Complaint Re Collection of Sum of Money

Republic of the Philippines
NINTH JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
BRANCH _____
Zamboanga City
JUNAID E. DOMATO,
Plaintiff,
CIVIL CASE NO. ______

-for-
-versusFAIGH RONDOVIO
Defendant,
x-------------------------x
COLLECTION OF SUM OF MONEY

WITH DAMAGES
COMPLAINT
COMES NOW the Plaintiff, by the undersigned counsel, and unto
this Honorable Court, respectfully alleges that:
1. PLAINTIFF is of legal age, married, Filipino, a government

employee, and with residence at Block 5, Lot 2, Kalambuan
Homeowners Association, Maasin, Zamboanga City, where he may be
served with court processes;
2. DEFENDANT is likewise of legal age, married, Filipino, an
Engineer by profession, and a resident of # 35 Alfaro St., Tetuan,
Zamboanga City, where she may be served with summons and other
court processes;
3. Having availed of a housing loan from their employees
cooperative and the Government Social Insurance System (GSIS)
Consolidated loan, Plaintiff decided to spend the money he got from
these loans, along with his savings over the years, to build his family a
house. This was how the Plaintiff got to know the person of the
Defendant. Being an Engineer, Defendants services were hired by the
Plaintiff for the construction of their one-storey residential building in
Maasin, Zamboanga City;
4. Sometime in 2012, the parties entered into a contract for the
construction of the said building 1, and by this agreement, the
Defendant undertook to[C]onstruct and furnish labor and supervision and do all
works required to complete the One-Storey Residential
Building of the Owner located in Maasin, Zamboanga City.
5. For its part, the Plaintiff bound itself to pay the Defendant the
contract price of ONE MILLION TWO HUNDRED THOUSAND PESOS
(P1,200,000.00);
6. At first, the project was doing well. The Plaintiff gave the
Defendant
FOUR
HUNDRED
FIFTY
SIX
THOUSAND
PESOS
(P456,000.00) as initial payment. This was followed by payment in

1 Annex A- Construction Contract dated August 28, 2012
various amounts from September to November of 2012, totaling ONE

MILLION EIGHTY THOUSAND PESOS (P1,080,000.00);
7. However, as time went by, the Plaintiff started noticing the
inefficiency of herein Defendant, and the inconsistency of her work.
The project was behind schedule, and the construction was lagging.
He also noticed that there was a decline in the quantity of
construction materials being delivered on site as days progressed.
Furthermore, the construction workers were frequently absent, owing
to the fact that some of these workers also work on other projects of
the Defendant. Hence, the entire project was seriously affected;
8. After oral demands for the Defendant to make good of her
promise went unheeded, the Plaintiff took it upon himself to finish the
construction of the residential building, despite the fact that he was
direly financially strained;
9. Defendant could hardly be contacted, and if ever she replied,
it was either too late or just to ask me to advance the payment for the
laborers or for the construction materials. In fact, just to be able to
talk to her, Plaintiff would go to her house in Tetuan, and more often
than not, it would be for naught as she would just apologize and give
empty promises;
10. Sometime in December of 2012, Defendant texted Plaintiff to
ask if the latter could advance the payment for the construction
workers, to which Plaintiff agreed. After fetching his wife, Plaintiff went
to Defendants house to get back the money which he advanced.
When Plaintiff got there, she was not in the house and no one would
answer. So he left the place disappointed and distraught. On his way
home, because Plaintiff was too preoccupied with thoughts of his
house, he met an accident. His right leg was fractured and had to be
operated2.
He
spent
more
than
EIGHTY
THOUSAND
PESOS
(P80,000.00) for the hospitalization and operation, and to add to this,

prolonged physical pains and psychological torture;
11. Because of this predicament, the Plaintiff suffered sleepless
nights, terrible anxiety and mental anguish worrying that his
retirement money had just gone to waste, and further troubled that
his dream house would be but just that- a dream;
12. In the earlier part of 2013, Plaintiff finally decided to bring
the matter to the Office of the Punong Barangay of Tetuan for possible
settlement. Failing to settle the matter, on April 20, 2013, the said
office issued a Certification to File Action 3. But even after securing the
certificate, Plaintiff was still hopeful that the issue would be resolved
outside the court, Plaintiff sought the help of the National Bureau of
Investigation, Zamboanga City;
13. After a series of talks, they have come to a settlement, and
executed an Agreement4 embodying the terms of their contract. In the
said Agreement, Defendant admitted her obligation towards herein
Plaintiff at the sum of TWO HUNDRED FIFTY EIGHT THOUSAND FOUR
2 Annex B, B-1 and B-2 Medical Certificates issued Karen Cinco, M.D., dated December
22, 2012, February 7, 2013 and September 21, 2013, respectively.
3 Annex C- Certification to File Action dated April 20, 2013
4 Annex D- Agreement dated July 21, 2014
HUNDRED
NINETY
NINE
PESOS
AND
FIFTY
FIVE
CENTAVOS
(P258,499.50), less TEN THOUSAND PESOS (P10,000.00) for the

payment made by the Defendant on June 5, 2013;
14. In the very same agreement, Defendant bound herself to pay
Plaintiff the amount due in installment basis by paying TEN
THOUSAND PESOS (P10,000) monthly by depositing to the bank
account of [the Plaintiff] at DBP JS Alano Branch account number
4665-3695-5005-7662;
15. On August 11, 2013, after receiving a text message from
Defendant, Plaintiff verified that he received SIX THOUSAND PESOS
(P6,000.00) through his DBP account. This was followed by a deposit
of EIGHT THOUSAND PESOS (P8,000.00) which Plaintiff verified he
received on September 30, 2013, which totaled the partial payment
made to FOURTEEN THOUSAND PESOS (P14,000.00). However, after
these, no more payment was ever made, in cash or through deposits,
even up to this time;
16.
In
paragraph
(i)5
of
the
aforementioned
Agreement,
Defendant expressly waived the need for demand for the collection of
the monthly installment, and having failed to pay according to the
terms of the agreement, Defendant has incurred in delay. Hence, this
Complaint;
JURISDICTION OF THIS HONORABLE COURT
5 Annex D-1 - paragraph (i), Agreement
17. This Honorable Court has jurisdiction over the instant case
being that the demand, exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs does not exceed
THREE HUNDRED THOUSAND PESOS (P300,000.00);
18. Plaintiff seeks to recover the amount of TWO HUNDRED

