Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 97, Quezon City
JUAN ANTONIO M. LEGASPI
Plaintiff,
-versus-

Civil Case No. 00102981

For: COLLECTION OF SUM OF MONEY

PEDROS LIPAT BAHAY

owned by PEDRO S. LETRAN
Defendant
x- - - - - - - - - - - - - - - - - - x
COMPLAINT
COMES NOW, the Plaintiff, JUAN ANTONIO M. LEGASPI, by
the undersigned Counsel and unto the Honorable Court most
respectfully states THAT:
THE PARTIES
1.

Plaintiff is of legal age, married, Filipino and resident of

Tisa Hills Drive, Dead end Tisa Cebu City, Cebu, where he
may be served with notices and other processes of this
Honorable Court;

2.

Defendant is a sole proprietorship entity situated in

Pagsabungan, Mandaue City with no juridical personality
distinct from the owner thereof, Pedro S. Letran who is of
legal age, single, Filipino and is residing at 9 G. Esteban
Building Lacson Street Bacolod City, Negros Occidental
where he may be served with notices and other processes
of this Honorable Court;

JURISDICTIONAL FACTS
3.

The jurisdiction of this case is with the Regional Trial Court,

the amount involved being more than Four Hundred
Thousand Pesos (Php400,000.00) in accordance with BP
129, The Judiciary Reorganization Act of 1980;

4.

The proper venue of the suit is with the proper courts of

Quezon City as there was an exclusive stipulation 1 of the
venue in the CONTRACT TO SELL attached herein as
Annex A;
FACTUAL ANTECEDENTS

5.

On October 10, 2015, the Plaintiff entered into a Contract

to Sell with the Defendant of five (5) second-hand vehicles
worth One Million Pesos (Php1,000,000.00) each, payable
on November 10, 2015;

6.

On November 10, 2015, the Defendant not only failed but

adamantly refused to make good his obligation in the
contract alleging that the Plaintiff owed him One Million
Pesos (Php1,000,000.00) plus interest for unpaid rentals
for the container yard leased by the latter in his other
business, Pedros Realty;

7.

Furthermore, the Defendant in blatantly refusing to make

payments, alleged that the Plaintiff is liable for damages on
the warranties for hidden defects amounting to One
Hundred Thousand Pesos (Php100,000.00);

8.

Even prior to the FINAL DEMAND dated November 30,

2015 attached herein as Annex B, several demand letters
were sent to the Defendant to afford him the opportunity to
comply with his obligation but all of them fell on deaf ears;

9.

The obligation remains unpaid at present;

FIRST CAUSE OF ACTION

10. Despite repeated demands, both oral and written, the

Defendant blatantly refused to make good his obligation in
the Contract to Sell;
1 Any violation of any of the provisions could only be litigated before the proper courts
of Quezon City.
2

11. This unjustifiable refusal of the Defendant gave rise to the

Plaintiffs cause of action for collection of sum of money in
accordance with the Civil Code which provides:
"Obligations arising from contracts have the force of
law between the contracting parties and should be
complied with in good faith.2
SECOND CAUSE OF ACTION
12. Granting without admitting and only for the sake of
argument that the Plaintiff owed the Defendant One Million
Pesos (Php1,000,000.00) in another business as well as
liability for warranty on the contract amounting to One
Hundred Thousand Pesos (Php100,000.00), the refusal of
the Defendant to pay is in utter bad faith considering that
his total obligation is Five Million Pesos (Php5,000,000.00)
which far exceeds these amounts he wanted to offset;
13. For utter bad faith in refusing to make good his obligation
in the contract, the Defendant is furthermore liable to
damages for breaching the contract, as so provided:
"In case of fraud, bad faith, malice or wanton attitude,
the obligor shall be responsible for all damages which
may be reasonably attributed to the non-performance of
the obligation.3"
14. Plaintiff prays for Damages for lost interest amounting to
Six Hundred Thousand Pesos (Php600,000.00);
15. Plaintiff finally prays for Attorneys fees in accordance with
Article 2208(2)4 of the Civil Code amounting to Fifty
Thousand Pesos (Php50,000.00)
PRAYER
WHEREFORE, the Plaintiff prays for the Honorable Court to:
1. Order the Defendant to pay the Plaintiff the amount of Five Million
Pesos (Php5,000,000.00); and
2 Article 1159. RA 386. The Civil Code of the Philippines
3 Par. 2. Article 2201. RA 386. The Civil Code of the Philippines
4 When the defendant's act or omission has compelled the plaintiff to litigate with third
persons or to incur expenses to protect his interest.
3

2. Order the Defendant to pay Damages amounting to Six Hundred

Thousand Pesos (Php600,000.00) and Attorneys fees amounting to
Fifty Thousand Pesos (Php50,000.00).
Other forms of relief just and equitable are also prayed for.
Respectfully submitted. Cebu City (for Quezon City) February
13, 2016
GO SIAO SY LAW OFFICES
Counsel for the Plaintiff
Room 201, Mondejar Bldg., City Hall Road,
Pusok, Lapu-Lapu City, Cebu
E-mail: attycmgcpa@gmail.com
Telephone No. 490-1989
BY:
ATTY. CAROLINE MARIE M. GO, CPA
Roll of Attorneys No. 71181
IBP O.R. No. 0982078/01-09-2015/Cebu
PTR O.R. No. 4949324/02-05-2015/Lapu-Lapu City
MCLE COMPLIANCE Exempted.
Admitted to the Bar on May 6, 2015

Republic of the Philippines)

City of Cebu
)S.S.
VERIFICATION / CERTIFICATION OF NON-FORUM SHOPPING
I, JUAN ANTONIO M. LEGASPI, of legal age, Filipino, married
and a resident of Tisa Hills Drive, Dead end Tisa Cebu City, Cebu,
hereby depose and say THAT:
1. I am the Plaintiff in the above-stated case;
2. I have caused the preparation of this complaint, the contents
that I have read are true and correct to the best of my
personal knowledge and based on authentic records;
3. I certify that I have not caused to be filed any other action or
proceeding, and to the best of my knowledge there is no
such action or proceeding pending with the Supreme Court,
Court of Appeals or any other agency or tribunal, involving
the same issues raised in this petition; and
4. Should I learn later that a similar action or proceeding has
been filed or is pending before other tribunal, I undertake to
inform this Honorable Court within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 13th day of February, 2016 in Cebu City, Philippines.
JUAN ANTONIO M. LEGASPI
Affiant
SUBSCRIBED AND SWORN to before me this 13th day of
February, 2016 in Cebu City, Philippines, affiant exhibited to me his
Voters ID VIN 2226-0366A-G2468DLE10000-3.
Doc No. 300;
Page No. 90;
Book No. VII;
Series of 2016

ATTY. CAROLINE MARIE M. GO, CPA

Notary Public