Republic of the Philippines REGIONAL TRIAL COURT First Judicial Region Branch __ San Fernando City, La Union JACQUELINE B, DERRIDDA, Plaintiff CIVIL CASE NO. ~versus- For: Damages NICCOLO G. MACHIAVELLI, Defendant. Xeon COMPLAINT Plaintiff, JACQUELINE B. DERRIDDA, through the undersigned counsel unto this Honorable Court, hereby respectfully avers that: 1. Plaintiff is a Filipino citizen, of legal age, single, and residing at Brgy. Baroro, Bacnotan, La Union, where she may be served with summons, papers and other processes of this Honorable Court; 2. Defendant is a Filipino citizen, of legal age, single, and residing at Brgy. Say-oan, Bacnotan, La Union, where he may be served summons, papers and other processes of this Honorable Court; 3. The plaintiff met defendant last March 25, 2023 while she was jogging along the highway at Brgy. Baroro, Bacnotan, La Union; 4. The defendant offered plaintiff water and they started talking about working out and dieting; wo . The defendant engaged plaintiff in conversation; a . On the same day, the plaintiff and defendant had breakfast together where they had more conversations and started getting to know each other. This was personally witnessed by barangay Page 1of 9chairman Randy P. Macabitas. A copy of his affidavit of witness is attached herewith as “Annex A"; 7. After their first meeting, the plaintiff and defendant met again a couple of times; 8. Shortly after, the plaintiff and defendant finally decided to be in a romantic relationship; 9. Just one (1) week into their relationship, the defendant proposed and asked for plaintiff's hand in marriage; 10. When the plaintiff consented to finally be wed with the defendant, they started to plan the wedding right away; a. The plaintiff and defendant already started complying with the requirements for their wedding by securing a Certificate of No Marriage Record (CENOMAR). A copy of plaintiff's and defendant's CENOMAR are attached herewith as “Annex B" and “Annex B-1", respectively; 12. The plaintiff and defendant also attended seminars necessary for their wedding and were able to secure a marriage license. Attached herewith is a copy of their marriage license marked as “Annex C"; 13. Since the preparation left the parties constraint with time, the defendant then contacted Collin Cowie, the most expensive and most coveted wedding planner in the world, on April 5, 2023, to assist them; 14. The contract with Collin Cowie was for him to spearhead the entire wedding preparation. He was instructed by defendant to choose the best options regardless of the price. His contract was for One Million Pesos (Php 1,000,000.00) for his services. This was paid in advance by plaintiff. A copy of the contract of services Page 2 of 9is attached herewith as “Annex D" and a copy of the deposit slip as payment for his services as "Annex D-1"; 15. Among the options presented by their wedding planner, the plaintiff and defendant chose Amanpulo Island Resort as the venue for their wedding. On April 11, 2023, a reservation for the beachfront as well as the hotel rooms for the couple, their respective families and guests (estimated to be 500 pax) has been made; 16. The cost of the hotel rooms, ceremony and reception venue, and decorations amounted to One Hundred Twenty Million Pesos (Php 120,000,000.00). This was paid in advance by plaintiff. A copy of the deposit slip made as payment is attached herewith as “Annex E"; 17. On April 12, the plaintiff and defendant also contacted Vera Wang, a luxury gown designer, for a personalized bridal gown and bridesmaids’ wedding gowns. The cost of all the gowns amounted to Twenty-Two Million Pesos (Php 22, 000,000.00). This was also paid upfront by plaintiff. Attached herewith is the deposit slip made as payment for the gowns marked as “Annex FY 18. On the same day, plaintiff and defendant also ordered a custom-made wedding cake from Buddy Valastro, a well-known, baker and cake designer, amounting to Seven Hundred Fifty Thousand Pesos (Php 750,000.00) inclusive of delivery fee which was also paid in advance by plaintiff. A copy of the deposit slip is herein attached as “Annex G"; 195 Wedding shoes from Manolo Blahnik, a high-end shoe designer, have also been ordered and paid for by plaintiff amounting to Eleven Thousand Nine Hundred Thirty-One Dollars ($ 11, 931.00) or equivalent to Six Hundred Fifty Thousand (Php. 650, 000.00) Philippine Currency based on prevailing exchange rate on the date of purchase. A copy of the receipt is herein attached as “Annex H”; Page 3 of 920. Throughout the preparation, the wedding was announced publicly and wedding invitations have already been made and printed and were ready for distribution. The cost of the wedding invitations totaled to One Hundred Thousand Pesos (Php 100,000.00), which was also paid by plaintiff. Attached herewith is a copy of the receipt marked as “Annex I"; 21. The plaintiff and defendant also entered into a catering agreement with a supplier. The catering services amounting to Five Million Five Hundred Thousand Pesos (Php 5,500,000.00) has been paid in advance by plaintiff. A copy of the catering agreement is herewith attached as “Annex J" as well as the receipt as proof of payment as “Annex J-1"; 22. The plaintiff and defendant also purchased wedding rings from Tiffany & Co. with 12 diamond studs each with total amount of Six Million Three Hundred Fifty-Five Thousand Six Hundred