THIRTY FOUR THOUSAND FOUR HUNDRED NINETY NINE PESOS
AND FIFTY CENTAVOS (P234,499.50), plus an interest equivalent
to six percent (6%) for every month of default, until the entire
obligation is fully paid;
18. It is likewise prayed for that Plaintiff be awarded the sum of
FIFTY THOUSAND PESOS (P50,000.00) as moral damages for the
sleepless night, serious anxiety and mental anguish suffered by the
Plaintiff brought about by the patent disregard of the Defendant of her
obligations, to the prejudice of the Plaintiff;
19. Plaintiff is also entitled to exemplary damages to the tune
of FIFTY THOUSAND PESOS (P50,000.00)for the wanton, fraudulent,
reckless, oppressive, and malevolent act of the Defendant, who being
an Engineer, was supposed to uphold their profession, but instead
acted in total disregard of the oath she swore by, to the discredit of
other persons in the profession;
20. Plaintiff was constrained to hire the services of a counsel to
protect his rights, and should be further awarded Attorneys Fees and
the cost of suit in the amount of FORTY THOUSAND PESOS

(P40,000.00).
PRAYER
WHEREFORE, Plaintiff respectfully prays that this Honorable
Court find Defendant liable and pay Plaintiff1. The sum of TWO HUNDRED THIRTY FOUR THOUSAND FOUR
HUNDRED
NINETY
NINE
PESOS
AND
FIFTY
CENTAVOS
(P234,499.50), plus an interest equivalent to six percent (6%) for

every month of default, until the entire obligation is fully paid;
2.
Damages
in
the
amount
of
FIFTY
THOUSAND
PESOS
(P50,000.00) as moral damages, FIFTY THOUSAND PESOS

(P50,000.00) as exemplary damages, FORTY THOUSAND PESOS
(P40,000.00) as Attorneys Fees, and the cost of suit;
3. Other equitable relief is likewise prayed for.
City of Zamboanga, Philippines, ____ October 2013.
By:
ATTY. IMRAN A. PANGILINAN
Counsel for Plaintif
Roll No. 23600
PTR No. 0436633: 1-05-2013
IBP No. 892413: 1-03-2013
Zamboanga City
MCLE Compliance No. IV-0000921: 8-13-2013
Republic of the Philippines )

City of Zamboanga . . . . . )
X.............X
VERIFICATION AND CERTIFICATION
I, JUNAID E. DOMATO, is of legal age, married, Filipino, and with
residence at Block 5, Lot 2, Kalambuan Homeowners Association, Maasin,
Zamboanga City, after having duly sworn in accordance with the law do
hereby depose and state that:
I am the Plaintiff in the above-mentioned case;
I caused the preparation of the Complaint, and have read and
understood the contents and allegations thereof which are true and correct
of my own personal knowledge based on authentic records;
I certify that I have not commenced any other action involving the
same issue in the Supreme Court, the Court of Appeals or any division
thereof of any other tribunal or agency, and to the best of my knowledge,
no such action involving the same issue has been filed or pending before
the same;
If we should learn hereafter that a similar action or proceeding has
been filed or is pending before the Supreme Court, Court of Appeals or any
division thereof of any other tribunal or agency, we should report that fact
to the Honorable Court within five (5) days there from.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this
___ day of October 2013, at Zamboanga City, Philippines.
JUNAID E. DOMATO
Affiant
SUBSCRIBED AND SWORN TO before me this his ___ day of October
2014, at Zamboanga City, Philippines. Affiant exhibited to me his
Government Social Insurance System CRN-006-0056-4178-5, issued on

November 4, 2009.
ATTY. IMRAN A. PANGILINAN

Notary Public for Zamboanga City
Doc. No. _____;
Page No. _____;
Book No._____;
Series of 2013.
Roll No. 23600

PTR No. 0436633: 1-05-2013
IBP No. 892413: 1-03-2013
Zamboanga City
MCLE Compliance No. IV-0000921: 8-132013

Complaint Re Collection of Sum of Money

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Complaint Re Collection of Sum of Money

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Republic of the Philippines

NINTH JUDICIAL REGION

CIVIL CASE NO. ______

COLLECTION OF SUM OF MONEY

1. PLAINTIFF is of legal age, married, Filipino, a government

(P456,000.00) as initial payment. This was followed by payment in

various amounts from September to November of 2012, totaling ONE

(P80,000.00) for the hospitalization and operation, and to add to this,

(P258,499.50), less TEN THOUSAND PESOS (P10,000.00) for the

18. Plaintiff seeks to recover the amount of TWO HUNDRED

the cost of suit in the amount of FORTY THOUSAND PESOS

(P234,499.50), plus an interest equivalent to six percent (6%) for

(P50,000.00) as moral damages, FIFTY THOUSAND PESOS

Republic of the Philippines )

Government Social Insurance System CRN-006-0056-4178-5, issued on

ATTY. IMRAN A. PANGILINAN

Roll No. 23600

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