REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT
ANGELES CITY
Branch____

T.D. RICEMILL CORPORATION

represented by its President,
DEMETRIA BRIGIDA T. AZCUETA,
Plaintiff,

-versus- CIVIL CASE NO._____________

For: Collection of Sum of Money
and Damages

KRISTINE JOY MORALES SAN PABLO,

Defendant.
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COMPLAINT

PLAINTIFF, by counsel, respectfully state:

1. Plaintiff, T.D. RICEMILL CORPORATION (TDRC for

brevity) is a stock corporation duly organized and existing under the
laws of the Republic of the Philippines, with office and business
address at Jose Abad Santos Avenue, City of San Fernando
Pampanga.

Copies of the Articles of Incorporation and By- Laws of TDRC

are attached hereto as Annexes “A” and “B”, respectively.

2. Defendant Kristine Joy Morales San Pablo, is of legal

age, Filipino citizen and a resident of No.9 Purok 1 San Isidro
Guagua, Pampanga where she may be served with summons and
other legal processes of the Honorable Court. Defendant, at all times
material to this complaint, was with plaintiff as an Executive
Secretary.

3. Sometime in December, Plaintiff informed defendant of

her account receivables with a breakdown of all the money that she
owes to the Company.
 4. Defendant accumulated a total amount of One Hundred
Thirty Thousand and Seven Hundred Forty One pesos (P130,741.00)
consisting of cash advances, canteen credits and petty cash
disbursements.

5. From May 25, 2013 until December 30, 2014, defendant

Kristine Joy San Pablo advanced from the plaintiff the following
amounts:

Date Amount of Loan/Advance

May 25, 2013 P8000
July 27, 2013 P6000
September 6, 2013 P10,000
November 30, 2013 P10,000
December 23, 2013 P3000
February 22, 2014 P15,000
March 21, 2014 P15,000
May 29, 2014 P10,000
July 24, 2014 P10,000
September 25, 2014 P8000
December 30, 2014 P3000

Total: P 98,000

The defendant executed Loan/Advance Request Forms as proof of

her requests and receipt of said amounts. Copies of which are hereto
attached and made an integral part hereof as Annex “C” to Annex
“M”.

6. Defendant was only able to pay the amount of Thirty

Thousand Six Hundred Fifty Three Pesos (P30,653.00) to TDRC out
of the total amount due of Ninety Eight Thousand Pesos (P98,000.00)
leaving an unpaid balance of Sixty Seven Thousand Three Hundred
Forty Seven Pesos (P67,347.00) which up to this date remains
unpaid despite repeated demands.

7. Also, From October 02, 2013 upto January 06, 2015

Defendant ordered from TD Foodcourt items such as drinks, mobile
phone load, cigarettes, snacks and other items adding in the total
amount of Ten Thousand Three Hundred Ninety Four Pesos
(P10,394.00) which up to this date remains unpaid despite repeated
demands.

A copy of the sales credit and charge sheet by TDRC is hereto

attached as Annex “N” to Annex “N-19” and made integral part
hereof.
 8. From time to time, defendant would advance from the
revolving fund of the corporation.

9. On November 12, 2014, defendant obtained the amount

of Fifteen Thousand Pesos (P15,000.00) from plaintiff’s funds for
Ms.Olie. A petty cash voucher with No. 012359 was issued to
defendant for the said cash disbursement. However, defendant, upto
this date, has failed to account and remit the required receipts as
proof that the said amount has been properly liquidated.

A copy of the petty cash voucher is hereto attached as Annex

“O” and made integral part hereof.

10. Again, on November 18, 2014, defendant obtained the

amount of Eight Thousand Pesos (P8,000.00) from plaintiff’s funds
for “groceries for house”. A petty cash voucher with No. 012362 was
issued for the said cash disbursement.

A copy of the petty cash voucher is hereto attached as

Annex “P” and made integral part hereof.

11. On December 04, 2014, defendant obtained the amount

of Five Thousand Pesos (P5,000.00) from plaintiff’s funds for
expenses “going to Marquee for buy parts CCTV Camera” A petty
cash voucher with No. 012450 was issued to defendant for the said
cash disbursement. However, defendant, upto this date, has failed to
account and remit the required receipts as proof that the said amount
has been properly liquidated.

A copy of the petty cash voucher is hereto attached as Annex

“P” and made integral part hereof.

12. On December 06, 2014, defendant obtained the amount

of Twenty Thousand Pesos (P20,000.00) from plaintiff’s funds for “gift
appliances” A petty cash voucher with No. 012469 was issued to
defendant for the said cash disbursement. However, defendant, upto
this date, has failed to account and remit the required receipts as
proof that the said amount has been properly liquidated.

A copy of the petty cash voucher is hereto attached as Annex

“Q” and made integral part hereof.

13. On December 22, 2014, defendant obtained the amount

of Five Thousand Pesos (P5,000.00) from plaintiff’s funds for
expenses “allowance going to Taguig with kuya Ney ” A petty cash
voucher with No. 012546 was issued to defendant for the said cash
disbursement. However, defendant, upto this date, has failed to
account and remit the required receipts as proof that the said amount
has been properly liquidated.

A copy of the petty cash voucher is hereto attached as

Annex “R” and made integral part hereof.