Sixty-Two Dollars and Ninety Cents ($ 6, 355,662.90) or equivalent to Three Hundred Fifty Million Pesos (Php 350, 000,000.00) Philippine Currency based on prevailing exchange rate on the date of purchase. This was paid in advance by plaintiff. Attached herewith is a copy of the receipt as proof of payment marked as “Annex Kk"; 23. Under the assurances of herein defendant, the plaintiff agreed to cover all the expenses necessary for their supposed wedding. The foregoing preparations and transactions were personally witnessed by plaintiffs best friend, Josefa Escoyda- Cruz. Attached herewith is a copy of here affidavit of witness as “Annex L"; 24, While all the wedding preparations are taking place, the plaintiff noticed that defendant was always talking to someone on his phone and plaintiff always hear the same voice of a woman; 25. Plaintiff and defendant had an argument and when confronted, the defendant admitted that he was seeing someone else. This was witnessed by one of defendant's officemate. Poge 4 of 9Attached herewith is the affidavit of witness of SPO1 Rosella G. Nones as “Annex M”; 26. After said argument, the plaintiff still hears the defendant talking to the same woman privately, especially when the defendant knows that plaintiff is busy; 27. When all the preparations were almost done and after plaintiff had spent Five Hundred Million Pesos (Php 500,000,000.00) for all the things necessary for their supposed wedding, defendant said that he does not want to marry plaintiff anymore; 28. On April 14, 2023, the plaintiff sent a demand letter to herein defendant asking the latter for the reimbursement for all the actual costs but to no avail. A copy of the demand letter is herein attached as “Annex N"; 29. Plaintiff relied upon the faith of defendant's promise to marry and that plaintiff would not have agreed to spend any amount were it not for defendant's representation to fulfill that promise; 30. The act of defendant of refusing to fulfill his promise to marry was willful and injurious to plaintiff's honor and reputation resulting to social humiliation, mental anguish, serious anxiety, besmirched reputation, wounded feelings and moral shock on the part of plaintiff and her family; 31. The act of defendant was the proximate cause of plaintiff's injury and that such injury was committed in a manner contrary to morals, good customs, or public policy; 32. The act of defendant was palpably and unjustifiably contrary to good customs for which defendant must be held answerable for damages in accordance with Article 21 of the New Civil Code; 33, Article 21 of the New Civil Code provides that “any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall Page 5 of 9compensate the latter for the damage”. Accordingly, acts which are not contrary to law, cannot be perpetrated with impunity and may still give rise to a cause of action if it is in contravention of Article 21 of the code; 34, Corollary, Article 2219 (10) of the Code provides that “moral damages may be recovered in acts and actions referred to in Article 21"; 35. Thus, it is improper for defendant to call off their supposed wedding after all the preparations were set, invitations were sent, and all services were paid without compensating the plaintiff for the damages paid and suffered; 36. Aggrieved, the plaintiff filed this action before this Honorable Court. PRAYER WHEREFORE, it is most respectfully prayed of this Honorable Court that after due hearing, judgment be rendered in favor of plaintiff and against defendant in this manner: 1. Order the defendant to pay plaintiff the amount of Five Hundred Million Pesos (Php 500,000,000.00) as actual/ compensatory damages representing the following payments made in consideration of the promised marriage: a. One Million Pesos (Php 1,000,000.00) for payment made to the wedding planner, b. One Hundred Twenty Million Pesos (Php 120,000,000.00) as full payment of the Amanpulo Island Resort reservation, c. Twenty-Two Million Pesos (Php 22, 000,000.00) as payment for the personalized bridal and entourage gowns, d. Seven Hundred Fifty Thousand Pesos (Php 750,000.00) as payment for the custom-made wedding cake, e. Six Hundred Fifty Thousand Pesos (Php 650, 000.00) as payment for the wedding shoes, Page 6 of 9f. to One Hundred Thousand Pesos (Php 100,000.00) as payment for the wedding invitations, g. Five Million Five Hundred Thousand Pesos (Php 5,500,000.00) representing the full payment for the catering services, and |. Three Hundred Fifty Million Pesos (Php 350, 000,000.00) as full payment for the diamond wedding rings; > 2. Order the defendant to pay plaintiff moral damages amounting to Five Hundred Thousand Pesos (Php 500,000.00) for besmirched reputation, mental anguish, moral shock, wounded feelings, sleepless nights, social humiliation and serious anxiety brought about by the cancellation of the wedding; and w . Order the defendant to pay the cost of this suit and attorney's fees of Fifty Thousand Pesos (Php 50,000.00). Plaintiff likewise prays for such other and further relief or remedies as this Honorable Court may deem just and equitable in the premises. San Fernando City, La Union, Philippines, April 25, 2023. THE LEGAL PHOENIX LAW OFFICE Counsel for the plaintiff Room 202, 24 Floor, Tan Building San Fernando City, La Union Email address: thelegalphoenixlawoffice@gmail.com Roll of pftorneys No. 12345; 03/09/2022 P No. 123456; 01/03/2023 R No, SFC1234567; 01/03/2023 La Union Chapter MCLE Compliance No. VII-0012345 Valid until April 14, 2025 Page 7 of 9VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, JACQUELINE B. DERRIDA, of legal age, single, Filipino citizen, and residing at Brgy. Baroro, Bacnotan, La Union after first having duly sworn to in accordance with law depose and say: 1. 