REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

6TH JUDICIAL REGION
BRANCH 24
ILOILO CITY

THINKER BALE INC., CIVIL CASE NO. ________________

Plaintiff,

-versus-
FOR: BREACH OF CONTRACT,
SUM OF MONEY, AND DAMAGES

LUIZ BOI,
Defendant,
x----------------------------------------------------------------------------------------------x

COMPLAINT

COMES NOW the plaintiff, through the undersigned counsel and to this
Honorable Court, respectfully states:

1. That the plaintiff is a company duly organized and existing under and
by virtue of the laws of the Philippines, with principal office and
address at Treewood Tower, 7th Floor, Neverland St, Iloilo City,
represented herein by its duly authorized representative, Mester
Smee of legal age, Filipino and with office address at Treewood
Tower, 7th Floor, Neverland St, Iloilo City, Philippines; the copy of
the Secretary’s Certificate is hereto attached and marked as
Annex “ A ”;

2. That defendant Luiz A. Boi is also of legal age, Filipino and with office
address at Jolly Roger Industrial Enterprises, G/F Treasure Island
Building, Crocodile Park, Pavia, Iloilo, Philippines.

3. That the plaintiff entered into a contract with the Oakridge Business
Park Project in Iloilo City for the supply and installation of 50m3/Day
Advanced Oxidation Waste Water Treatment Plant with Recycling
System;
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4. That sometime in October 2013 the plaintiff through its authorized

representative Mester Smee decided to have its project sub-
contracted by defendant Luiz Boi who claimed to be the owner or
sole proprietor of Jolly Roger Industrial Enterprises;

5. That pursuant to his desire to sub-contract the project, the defendant

submitted his quotation including the specification, scope of work
and the list of the terms and conditions and the total cost of the
project amounting to P2, 500, 000.00 for approval of the plaintiff; the
copy of the Quotation is hereto attached and marked as Annex “
B ”;

6. That the defendant made the plaintiff believed that he was qualified,
capable , and an expert in the installation if the 50m3/day Oxidation
Waste Water Treatment Plant with Recycling System;

7. That on October 9, 2013 the plaintiff through Mester Smee made a

down payment of 50% equivalent to P1, 250, 000.00 with the
condition that another contract for sub-contracting detailing the
scope of work, the number of days to finish the project and the
manner of the delivery of materials should be executed;

8. That the plaintiff demanded the receipt of said down payment but
the defendant asked for time to issue the same because according to
him he had to change his business registration from non-VAT to VAT.

9. That the plaintiff furnished the defendant with the copy of the sub-
contract agreement but the defendant asked for time to review the
same; the copy of the sub-contract agreement is hereto attached
and marked as Annex “ C ”;

10. That the plaintiff waited for the comment of the defendant with
regard to the contract agreement but instead of making a comment,
the defendant submitted his own version of contract which the
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plaintiff considered as one-sided; the copy of contract is hereto

attached and marked as Annex “ D ”;

11. That despite his failure to start the project and his non-execution of
the sub-contract agreement, the defendant delivered some of the
materials which where needed in the project and worth P320,000.00
more or less and then demanded payment for the 40% cost of the
project because according to him it was already agreed on in the
quotation which he first sent and which was signed by the
representative of the plaintiff; the copy of the list of material is
hereto attached and marked as Annex “ E ”;

12. That even if he had received the 50% down payment the defendant
did not bother to start the project, specifically the lay out.

13. That on March 4, 2014 , the plaintiff sent a letter to the defendant
informing him that the 90 day period given to him to finish his
obligation had already lapsed and that the defendant failed to make a
design and lay-out, the plaintiff demanded as well the fulfillment of
obligation within three (3) days from receipt of letter; the copy of
the letter is hereto attached and marked as Annex “ F ”;

14. That despite non-fulfillment of his obligation, the defendant through

his counsel Atty. Noel Belleza, wrote a letter to the plaintiff
demanding payment in the amount of P1,000,000.00 equivalent to
the 40% of the cost of the project and stating that failure to do so
could cause the cancellation of the contract;

15. That on March 11 2014, the plaintiff though its authorized

representative sent a letter to the defendant informing him that the
three (3) day period within which to comply with his obligation
within which to comply with his obligation had already lapsed,
thereby terminating their agreement; the copy of the letter is
hereto attached and marked as Annex “G”;
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16. That the plaintiff likewise demanded the return of down payment of
P1, 250, 000.00 plus damages in the amount of P300,000.00;

17. That on March 12 2014, the defendant through his counsel wrote a
letter to the plaintiff agreeing to the cancellation and termination of
the contract and set conditions for the return of the down payment to
wit;
“With respect to the return of the down payment, my client
is willing to give back the same provided that you hand over
new equipment of the same kind and quality as those
already delivered at Oakridge and pay the total amount of
damages it has incurred due to your breach of contract. My
client has already spent so much for the purchase, delivery,
storage, etc., of all the equipment needed for the project. It
cannot be overemphasized that the down payment is even
insufficient to cover all the expenses incurred by, and
caused to my client.”
The copy of the letter is hereto attached and marked as
Annex “ H ”;

18. That apparently the conditions set by the defendant only show that
he had no intention to return the down payment; he even unlawfully
demanded the additional 40% of the contract price without
complying with his obligation to the damage and prejudice of the
plaintiff;

19. That in view of the defendant’s failure to fulfill his obligation, the
plaintiff was compelled to engage the services of other sub-
contractors to finish the project and incurred actual expenses
amounting to P200,000.00, more or less;

20. That because of the unwarranted acts of the defendant , the plaintiff
suffered besmirched reputation, mental anguish and sleepless nights
thereby entitling it to moral damages in the amount of P200,000.00,
more or less;
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21. That for the filing of the subject case, the plaintiff was compelled to
hire the services of counsel in the amount of P100,000.00 as
acceptance fee and it has agreed to pay the appearance fee of P2,000
per court appearance;

22. That in order to deter the defendant from doing the same things to
others, he should be held liable to pay exemplary damages in the
amount of P100,000.00;

23. That furthermore the plaintiff shall incur litigation expenses in the
amount of P50, 000.00, more or less;

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed of this

Honorable Court that after due hearing, judgment be rendered in favor of the
plaintiff as follows:

1. To declare the defendant to have breached his contract for the supply
and installation of 50m3/day Advance Oxidation Water Treatment Plant
with Recycling System;
2. For defendant to pay or return the amount of P1, 250, 000.00 down
payment minus the cost of some materials delivered in the amount of
P320,000.00;
3. For defendant to pay plaintiff the amount of P200,000.00 for expenses
incurred in engaging services of other sub-contractor;
4. To hold liable the defendant for the following damages:
a. Moral Damages ------------P400,000.00
b. Attorney’s Fee -------------P 100,000.00 plus P2,000.00
c. Exemplary Damages-------P 100,000.00
d. Litigation Expenses---------P 150,000.00
e. Cost of litigation
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PLAINTIFF further pray for such other reliefs as this Honorable Court
may deem valid, just and equitable under the premises.

RESPECTFULLY SUBMITTED.

Iloilo City, Philippines, December 4, 2017.

ATTY. KRISTEL ANNE CASTILLON

Counsel for the Plaintiff
1st Floor, Rm. 111, Animus Bldg.
Hoskyn’s Compound, Guanco St., Iloilo City Tel. No. _________
PTR No. ________/_____________/Iloilo City
IBP No. ________/ ____________/Iloilo Chapter
Roll of Attorney No. ________, Page ________ Book No. ______
MCLE Certificate of Compliance dated __________
Under MCLE Compliance No.___________