REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

First Judicial Region
Branch 26
San Fernando City, La Union

Jacqueline B. Derrida
Plaintiff,

-versus- Civil Case No:2023

For: Damages

PSSg.Niccolo G. Machiavelli,
Defendant.
x-----------------------------------------x

COMPLAINT

COMES NOW, the Plaintiff, by and through the undersigned

counsel, unto this Honorable Court most respectfully states:

1. Jacqueline B. Derrida (hereinafter referred to as

“Plaintiff”) is of legal age, Filipino, single, a resident of Baroro,
Municipality of Bacnotan, Province of La Union, a Philanthropist
and Entrepreneur, and may be served with notices and other
processes of this Honorable Court through the undersigned counsel
with postal address herein below indicated;

2. PSSG. Niccolo G. Machiavelli (hereinafter referred

to as “Defendant”) is of legal age, Filipino, single, a Police Officer
and a resident of Barangay Say-oan, Municipality of Bacnotan,
Province of La Union where he may also be served with notices and
other processes of this Honorable Court.

3. Briefly, the facts of the case are as follows:

a) On 25 March 2023, at around six o’clock in the
morning, on her usual jogging spot along the
highway at Barangay Baroro, Bacnotan La
Union, the Plaintiff met the Defendant. The
Defendant offered a bottle of drinking water to
the Plaintiff;
b) With the offer of drinking water, the Defendant

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 started the small talks engagement which later
led to the invitation of breakfast by the Plaintiff;
c) During the said breakfast, the Defendant
proudly shared his personal information, which
includes, but not limited to, his name, age,
occupation, and even his personal address;
d) To the surprise of the Plaintiff, the herein
Defendant is fifteen (15) years younger than
her;
e) Because of the representation of the Defendant,
the Plaintiff allowed the Defendant to court her.
f) On 27 March 2023, the Plaintiff gave her sweet
answer agreeing to their terms as boyfriend and
girlfriend;
g) On 01 April 2023, the Defendant prepared and
proposed for marriage to the Plaintiff. To
strengthen his proposal, he was able to provide
the Plaintiff, a copy of his Certificate of No
Marriage attached herein and made integral as
Annex “A”;
h) Thereafter, preparation for the wedding
ensued. Attached herein and made integral part
as Annex “B-Series” are the receipts therefor
which includes:
• reservation and full payment of the
beachfront for the ceremony;
• full payment for all the decorations;
• full payment for the customized 60-
minute fireworks display;
• full payment through bank transfer for
the wedding gown of the Plaintiff;
• full payment through bank transfer
gowns for the bridesmaids;
• full payment for the wedding cake
including its delivery fee;
• full payment for the Plaintiff’s wedding
shoes;
• full payment of the wedding rings with
12 diamond studs each;
• full payment for the catering services;
• full payment for the wedding
invitation;
• payment for the personalized jewelry
souvenirs;
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i) On 05 April 2023, the Plaintiff and Defendant
sent out wedding invitations to their respective
guests attached herein and made integral as
Annex “C”;
j) Between 02 April 2023 to 09 April 2023, the
Plaintiff noticed of the Defendant’s activity,
being in constant phone conversations with an
unknown woman. The Plaintiff believed in good
faith to the reason of the Defendant,
representing the said woman as Defendant’s co-
officer, a policewoman, who was giving
Defendant updates about work;
k) On 07 April 2023, Jojo Gacayan, Plaintiff's
personal driver witnessed the Defendant and a
woman coming out of Golden Park Inn in
Bauang, La Union.
l) Jojo Gacayan informed that the Defendant and
the said woman showed an intimate
relationship to wit a reasonable person would
find it scandalous considering that the
Defendant is publicly known as engaged with
the Plaintiff. Attached hereto is the Affidavit of
the aforementioned witness as Annex “D”.
m) On 11 April 2023, Plaintiff received a phone call
from a certain Pat. Katrina Almirol-Nonesa,
informing Plaintiff that she is a co-officer of the
Defendant, and out of conscience, admitted
that the Defendant often brings a certain
woman named Nica Difuntorum during night-
outs and drinking sprees after duty. She alleged
that the Defendant and Nica are involved in an
intimate relationship. Attached hereto is the
Affidavit of the aforementioned witness as
Annex “E”.
n) The Plaintiff confronted the Defendant of his
infidelity. Rather than denying, Defendant
begged for a second chance.
o) Disheartened, Plaintiff decided to terminate the
wedding preparations and not to proceed with
marriage but Defendant strongly convinced
Plaintiff to continue therewith.
p) Plaintiff immediately paid for all unsettled
accounts because the Defendant will be on
training in Laguna for four (4) months after
their wedding on 11 June 2023.
q) By 11 April 2023, when the wedding details