2 lam the plaintiff in the above-mentioned case; I have caused the preparation of the foregoing complaint by supplying all the facts of the case as alleged in the complaint; . Ihave read and understood the contents thereof and attest that the same are true and correct to the best of my personal knowledge and based on authentic documents in my possession; . Pursuant to the Amended Rules on Civil Procedure, I hereby certify under oath that I have not filed any other case in the Supreme Court or Court of Appeals or in any of its Divisions, Regional Trial Courts, Metropolitan and Municipal Trial Courts, and any other quasi-judicial or administrative bodies, tribunal or agencies any similar case involving the same issues; neither am I aware of any similar case pending before the aforesaid courts, administrative bodies, tribunals or agencies involving the same issues raised in the said complaint; . Furthermore, I hereby certify that in case I learned or become aware of any case involving the same issues as the instant case pending in any court, administrative bodies, tribunals or agencies, I undertake to inform the Honorable Court of the pendency of the said case within a period of five (5) days from the knowledge thereof; . That the foregoing complaint is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation and that the factual allegations on the foregoing complaint have evidentiary support or if specially so Page 8 of 9identified, will likewise have evidentiary support after a reasonable opportunity for discovery. IN WITNESS WHEREOF, I have hereunto affixed my signature this 25" day of April 2023 at San Fernando City, La Union, Philippines. JAC! INE B. DERRIDA Affiant SUBSCRIBED AND SWORN to before me this 25"" day of April 2023 at San Fernando City, La Union, Philippines. I hereby certify that I have personally examined the herein affiant under oath and that I am fully satisfied that she voluntarily executed and fully understood the content of her foregoing statement. octtyindh ATTY. santce b. FLORENDO Notary Public Attorney's Roll No. 56789; 07/09/2020 PTR No. SFC1020304; 01/03/2023, IBP No. 456789; 01/03/2023 La Union Chapter MCLE Compliance No. VII-0023456 Valid until April 14, 2023 Doc No. Jf Page No. Book No. Series of 2023 Page 9 of 9wc Annes 4 ” REPUBLIC OF THE PHILIPPINES ) SAN FERNANDO, LA UNION ) s.s. x x AFFIDAVIT OF WITNESS. |, Randy P. Macabitas, 57 years of age, widower, a resident and the Barangay Captain of Barangay Baroro, Bacnotan, La Union, after having been duly sworn to in accordance with law, depose and state: 1. That | personally witnessed defendant Niccolo G. Machiavelli and plaintiff Jacqueline B. Derridda jogging along the national highway at Barangay Baroro, Bacnotan, La Union and passed by in front of our house last March 25, 2023 at around six o'clock in the morning; 2. That! saw plaintiff and defendant having breakfast in a nearby eatery on the same day at around seven o'clock in the morning where they seem to be getting along well and are intimate with each other; 3. That | was present and personally witnessed the marriage proposal made by the defendant on April 1, 2023 in the covered court of Barangay Baroro, Bacnotan, La Union; 4. That on said wedding proposal, the defendant expressed his love and desire to marry the plaintiff; 5. That when defendant asked for plaintiff's hand in marriage, the latter said “yes”; 6. That this affidavit serves to attest to the veracity of the aforementioned facts and to support the filing of a civil action against Mr. Niccolo G. Machiavelli for violation of Article 21 of the Civil Code. IN WITNESS WHEREOF, | have hereunto affixed my signature this 24" day of April 2023 at Brgy. Baroro, Bacnotan, La Union, Philippines.SUBSCRIBED AND SWORN before me on April 24, 2023, in Bacnotan, La Union, Philippines. | HEREBY CERTIFY that | have personally examined the affiants and am satisfied that they willingly executed and understood the affidavits they have provided. Attorney's Roll No. 76915; 07/09/2020 PTR No. SFC3121454; 01/03/2023 IBP No. 972468; 01/03/2023 La Union Chapter MCLE Compliance No. VII-0032487 Valid until April 14, 2025 Doc No._J0 Page No. Book No.2 Series of 2023,SIGERSKorm No. 4 (CENOMAR) N Anney B ‘ Republic of the Philippines PHILIPPINE STATISTICS AUTHORITY Manila OFFICE OF THE CIVIL REGISTRAR GENERAL April 3, 2023 TO WHOM IT MAY CONCERN We certify that JACQUELINE BAUTISTA DERRIDDA who is alleged to have been. born on January 21, 1978 in Bacnotan, La Union to DINO BADUA DERRIDDA JR and DINA SANTOS BAUTISTA does not appear in our National Indices of Marriage. This certification is based on the records of 1945-2023 marriages enrolled in the database as of April 3, 2023. Issued upon the request of JACQUELINE BAUTISTA DERRIDDA for Marriage License. sutton, Ph.D National Statistician and Civil Registrar General Philippine Statistics Authoniy Documentary Stamp Tax Paid Note: This certification is not valid if it contains erasures or alterations) Annex 6-1 Republic of the Philippines PHILIPPINE STATISTICS