14. After being informed of the Company’s total account of

receivables from her, defendant Kristine submitted her letter of
resignation dated January 10, 2015 addressed to Dra. Demetria T.
Azcueta which was effectively immediately. Simultaneous with the
submission of her resignation letter, she told plaintiff that she will ask
her aunt to lend her money for the amount she owes the company.

A copy of the defendant’s resignation letter is hereto attached

as Annex “S” and made integral part hereof.

15. Plaintiff tried to demand from defendant the amount she

owes the company through text messages and phone calls; however
her efforts became futile upon learning that Joy cannot be reached
anymore through her contact details. Defendant did not reply at all,
never answered her mobile phone and worse, she even changed her
number to avoid her obligations with the company.

16. Plaintiff sent a demand letter to defendant dated March

10, 2015. Again, no action was taken by the defendant despite the
demand letter.

A copy of the demand letter dated March 10, 2015 is hereto

attached as Annex “T” and made integral part hereof.

17. Sometime in May 2015, Vivian Caligagan, the operating

manager of TDRC was notified by TDRC purchaser, Aida Sunga,
that the former president of TDRC, Dominador Tombo III will get his
monthly supply of rice and so she told her staff to prepare the delivery
receipts to be signed when she saw defendant inside Tombo’s
vehicle.

18. Vivian Caligagan then instructed the guard to call

defendant so she can talk to her about her outstanding balance with
the company and also demand return of other properties belonging to
the company which she have not surrendered.
 19. Despite that, Dominador Tombo, instructed her not to go
down. Vivian then approached defendant and calmly asked her when
she intends to settle her outstanding balance with the company.
Instead of being remorseful, defendant raised her voice and showed
rudeness against Vivian Caligagan.

20. On May 5 2015, an incident report was made by Vivian

Caligagan regarding the confrontation that transpired between her
and the defendant.

A copy of the incident report is hereto attached as Annex “U”

and made integral part hereof.

21. Feeling aggrieved and without any other recourse to

collect the said total amount of One Hundred Thirty Thousand and
Seven Hundred Forty One pesos (P130,741.00), and due to
defendants unlawful and unjustifiable failure to settle her obligation
despite repeated demands, plaintiff filed this Complaint.

22. As a consequence of defendants’ unlawful and

unjustifiable failure and refusal to comply with plaintiff’s just, valid and
demandable claim, plaintiff was compelled to institute the suit, to
engage the services of undersigned counsel at an agreed fee of Fifty
Thousand Pesos (P50,000.00) and appearance fee of Five Thousand
Pesos (P5,000.00) per hearing, and to incur other expenses of
litigation and costs of suit.

PRAYER

WHEREFORE, it is respectfully prayed of the Honorable Court

that after due trial, judgment be rendered in favor of plaintiff and
against defendants ordering her to pay as follows:

1. The sum of One Hundred Thirty Thousand and

Seven Hundred Forty One pesos (P130,741.00)
representing her outstanding obligation;

2. The sum of Fifty Thousand Pesos P50,000.00 as

attorney’s fees, plus Three Thousand Pesos P5,000.00
as appearance fee for every hearing attended on
plaintiff’s behalf; and

3. To pay the costs of suit.

Angeles City, __ June 2015.

VILLANUEVA HIPOLITO TUAZON

LAW OFFICES
Counsel for the Complainant
GF, Angeles Business Center, Nepo Mart
Angeles City; Tel No. 887-1577/885-2713
PLDT No.; 436-1761
Email: vlhlaw@yahoo.com

By:

ELFREN P. HIPOLITO JR.

Roll of Attorneys No. 33515
IBP Lifetime Member No. 00416
PTR No. AC0543658/1-5-15/AC
MCLE Compliance No. IV-0023866
issued on 8 July 2014

ANNA CAMILLE M. TADEO

Roll of Attorneys No. 64134
IBP Member No. 1007951/21 April 2015
PTR No. AC3845826/4-30-2015/AC
Admitted to the Bar on 27 April 2015

VERIFICATION AND CERTIFICATION

 I, DEMETRIA BRIGIDA T. AZCUETA, of legal age, Filipino
citizen, married, with office address at Jose Abad Santos Avenue
Dolores, City of San Fernando Pampanga, after having been duly
sworn to in accordance with law, hereby depose and say, that:

1. I am the President of T.D. RICEMILL CORPORATION, the

plaintiff in the above-entitled case;

2. By authority of the Board of Directors, I have caused the

preparation of the foregoing Complaint, the contents of which
are all true and correct of my own personal knowledge, and the
records of the corporation; copy of the Secretary’s Certificate is
hereto attached as Annex “V”;

3. I further certify that:

(a) Plaintiff has not commenced any other action or proceeding

involving the same issues in any other tribunal;

(b) To the best of my knowledge no such action or proceeding

is pending in any tribunal; and

(c) Should I learn that a similar action or proceeding has been

filed or is pending in any other tribunal, I undertake to report
that fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this __

day of June 2015 in Angeles City, Philippines.

Demetria Brigida T. Azcueta

Affiant

SUBSCRIBED AND SWORN to before me this 1st day of July

2014 in Angeles City, Philippines by affiant who has satisfactorily
proven to me her identity through her Driver’s License
No._______________ valid until _______________ and who is the
same person who signed before me the foregoing Verification and
Certification and acknowledged that she voluntarily executed the
same.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2015.