Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 19
Cebu City

ABC Company
Plaintiff,

-versus- Civil Case 1234567

For: Specific
Performance

DEF Company
Defendant,

x------------------x

COMPLAINT

Plaintiff, ABC Company, by and through counsel, unto

this Honorable Court, respectfully avers that:
1. Plaintiff ABC Company is a duly registered
corporation under the laws of the Philippines,
with principal place of business in Lahug,
Cebu City, operating vessels for public
transport of cargo.
2. Defendant, DEF is duly registered corporation
under the laws of the Philippines, with
principal place of business in Mabolo, Cebu
City, engaged in the business of selling Crude
Oil.
3. That Plaintiff and Defendant have been
conducting business for a long time.
4. That since 2012, Plaintiff and Defendant have
signed a contract, as presented in Annex A,
stating that Defendant is to deliver 100
gallons of Crude Oil monthly to fuel ABC’s
ships for a consideration worth 5,000,000.00
pesos. The contract has since been renewed
yearly and has been understood to be
automatically renewed yearly, unless, the
contract be annulled by either parties through
negotiations.
5. That the receipts of past transactions in
Annex B, reflect the consistent performance of
ABC’s advance payment of consideration. The
receipts date from year 2012 to 2019.
 6. That these receipts are duly received and
signed by DEF Company’s Treasurer.
7. That on January 2019, DEF failed to comply
with its obligation and only managed to
deliver 20% of that month, despite advance
payment and consistent demand of the
Plaintiff, ABC Company, to deliver the
remaining 80%.
8. As a result of non-performance of DEF Company,
ABC Company suffered grave damage due to the
ceasing of the operation of its ships from
lack of supply of crude oil. Further, upon the
hasty acquisition of another source, ABC
Company acquired 45% more expenses than what
would normally be spent for Crude Oil, thus
exceeding its monthly budget and causing to
tap to another source, disrupting over-all
company operations and finances. Receipts of
which are attached as Annex C.

PRAYER

WHEREFORE, premises considered, it is

respectfully prayed that, after trial, judgment be
rendered against Defendant ordering them to deliver
100 gallons of Crude Oil and for Actual Damages
amounting to 2,250,000.00 pesos for over-payment of
Crude Oil and 5,000,000.00 pesos for loss of business
profit during the time of non-operation of the ships.

Plaintiff prays for other just and equitable

relief in the premises.

February 09, 2019, Cebu City.

Atty. Carmela Guibone, CPA

PTR No. 2234360, 01/05/17,

Cebu City

IBP Life Member Roll No. 06969,

Cebu City

Roll of Attorneys No. 58869

MCLE Compliance No. II 555834;

03/15/2018

VERIFICATION WITH CERTIFICATION

I, JUAN C. DELA CRUZ, of legal age, Filipino

citizen, single, and residing at No. 14, Dick Israel
St., Brgy. Burgos, Cebu City, as authorized by Board
Resolution 12345 to Represent ABC Corporation, after
being duly sworn to, hereby depose and say:
 That I am the General Manager of ABC company,
representative of the plaintiff in the above-
entitled Complaint;

That I have caused the preparation and filing of

the foregoing Complaint against the defendants;

That I have read the foregoing Complaint and the

allegations contained therein are true and correct
of my personal knowledge and belief;

That I have not commenced any other action or

proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal
or agency;

That to the best of my knowledge and belief, no

such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal
or agency;

That if I should thereafter learn that a similar

action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I undertake to report
that fact within five (5) days therefrom to this
Honorable Court.

JUAN DELA CRUZ

Affiant

Republic of the Philippines)

City of Cebu ) S.S.

SUBSCRIBED AND SWORN to before me on this 9th day

of February, 2019 at Cebu City, affiant exhibiting to
me his Passport No. EB2503221, issued on May 20, 2018
and valid until May 19, 2028.
Atty. Rick Asero XV
Notary Public
PTR No. 834360789 01/05/15, Cebu
Doc. No. 85; City
Page No. 40;
IBP Life Member Roll No. 06267,
Book No. 20;
Cebu City
Series of 2019.
Roll of Attorneys No. 58366

MCLE Compliance No. II 917834;

03/15/2018