AUTHORITY Manila OFFICE OF THE CIVIL REGISTRAR GENERAL April 3, 2023 TO WHOM IT MAY CONCERN We certify that NICCOLO GANADEN MACHIAVELLI who is alleged to have been born on May, 24, 1992 in Bacnotan, La Union to MAR TILYO MACHIAVELLI and KATALINA PUY-OK GANADEN does not appear in our National Indices of Marriage. This certification is based on the records of 1945-2023 marriages enrolled in the database as of April 3, 2023. Issued upon the request of NICCOLO GANADEN MACHIAVELLI for Marriage License. sow AoA aro, Ph.D National Statistician and Civil Registrar General Philippine Statistics Authorty Documentary Stamp Tax Paid Note: This certification is not valid if it contains erasures or alterationsTST FT IOFOTO TT {Revised January 2007) Tobe Republic ofthe Philippines OFFICE OF THE CIVIL REGISTRAR GENERAL APPLICATION FOR MARRIAGE LICENSE ecard Guacrplate sing BG FR) “Anney Province, La Union City’Municipatty__Bacnotan Registry No. 2023-69 Gaby sworn, I hereby depose and say ‘fy knowledge and information. May apply fora license to contract marriage with JACQUELINE B, DERRIDDA and 10 this effect being ‘qualifications and none ofthe legal disqualifications to contact the said ‘marriage, and thatthe following data are true and correct tothe best Received by: ‘Marriage License No, Date of Receipt: Date of Issuance of Marriage License: ‘GROOM BRIDE [The Civ Registrar The CMiTRegistrar Siv/Madam: Sie/Madam: May I apply fora license to contract marriage with NICCOLO G. MACHIAVELLI and «o this effec, ‘that I have all the necessary | being duly sworn I hereby depose and say that I have all the and correct tothe best necessary qualifications and none of the legal disquaifcatons to contract the said marviage, and thatthe following data aretrue of my knowledge and information (Signature OVE" irae oP z — (Fra... NICCOLO, vnowa [rn JACQUELINE (sae) GANADEN were liugen, BAUTISTA (Lan... MACHIAVELLL (at... DERRIDA. . Tr ar ea aT ZDaeaBin | O-7 or) ‘ean = m4 ‘May 1992 30 ro u January 1978 45 SRST remme = TEER. —— oT ma Bacnotan, La Union, Philippines SPaceasien | Bacnotan, La Union, Philippines Sia 3a TRESS ea Male Filipino Chizenship_ | Female Filipino ST CT a CT, RT Say-enn, Bacnotan, La Unton, Philippines 5. Residence Baroro, Bacnotan, La Union, Philippines e Raigon) Roman Catholic Relgoue Set Roman Catholic 7. Cua Sue Single "Tanaiee Hom wa was it issolvedt_ wa aera 7 com CS Fa 9. Place where wa ddssohed oe or amy eH 6b when | OF Weer a wa disohed wa TDegee none teiaeaip ot mone Tar zm 7 TE Namo er aca TT Mar Tyo chiaveli Father Dino “Badua_—_—_—Derrida, Jr. Filipino cee Filipino, iene gy Snap Pc ry a iam Rap Op Pc Sa Say-oan, Bacnotan, La Union, Philippines a Baroro, Bacnotan, La Union, Philippines a Ti Tar TENE ar aT car Katalina —Puy-ok ——-Ganaden of Maher Dina Santos Bautista Filipino coe Filipino FT ey TS aa RT A FT CAT Say-oan, Bacnotan, La Union, Philippines cee | Baroro, Bacnotan, La Union, Philippines wa Sd nin ae 78 Reatonsio a a 2 cena as FTE a ET SPR TT 21. Resience na nia {SUBSCRIBED AND SWORN to before me thie ySUBSCRIBED AND SWORN {0 before me ths Day of April 2023... at [Exempt from * Day of April 2023... at paeen abe Phitpines, aft who Bacnotan, La Union ” Phuppias, ata! wh exhibted 19 mo his Community Tax Cot. .OU2O6TA1. sued Secumeny| gutta to me he Communty Tax Car, 00206742, iaued ABEL 2088 seams | ghee Apel’ 2mn3 at enotan, La Union at... Bacnotan, La Linton cuwh (; COLIN COWIE oe 2) LIFESTYLE WEDDING PLANNER CONTRACT PARTIES This Wedding Planner Contract (hereinafter referred to as the “Contract”) is entered into on April 5, 2023, by and between JACQUELINE DERRIDA, with an address of Bacnotan, La Union (hereinafter referred to as the “Client”) and COLIN COWIE, with an address of (hereinafter referred to as the “Planner”) (collectively referred to as the “Parties”), WEDDING DETAILS Date: May 1, 2023 Time: 2:00pm Ceremony & Reception Location: AMANPULO LUXURY RESORT PLANNER DUTIES PAYMENTS 4 ‘The Client hereby engages the Planner to perform the following duties relevant to the Wedding: * Conducting initial consultations with clients to discuss the wedding packages available, the type of wedding desired, and their wedding budget. * Conferring with clients to discuss wedding details, including venue options as well as entertainment, catering, and decoration preferences. * Scheduling meetings with clients to tour suitable wedding venues and meet with vendors, such as florists, photographers, caterers, bakers, and invitation designers. * Negotiating contracts with selected vendors and making payments as required. © Ensuring that wedding and rehearsal dinner invitations, as well as wedding programs and place cards, are printed on time. Arranging for necessary wedding supplies and equipment to be transported to the wedding venue in a timely manner. + Ensuring that clients' wedding gifts and personal property are packed away and secured in an assigned vehicle or storage room. © Monitoring all wedding-day activities to ensure that everything runs smoothly. The Planner is required to obtain written consent from the Client prior to entering into any contractual agreements or prior to issuing deposits or invoices. The Client hereby agrees to pay the Planner for the amo PESOS (PHP 1,000,000.00) for the services performed en Ae< , A: CANCELLATION POLICY Ne A} \ The Client is entitled to cancel this Contract at any time. > » ‘ © The Client