaint; 16]2. To pay the plaintiff corporation the sum of P50,000.00 as attorney's fees, and all costs of suit; and 3. To pay the exemplary damages, preferably not less than 50,000.00. Mandaluyong City, for Pasig City, 8 April 2014. EUFEMIO LAW OFFICES Counsel for Plaintiff Third Floor, The Esquire Centre Gomezville St. cor. Guerrero St. Addition Hills, Mandaluyong City Tel. 7267831, 7267832 Fax 7267833 Email eufemiolaw@gmail.com \ By EDSON{T. EUFEMIO IBP No, 949757- 1/02/14- Rizal Chapter PTR No. 1918974- 01/03/14- Mandaluyong City Attorney's Roll No. 39910 MCLE Compliance No. IV- 0018021- 04/26/13 refleomplant PNI western shipping (7VERIFICATION and CERTIFICATION OF NON FORUM SHOPPING 1, CHRISTINE MINOZA-TABLANTE, of legal age, after being duly sworn, do hereby depose and say: That I am the Marketing and Business Development Manager of PNI MANAGEMENT PHILIPPINES INC,, the plaintiff in the above entitled case; That I have been duly authorized by the Corporation to cause the preparation of the foregoing Complaint; that i have read the same and that the contents therein are true and correct of my own personal knowledge; That I hereby certify that I have not, nor has the Corporation, 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 that to the best of our knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, I shall notify the court, tribunal, or agency within five (5) days from such notice. CHRISTINE MINOZA-TABLANTE Affiant SUBSCRIBED AND SWORN to before me this eh day of A affiant exhibiting to me her Passport No. EB3370962 issued at DFA Manila valid until August 14, 2016. Doc No. 24 Page No. Book No. a Series of 201 UNTIL DECEMBER 31, 2015 PTR NO. 1918974-1/3/14-MAND. CITY 1BP NO. 949757-1/2/14-RIZAL CHAPTER ROLL NO. 39910, APPT. NO. 0307-14