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 were posted by Plaintiff’s Social Media
Manager, the occasion garnered the attention of
the general public and became highly
anticipated due to the expensive suppliers and
distinguished personalities invited;
r) On 12 April 2023, the Defendant decided to
walk out of the engagements. Defendant
informed the Plaintiff that he is no longer
interested and refused to enter marriage with
her, reasoning that he cannot live with a wife
who does not trust him;
s) On 12 April 2023, Jessica Lanuza went to the
residence of the Plaintiff and confessed to her
intimate relationship with the Defendant and to
their plans to still be in a relationship despite
the Defendant’s marriage to the Plaintiff. Ms.
Lanuza further claimed that they intended to
use the Plaintiff as leverage to extract money
from plaintiff afte the wedding. Ms. Lanuza said
that the Defendant was seeing Nica
Difuntorum, another woman, and that it was
the resentment she felt which motivated her to
come forward. Attached hereto is the Affidavit
of the aforementioned witness as Annex “F”;
t) On 13 April 2023, because of intricate and
personalized details specially made for the
wedding, the suppliers were precluded to make
necessary refunds to the Plaintiff. As such, the
Plaintiff demanded the Defendant to pay the
expenses incurred, but the Defendant
adamantly refused resulting in great damage
and prejudice to the Plaintiff.
u) On the same day, Plaintiff, in her desire to
amicably settle the matter, filed a complaint
with the Barangay Lupon for conciliation but no
settlement was reached since Defendant did not
appear during said meeting. A Certification to
File Action was issued by the Barangay Lupon
and the same is attached hereto as Annex “G”;
v) On April 14, 2023, the Plaintiff wrote a Demand
letter for the payment of expenses which were
settled in full during the wedding planning and
preparation. A copy of the Demand letter is
attached and marked as Annex “H” and made
an integral part of this Complaint.
w) To this point in time, the Defendant did not
accede to any demands made by the Plaintiff.
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 4. As such, the manifest bad faith on the part of the
Defendant would reveal that he is liable for the damages incurred by
the Plaintiff.

ARGUMENTS AND DISCUSSIONS

5. Defendant committed an act contrary to Article 21 of the

Civil Code, intending to and resulting in damages to the Plaintiff.

6. Article 21 of the Civil Code provides:

ART. 21. Any person who willfully causes loss or

injury to another in a manner that is contrary to morals,
good customs or public policy shall compensate the latter
for the damage.

7. This provision of law deals with injuries that may be

caused by acts which are not necessarily proscribed by law. This
article requires that the act be willful, that is, that there was an
intention to do the act and a desire to achieve the outcome.

8. In Carpio v. Valmonte, which was re-echoed in the 2013

1

case of California Clothing Inc., v. Quiñones, the Supreme Court

2

said:

In the sphere of our law on human relations,

the victim of a wrongful act or omission,
whether done willfully or negligently, is not
left without any remedy or recourse to obtain
relief for the damage or injury he
sustained. Incorporated into our civil law are not
only principles of equity but also universal moral
precepts which are designed to indicate certain
norms that spring from the fountain of good
conscience and which are meant to serve as guides
for human conduct. (Emphasis supplied)

9. In Wassmer v. Velez, The Supreme Court stated:

Mere breach of promise to marry is not an
actionable wrong. But to formally set a
wedding and go through all the above-
described preparation and publicity, only
to walk out of it when the matrimony is
about to be solemnized, is quite different. This
is palpably and unjustifiably contrary to

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 good customs for which Defendant must be held
answerable in damages in accordance with Article
21 of the Civil Code. (Emphasis supplied)

1 G.R. No. 151866, 09 September 2004.

2 G.R. No. 175822, 23 October 2013.
3 G.R. No. L-20089, 26 December 1964.

10. In fine, Defendant insisted to continue with the wedding,

which the Plaintiff has already decided to terminate due to the
former’s infidelity.

11. By reason of Defendant’s persistence, notwithstanding

the cheating allegations, Plaintiff was led to cause payment for all
their wedding expenses. While the Plaintiff was busy with the
wedding preparations, the Defendant continually performed acts of
infidelity to the prejudice of the Plaintiff and in a manner which is
contrary to morals and good customs.

12. Subsequently, the defendant’s refusal to proceed with

the marriage, despite the settlement of all accounts with suppliers,
was willfully done to cause injury or damage to the Plaintiff.

13. Also, the defendant’s sudden change of mind despite the

publicity of the wedding was obviously stained with bad faith; done
to intentionally malign, shame and tarnish the reputation of the
Plaintiff as a Billionaire-Philanthropist.