is entitled to a full refund in case he/she cancels ten (10) days before the ZL: beginning of the event. = In case the Client cancels less than ten (10) days before the beginning of the event, he/she will not be provided a refund. ‘The Planner is entitled to cancel this Contract at any time, ~ In case of cancellation by the Planner, he/she is required to provide a replacement planner that the Client agrees upon as well. In this case, the Client will be required to refund any money previously provided by the Client as a budget for the event. = Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Contract or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in case such is not related to the direct result of one of the party's negligence or breach. - The Planner assures, however, to do his/her best in finding suitable and top suppliers and/or service providers but will not be responsible for their performance and/or product. ~The Planner’s availability is not guaranteed for any other date other than the one mentioned above in this Contract. ALTERNATIVE DISPUTE RESOLUTION = Any dispute or difference whatsoever arising out of or in connection with this Contract shall be submitted to a competent court of jurisdiction in accordance with, and subject to the laws of Republic Act No. 386 (Civil Code of the Philippines). LEGAL FE! - Incase of a dispute that results in legal action, the successful party is the one who will be entitled to the legal fees such as the attorney's fees or other. SEVERABILITY In an event where any provision of this Contract is found to be void and unenforceable by court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention. GOVERNING LAW, = This Contract shall be governed by and construed in accordance with the laws of Republic Act No. 386 (Civil Code of the Philippines). ENTIRE CONTRACT a aa . - This Contract contains the entire agreement and unde a . K hereto with respect to the subject matter hereof, and supersctles>, satire whatsoever with respect to the subject matter hereof. The express terms hereof SY \,copttokand supersede any course of performance and/or usage of the trade inconsistent » {ib \\4with any of the terms hereof. Ne Fo «SIGNATURE AND DATE a” * ~The Parties hereby agree to the terms and conditions set forth in this Contract and such, is demonstrated throughout their signatures below: CLIENT PLANNER Name: JACQUELINE B. DERIDDA Name: COI WIE Signature: ded Signature: mre Date: ApNLS/ 2023 Date: April's4023" Aanex D-[” Metrobank DEPOSIT SLIP“ Aney £ ’ ete MasesiRSneY Arne Pe" DEPOSIT SLIP“Annee a’ bank DEPOSIT SLIP“Apney 4" MANOLO BLAHNIK INTERNATIONAL IT. on Pi 30 Welbeck St., London W16 SER, UK OR NO. 00143 DATE: APRIL, 2023 PARTICULAR AMOUNT “Stiletto. «$11,931.00 Received from JAQUELINE B. DERRIDDA the amount of Eleven thousand nine hundred thirty one dollars only ($ 11,931.00) as full payment for the wed- ding shoes (Manolo Bhahnik Hangisi 100 - Biege Satin ~ TOTAL SALES $11,931.00 diamond jewel pumps) Check No. Form of Payment Bark ‘Accreditation No: 1346 Cash Y Check Gshwn “Anney f fer INK SCRIBBLER Diliman, Quezon City, Philippines VAT Reg. TIN 928-034- OFFICIAL RECEIPT NO: 888 Date: April 5, 2023 Received from JAQUELINE B, DERRIDDA with TIN 925-034-143 and address at Baro- ro, Bacnotan, La Union the amount of ONE HUNDRED THOUSAND PESOS ONLY (P 100,000.00) as full payment for 500 pcs wedding invitation.NV Pnney J y MAKATI CITY, PHILIPPINES VAT-Registration 928-003-031 CATERING AGREEMENT ‘This CATERING AGREEMENT is entered into this 5® day of April 2023 by and between Mr. Niccolo G. ‘Machiavelli and Ms. Jacqueline B. Derridda hereinafter referred to as the “CLIENT” and My Cuisine Catering, hereinafter referred to as the “CATERER”, ‘WHEREAS the CLIENT will have an event/function described as follows: Event/Function Name: Wedding Location: Amanpulo, Palawan Date: May 1, 2023, Guest Count: 500 pax WHEREAS, the CATERER is a duly and registered licensed catering company. WHEREAS, the CATERER agrees to provide catering service for CLIENT'S above stated event/function. NOW THEREFORE both parties bind themselves and agree as follows: 1. PAYMENT: Full payment of the estimated contract cost of Five Million Five Hundred Thousand Pesos (Php 5,500,000.00) is due and demandable at the time of booking. Payment terms are available upon request All deposits are non-refundable. 2. MENU: ‘Menu Selections are due and demandable on or before the Friday, at least ten (10) days prior to the event date, by 12:00 noon, Late menu submissions are subject to product availability and/or upcharge. Changes to a menu made less than ten (10) days prior to the event date, are subject, toa fee based on the discretion of CATERER. 3. COST: Due to the fluctuating cost of food items, menu prices are subject to change within fifteen (15) days of the event. When a drastic change in the menu ingredient cost occurs, CLIENT will be informed by the same fifteen (15) days and has two options: 4.1. CLIENT will pay the additional cost based on the current adjusted price, or 4.2, Substitute other menu items to maintain the agreed upon cost per person/item, 4, PAYMENT METHOD: We accept cash, check, and all major debit/credit cards. Regardless of payment method, a valid debit/credit card is required to be on file from time of booking. 