REPUBLIC OF THE PHILIPPINES

FIFTH JUDICIAL REGION

REGIONAL TRIAL COURT
NAGA CITY

RODRIGO GO,
Plaintiff,
CIVIL CASE NO. 12345
FOR: BREACH OF CONTRACT,
SPECIFIC PERFORMANCE
AND DAMAGES
-versus-

JOSE YAO,
Defendant.
X----------------------------------X

C O M PL A I N T

COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable
Court respectfully alleges;

1. That Plaintiff is of legal age, Filipino citizen, and a resident of B-10 L-

2 San Felipe, Naga City, where he may be served with summons and other court
processes;

2. That Defendant is likewise of legal age, Filipino citizen, and a resident

of B-141 L-24 Bagumbayan Norte, Naga City, where he may be served with
summons and processes of this Honorable Court;

3. That on 04 January 2017, herein defendant offered to sell his land located
in Bagumbayan Norte, Naga City, to the plaintiff in the amount of Php 1, 000, 000;

4. That on 14 January 2017, the plaintiff agreed to buy the land and on January
20, 2017, he tendered an earnest money in the amount of Php 250, 000, which was
accepted by herein defendant. The plaintiff then promised that he would tender the
balance money on July 21, 2017;

5. That comes July 21, 2017, the plaintiff tendered the other half (Php250, 000)
but the defendant refused to accept it and informed the plaintiff that he (defendant)
was no longer selling the land because he has found another buyer who will buy
the land for Php2, 000, 000;

6. That by reason of defendant's unjustified refusal to honor the agreement to

sell, plaintiff was constrained to engage the services of counsel for a fee of Php20,
000 plus Php2, 000 per court appearance as actual damages;
 7. That plaintiff suffered moral damages due to sleepless nights and anxiety in
the amount of ten thousand pesos (Php10, 000);

8. That in order to serve as an example and/or lesson to the defendant, the

plaintiff is also praying for exemplary damages in the sum of five thousand pesos
(Php5, 000).

PRAYER

IN LIGHT OF THE FOREGOING, it is most respectfully prayed of this

Honorable Court that after due notice and hearing, judgment be rendered in favor
of plaintiff and against defendant ordering the latter as follows:

1) To honor the sale agreement or pay legal damages by virtue of defendant's

breach of contract in the amount of five hundred thousand pesos (Php500, 000);

2) To pay moral damages in the amount of ten thousand pesos (Php10, 000);

3) To pay attorney's fees of twenty thousand pesos (Php20, 000) plus two thousand
pesos (Php2, 000) for every court appearance;

4) To pay exemplary damages in the amount of five thousand pesos (Php5, 000);
and

5) To pay the costs of this suit.

Other relief and remedies that are just and equitable under the premises are
likewise prayed for.

Naga City, 29 September 2017.

ATTY. MARIA ELIZABETH NACARIO

Counsel for the Plaintiff
2F Romar Bldg., Ninoy and Cory Ave.,
Triangulo, Naga City
PTR NO. 6209611/Naga City
IBP NO. 718351 Naga Chapter
Attorneys Roll No. 54321

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, RODRIGO GO, of legal age, married, Filipino and the plaintiff in the above
entitled case, after being duly sworn to in accordance with law do hereby depose
and say;

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the complaint and I read the allegations
contained therein and understood each of them to be true and correct of my own
personal knowledge and beliefs and based on authentic documents.

3. That I further certify that I have not commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals or different
divisions thereof, or any court, tribunal or agency.

4. That should I learn hereafter of the filing or pendency of such action/s, I

undertake to inform this Honorable Court of said fact within five (5) days from
knowledge therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 29th day of

September, 2017 in Naga City.

RODRIGO GO,
Plaintiff

SUBSCRIBED AND SWORN TO BEFORE ME, this ______ of September, 2017

in Naga City.