14. The plaintiff is entitled to an award of moral and actual

damages in accordance to Articles 2219 and 2199 for violating Article
21 of the Civil Code:

a. Moral damages may be awarded whenever the

defendant’s wrongful act or omission is the proximate
cause of the plaintiff’s physical suffering, mental
anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social
humiliation, and similar injury in the cases specified or
analogous to those provided in Article 2219 of the Civil
Code. By express provision of Article 2219 (10) of the
Civil Code, moral damages are recoverable in the cases
mentioned in Article 21 of said Code;

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 b. And, Article 2199 provides:

Art. 2199. – Except as provided by law or by

stipulation, one is entitled to an adequate compensation
only for such pecuniary loss suffered by him as he has duly
proved. Such compensation is referred to as actual or
compensatory damages.

15. In this case, considering the social status of the Plaintiff,

the canceled wedding greatly tarnished her reputation as a
respectable Billionaire - Philanthropist. Plaintiff suffered serious
humiliation which caused her anxiety and depression. Evidently,
these are grounds for an award of moral damages under the Civil
Code.

16. Further, because the nature of the expenses incurred

was non-refundable, Defendant’s refusal to proceed with marriage
caused the Plaintiff to suffer monetary losses. Thus, the Plaintiff is
also entitled to actual damages under Article 2199 of the Civil Code.

17. In sum, Article 21 of the Civil Code provides a legal

bedrock for the award of damages to a party who suffers damage
whenever one commits an act in violation of some legal provision, or
an act, which though not constituting a transgression of
positive law, nevertheless violates certain rudimentary
rights of the party aggrieved. 4

4 Carpio v. Valmonte, supra.

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 WHEREFORE, premises considered, it is respectfully
prayed of the Honorable Court that:

1. The instant Complaint be given due course; and

2. After notice and trial, defendant Pssg. Machiavelli be hereby

ordered to pay the plaintiff:

a. Moral damages in the reasonable amount of One Million

Pesos (P1,000,000.00);
b. Actual damages in the amount of Five Hundred Million
Pesos (P500,000,000.00) with details as follows:
Beachfront Reservation P150,000,000.00
Decorations 90,000,000.00
Fireworks 12,000,000.00
Wedding Gown 15,000,000.00
Bridesmaids’ gowns 7,000,000.00
Wedding Cake 3,200,000.00
Wedding Shoes 2,000,000.00
Wedding Rings 100,000,000.00
Catering Services 95,900,000.00
Wedding Souvenirs 22,400,000.00
Wedding Invitations 2,500,000.00
TOTAL 500,000,000.00

Plaintiff prays for other reliefs and remedies just and

equitable in the premise.

San Fernando City, La Union, 22 April 2023

Lady Edem R. Pascua

Attorney-at-Law
Roll No. 63523-May 07, 2011
IBP Lifetime No. 0123456/
01.06.2012
MCLE No. IV-0025415/ 06.19.2021

Page 8 of 10
REPUBLIC OF THE PHILIPPINES)
BACNOTAN, LA UNION) S.S
x------------------------------------------------------x

VERIFICATION/CERTIFICATION

OF NON-FORUM SHOPPING

I, Jacqueline B. Derridda, of legal age, Filipino, after having been

sworn, in accordance with law, hereby depose and state that:

1. I am the Plaintiff in the above-captioned case;

2. I have caused the preparation of the foregoing complaint;

3. I have read and understood the allegations therein contained
and the same are true and correct of my own personal
knowledge and based on authentic records;
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 the evidentiary
support after a reasonable opportunity for discovery; and
6. I have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or
any other tribunals or agency; to the best of our best knowledge
and belief, no such action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or
other tribunal or agency; that we should thereafter learn that a
similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or other tribunal or
agency, we undertake to report that fact within five (5) days
therefrom to this Honorable Court.

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IN WITNESS WHEREOF, I have hereunto set my hand this 22 April, 2023 in
the Municipality of Bacnotan, La Union Philippines.

JACQUELINE B. DERRIDA
Affiant
Passport ID: POOOOOOOOA

Bacnotan, La Union

SUBSCRIBED and SWORN TO before me this 22nd day of April

2023 in the Municipality of Bacnotan, La Union Philippines, after showing
to me her competent evidence of identity indicated below her name.

I HEREBY CERTIFY that I personally examined the affiant and I

am satisfied that he voluntarily executed and understood his declaration on
the place and date above written.

Juan P. Emmortal
Notary Public
Roll No. 63523-June 12, 1988
IBP Lifetime No. 0154326/
03.04.2000
MCLE No. I-0000123654

Doc No. 29;

Page No. 21;

Book No. 45;

Series of 2023.

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