5.1 Check payments are due on or before the Friday, at least seven (7) days, prior to the event date. If CATERER does not receive the check by the specified time, the debit/credit card on file will be charged the remaining balance due.10. 2. 3. 5.2 Cash payment discount available upon request and by discretion of CATERER. SERVICE CHARGE: There will be an eighteen percent (18%) Service Charge for all events/functions, unless otherwise specified. This service charge is an operating cost to cover insurance, advertising, admin staff, trucks maintenance, fuel to get to events, and other general operating costs. This service charge is NOT gratuity for event/function staff. EVENT STAFF GRATUITY: Event staff gratuity is NOT included in CLIENT'S event/function invoice. At the CLIENT's discretion, gratuity for Divine Catering staff working event/function is appreciated and can be given directly to event service staff at the close of event/function. You may also contact CATERER before or after event to arrange payment of gratuity in another form. GUEST COUNT: Final Guest Count, not subject to reduction, is due the Friday at least seven (7) days, prior to the event date, by 12:00 noon. Any additional Guest after the stated period is subject to extra charges as may be imposed by the CATERER. 8.1 Guest count, from time of booking to guest count due date (see section 8), is only subject to a twenty-five percent (25%) reduction rate. Regardless of headcount reduction beyond this point, CLIENT is responsible for the difference. CLIENT will only be charged for the guaranteed number of guests served. If there are a significant number of attendees over the guaranteed guest count, the CATERER will charge the CLIENT accordingly and by the discretion of the CATERER. CATERER is not responsible for an insufficient food quantity if there are attendees over the guaranteed guest count. CHILDREN: Children under the age of five (5) are free of charge, unless CLIENT wishes to provide service/seating for them. Children six and up (6 and up) are charged regular price. Please advise CATERER of significant number of children under the age of five (5) in attendance. FOOD QUANTITY: Entrée portions are based off of two (2) entrees within specified menu. Lunch portions are 30z per entrée with a total of 602 per person. Dinner portions are 4oz per entrée with a total of 80z per person. Portions may vary for menus that include three (3) or more entrée selections. 11.1 WEDDINGS: CATERER will prepare between five to ten percent (5-10%) of overage based on the final ‘number of guest count registered by CLIENT. Part of this overage is to include food for the staff and/or service providers. CLIENT will not be charged for this. 11.2 LEFTOVERS: In accordance with appropriate Health Codes, CATERER reserves the right to discard any leftover food items, after the agreed upon event timetable, where there is a reasonable risk for food borne illness to occur. BEVERAGES: CLIENT assumes the right and responsibility to provide all or part of the bar/beverage supplies and/or service as per venue guidelines and previous agreements with CATERER. ‘CATERER is never liable for any bar/alcohol related incidents when service is being provided by any party other than My Cuisine OLCC Licensed CATERER exclusively. CATERER may also provide beverage service or Bar Support as previously agreed upon in writing. When CATERER is responsible for hosting the bar, no outside alcoholic beverages are permitted to be opened or served by any party other than an OLCC licensed CATERER. CATERER has the exclusive right to cease alcohol service and shut down the bar if CATERER finds that any attendees have illegally brought in/opened/served alcohol outside of a hosted bar with an OLCC Licensed CATERER. Fines may be imposed if this guideline is not met. TIME: CLIENT will be billed for additional staff hours for any time extension beyond the prior agreed upon time. 13.1 HIRED STAFF HOURS ~ CLIENT will be charged $50 per hour for any additional service that exceeds agreed upon timeframe.14. 15. 16. 17. 18, 19. 20. 21. 22, 23 24, 13.2. WEDDINGS ~ From the time CATERERS arrive onsite to the time of departure, staff hours must not exceed eight (8) hours. Any additional service will be charged at Php 5,000.00 per hour. CHANGE OF EVENT DATE or VENUE: CATERER will apply the entire balance of CLIENT’s deposits and prepayments towards another event, subject to CATERER’s availability. ll costs are subject to change. RENTALS: CATERER may provide all or part of the rental items for the event. However, certain items may incur restocking and/or cancellation fees. if CATERER arranges rentals, for the CLIENT, through a rental company, CLIENT’s charges will be included on their invoice. Any loss or damage to any rentals will be billed to CLIENT after the event. STORAGE: Prior approval from CATERER is required for any storage service at Divine Catering property before or after the event/function. Fees may apply. ASSIGNABILITY: This contract is not assignable without the prior written consent from the CATERER. CANCELLATION BY: CLIENT / VENUE / ACTS OF GOD: If the eventis canceled, all deposits and payments are forfeited in full unless otherwise agreed upon under extreme circumstances. CANCELLATION BY CATERE! CATERER reserves the right to terminate this contract for any valid reason. 