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Quiz 3/Activity

This is a sample complaint. Open notes.

Republic of the Philippines


REGIONAL TRIAL COURT
Branch xx, Baguio City

COLLIE ASTORI, represented by


MARITA ASTORI,
Plaintiff,

- versus - Civil Case No. ________


For: Breach of Contract and
CALAMARI STUDIOS, INC., Damages
represented by its President
Eugenio Rasote,
Defendant,
x-----------------------------------------------x

COMPLAINT

1. ______

2. ______

3. Collie Astori, as a minor, was represented by her mother, Marita


Astori, in entering into a contract with the defendant. The
contract provides that Collie will serve as an actress/ a child star
for several shows of Calamari Studios for a period of one year.

4. The contract provides that Collie is entitled to receive a monthly


minimum compensation of Php 800,000.00, subject to incentives
resulting in the rating of the shows where Collie is featured.

5. After two months, Collie complained of being overworked as she


was also required by Calamari to act for commercials and other
shows that are not deemed part of the contract. Moreover, she
was only paid P300,000.00 after two months.

6. ________
7. _________

8. Collie thus claims Php 1,300,000.00 which she is entitled under the
contract. She also claims the amount of Php 2,000,000.00 in moral
damages and Php150,000.00 as attorney’s fees.

PRAYER

___________

__________

__________, Makati City, Philippines.

____________________
Counsel of Plaintiff
____________
____________
____________
____________
_____________

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, ____________________________ of legal age, married/single and a resident of


_______________________ after having been duly sworn to in accordance with law
hereby depose and say:

That I am the complainant in the above-entitled administrative case, and I have caused the
preparation of the foregoing formal charge and affidavit; I have read and understood its
content and the same are true and correct of my own personal knowledge and based on
authentic records;

That I have not commenced any other case/action or proceedings involving the same issues
before this office, the different People’s Law Enforcement Board of other
Cities/Municipalities, the NAPOLCOM or other PNP administrative and disciplinary
authority/machinery, and that to the best of my knowledge no such action or other
Cities/Municipalities, the NAPOLCOM or the PNP administrative and disciplinary
authority/machinery;
That if I should thereafter that a similar action or proceedings has been filed or is pending
before this office, the different People’s Law Enforcement Board of other
Cities/Municipalities, the NAPOLCOM or other PNP administrative/disciplinary
authority/machinery I undertake to promptly inform the said offices/agencies of that fact
within five (5) days therefrom.

IN WITNESS WHEREOF I have hereunto affix my signature in this document this ____
day of ______________, _____, here at Quezon City, Metro Manila, Philippines.

SUBSCRIBED AND SWORN to before me this ______ day of ____________, ______ at


Quezon City, Metro Manila. The affiant exhibited to me his/her competent proof of
identification _____________________________. NOTARY PUBLIC

Signatory

Notary public

Questions

1. What should Item 1 and 2 contain? 2 points

Item 1 should contain the body of the complaint where the plaintiff and the
defendant are introduced while item 2 should contain the part of the body
of the complaint where the allegations are stated.

2. For Items 6 and 7, give 2 possible discussion or contents. 5 points

Items 6 and 7 should contain the discussion of the cause of action of the
plaintiff, in this case the cause of action maybe unfair labor practices, or
recovery of sum of money and damages.

3. Compose a prayer for relief based on the provided facts. 5 points.

Plaintiff respectfully prays for the Court to find the defendant liable for unfair
labor practice and order to the compensation of the plaintiff for the wages
due to her and the payment of damages.

4. Give 2 undertakings inherent in the signature of a counsel. 2 points.

“Subscribed and sworn to me this day of”


5. Assume that the plaintiff’s counsel is a private counsel, give 3
information or details that must appear below her name in the
signatory box. 3 points

a.) PTR Number


b.) Roll Number
c.) MCL-Compliance number

6. Complete the verification. 1 point


7. Complete the certification against forum shopping. 2 points

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