19.1. IF CATERER terminates this contract before thirty (30) day period prior to the event date, all deposits and prepayments will be returned in full within ten (10) days. 19.2. IF CATERER terminates this contract within the thirty (30) day period prior to the event date, all deposits and prepayments will be returned in full within ten (10) days as. DAMAGE: 20.1. CATERER assumes no responsibility for ANY damage or loss of merchandise, alcohol, equipment, furniture, clothing or other valuables prior to, during or after the event. CATERER will do everything possible to ensure that all of CLIENT’s supplies, rentals and equipment are cared for and maintained in good working order and without damage. 20.2. When providing the location for the event/function, the CLIENT, understands that accidents/breakage and/or damage may sometimes occur. CATERER will not be liable for any damage or loss, unless specifically caused by the willful negligent actions or conduct of CATERER or its staff. CATERER LIABILITY: CLIENT absolves CATERER from any third-party claims, except for actions caused by CATERER and/or negligence of its staff. For such claims refer to CATERER’s insurance policy. 22.4 CATERER reserves the right to make executive decisions in order to follow prior agreed upon arrangements and ensure best practices and procedures for catering success. INSURANCE: CATERER is a fully licensed and insured company in all aspects. CATERER’S poli Alcohol/ Liquor Liability Insurance. Specifics available upon request. UNLAWFUL ACTIVITIES: The CLIENT will comply with all the laws of the Philippines, all municipal ordinances and all lawful orders of police and fire departments, and will not do anything on the event/function premises in violation of any laws, ordinances, rules or orders. f unlawful activities should occur on the premises, and the event is cancelled, there will be no refund of any kind from CATERER to CLIENT. AMENDMENT AND SUPPLEMENT: Any amendment and supplement to this Agreement shall come into force only after a written ‘agreement is signed by both parties the Friday, at least seven (7) days, prior to the event/function date. The amendment and supplement duly executed by both parties shall be part of this Agreement and shall have the same legal effect as this Agreement.25. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Philippines. IN WITNESS THEREOF the parties hereto have caused this Agreement to be duly executed on their behalf by 2 duly authorized representative as of the date first set forth above. The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below: NICCOLO _@-. MAcHIAVELL] Aral 5, 409g Printed Name of CLIENT Signature of CLIENT Date Signed Jacque line 8. Derridda 4/5/2023 Printed Name of CLIENT Date Signed Amanda _b. Alamirano Apu 5, 2008 Printed Name of CATERER Date Signedhanes v1 : MAKATI CITY, PHILIPPINES VAT-Registration 928-003-031 OFFICIAL RECIEPT No. 18246 April 5, 2023 Received the amount of Five Million Five Hundred Thousand Pesos (Php 5,500,000.00) from Jacqueline B. Derridda as full payment for the catering services for their wedding as evidenced by the Catering Agreement entered intg by the parties on April (AVTHORIZED SIGNATURE“Anney K 4 TIFFANY & CO. SRA ce Union Square, New York (GRAND PRIZE ae MANUFACTURERS OF Fae OPTION Lewchy, Sheer Ware and Plated Ware, Watches, Clocks, Leather Goods and Stationery CUTTERS OF Diamonds and Precious Stones City of New York Qpuil 11, 2023 Soldto Ms Jacqueline D. Dersille ary PARTICULAR UNIT PRICE ‘AMOUNT 1 PC Ring (20 carats 12 studs diamond ring) $ 3,954,366.23 $ 3,954,366.23 Size 10.5 £ PC Ring (20 carat 12 studs diamond ring) size 6 '$2,401,296.67 '$ 2,401,296.67 TOTAL $ 6,355,662.90 PLEASE SEND APPROPRIATE SALES CHECK, CREDIT SLIP OR RECIEPT Wi WY REGARDING ANY ITEM ON THIS RECIEPT. OR NO. 14344 TIFFANY & CO.REPUBLIC OF THE PHILIPPINES ) A L y ‘SAN FERNANDO, LA UNION ) s.s. Nhe x AFFIDAVIT OF WITNESS |, Josefa Escoyda-Cruz, 45 years old, married, resident of Bray. Baroro, Bacnotan, La Union, after having sworn in accordance with law, affirm the following facts within my personal knowledge as a witness to the preparations made by victim and accused for their wedding, do hereby depose and state: 1. That | have known Jacqueline for twenty (20) years, and we have been the best of friends since 2003. Due to our close affinity, | was intimately involved in the wedding preparations for Jacqueline and Niccolo; 2. That the wedding preparations for Jacqueline and Niccolo began approximately three weeks before the wedding date, which is scheduled on May 1, 2023 at ‘Amanpulo Island Resort. From the earliest phases of their wedding preparations, | witnessed their concerted efforts to meticulously organize all of the wedding's aspects. The planning and preparation phase included duties such as selecting the wedding venue, arranging for decorations, choosing on a caterer, finalizing the guest list, and arranging transportation for guests. Both Jacqueline and Niccolo paid close attention to the smallest of details and made well-informed decisions based on their preferences and budget; 3, That | observed Jacqueline making multiple payments to various wedding suppliers and vendors, including but not limited to the reception site, caterer, and wedding planner. These payments were made through various means, including check deposits and cash payments. | was present when Jacqueline confirmed and settled these payments, 4, That | observed in addition, Jacqueline and Niccolo made a number of wedding- related purchases for their special day. The purchases included wedding attire, wedding rings, invitations, wedding favors, and other essential items. Before making these purchases, Jacqueline conducted thorough investigation and comparisons; 5. That throughout the entire process, | observed Jacqueline and Niccolo demonstrating commitment, dedication, and enthusiasm for their wedding preparations. They sought professional assistance when necessary to ensure a seamless and memorable wedding experience; 6. That | executed this affidavit to vouch for the veracity of the aforementioned information and to support the filing of a civil case against Mr. Niccolo G. Machiavelli for violation of Article 21 of the New Civil Code of the Philippines; IN WITNESS WHEREOF, | have hereunto affixed my signature this 24"" day of April 2023 at Brgy. Baroro, Bacnotan, La Union, PhilippinesSUBSCRIBED AND SWORN to before me this 24" day of April 2023 at Bacnotan, La Union, Philippines. | HEREBY CERTIFY that | have personally examined the herein affiants and | am satisfied that they voluntarily executed and understood their given affidavit, ONATHANI-CA gfary Public Attorn§ No. 64785; 07/09/2020 PTR 163248752; 01/03/2023 IBP No. 147856; 01/03/2023 La Union Chapter MCLE Compliance No. VII-0015825 Valid until April 14, 2025 Doc No, 44 Page No_@ Book No., Series of 2023\ u REPUBLIC OF THE PHILIPPINES ) Paves M SAN FERNANDO, LA UNION ) s.s. eee nec ee eee eee nee ee ees x AFFIDAVIT OF WITNESS |, SPO1 Rosella G. Nones, 31 years of age, single, a resident of Barangay Santa Rita, Bacnotan, La Union, and a desk officer in Bacnotan Philippine National Police, after having been duly sworn to in accordance with law, depose and state: 1. That | personally know and am aware of the relationship between defendant Niccolo G. Machiavelli and plaintiff Jacqueline B. Derridda and that they are already engaged and scheduled to be married; 2. That | personally witnessed defendant meeting with another woman after our shift last 05 April 2023; 3. That this woman usually visits our office during lunch break to have lunch with defendant and that defendant addresses this woman as “love”; 4, That | personally overheard defendant talking to another over the phone saying, "Konting hintay na lang love at mabibili na natin lahat ng gusto natin" which | brushed off as | assumed he was talking to Ms. Derridda; 5. That | was approached by Ms. Derridda on 10 April 2023 to ask me if | was the woman that defendant was always talking to, which | denied immediately; 6. That on 12 April 2023, Ms. Derridda went to our office and confronted defendant about his other woman; 7. That during that confrontation, | personally witnessed and heard defendant admit that he was seeing someone else; 8. That | execute this affidavit to attest to the truthfulness of the foregoing facts and support the filing of a civil case against Mr. Niccolo G. Machiavelli for violation of Article 21 of the Civil Code. IN WITNESS WHEREOF, | have hereunto affixed my signature this 24" day of April 2023 at Brgy. Baroro, Bacnotan, La Union, Philippines. LA G. NONES AffiaiSUBSCRIBED AND SWORN to before me this 24" day of April 2023 at Bacnotan, La Union, Philippines. | HEREBY CERTIFY that | have personally examined the herein affiants and | am satisfied that they voluntarily executed and understood their given affidavit. lo. 64785; 07/09/2020 PTR No. $C3248752; 01/03/2023 IBP No. 147856; 01/03/2023 La Union Chapter MCLE Compliance No. VII-0015825 Valid until April 14, 2025 Doe No. a Page No. Book No. Series of 2023+ Anney A) i 14 April 2023 PSSgt. Niccolo G. Machiavelli Brgy. Say-oan, Bacnotan La Union, 2500 Dear PSSgt. Machiavelli, I, Jacqueline B. Derrida, am writing this demand letter as my FINAL NOTICE for the payment of all the expenses made in consideration of the promised marriage which was eventually cancelled due to your repeated lapses and infidelity, amounting to Five Hundred Million Pesos (Php 500,000,000.00) in total. This is to recompense the distress and actual damages that you have caused. The breakdown of cost is listed as follows: a. One Million Pesos (Php 1,000,000.00) for payment made to the wedding planner, b. One Hundred Twenty Million Pesos (Php 120,000,000.00) as full payment of the Amanpulo Island Resort reservation, c. _ Twenty-Two Million Pesos (Php 22, 000,000.00) as payment for the personalized bridal and entourage gowns, Seven Hundred Fifty Thousand Pesos (Php 750,000.00) as payment for the custom-made wedding cake, e. Six Hundred Fifty Thousand Pesos (Php 650, 000.00) as payment for the wedding shoes, {One Hundred Thousand Pesos (Php 100,000.00) as payment for the wedding invitations, g. Five Million Five Hundred Thousand Pesos (Php 5,500,000.00) representing the full payment for the catering services, and h. Three Hundred Fifty Million Pesos (Php 350, 000,000.00) as full payment for the diamond wedding rings; Please take this seriously and if there is no response to this demand letter by 23"! of April 2023, all legal rights shall be explored, including, but not limited to, legal proceedings necessary in accordance with the law. This notice of demand serves as my official notice to you and may be tendered in court as evidence of your failure to cooperate. If legal action is to occur to resolve this matter, it may involve having you pay attorney's fees. I hope to resolve this matter as soon as possible. Sincerely, duvide Jgéquiline B. Derrida