REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

6th JUDICIAL REGION
ILOILO CITY
Branch 32

ELIZABETH CONSTRUCTION
ENTERPRISES, as represented
by its Manager, ENGR. DANNY
B. DELICANA

Complainants,

-versus- Civil Case No. ______________________

For: Collection of Sum of Money
with Damages
SPOUSES HENRY JOHN AND
LILIBETH NIEVES

Defendants

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COMPLAINT
Complainant ELIZABETH CONSTRUCTION ENTERPRISES, by
counsel, respectfully states:

1. Complainant ELIZABETH CONSTRUCTION ENTERPRISES

(hereinafter referred to as “Contractor,” “Complainant”) is a sole
proprietorship duly organized and existing under the laws of the Philippines
with business address at Barangay Calumpang, Molo, Iloilo City,
Philippines.

Complainant Elizabeth Construction Enterprises’ Certificate of Business

Name Registration issued by Department of Trade and Industry on 14
September 2016 and made to take effect from November 2016 to November
2021 is attached and made an integral part hereof as Annex “A.”

2. Complainant ENGR. DANNY B. DELICANA (hereinafter

referred to as the “Principal Contractor,” “Plaintiff”) is Filipino, of legal
age and with residence and postal address at No. 5, First Street, Brgy. Our
Lady of Lourdes, Jaro, Iloilo City where she may be served with notices
and other court processes of this Honorable Court.

3. Defendants SPOUSES HENRY JOHN AND LILIBETH NIEVES

(hereinafter referred to as “Spouses Nieves,” “Defendants”) are Filipino, of

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legal age, and in the transactions with plaintiffs have indicated that their
residence and designated postal address is at Lot 23, Block 4, CPU
Heritage Subdivision, Brgy. Anila, Pavia, Iloilo, where they may be served
with summons and processes of this Honorable Court.

4. On 13 October 2018, Elizabeth Construction Enterprises, acting

thru its Manager/Principal Contractor Engr. Danny B. Gelicana, entered into
a contract with Spouses Henry John and Lilibeth Nieves, whereby the
Contractor undertook to construct a two-storey building (hereinafter
referred to as “subject property”) which served as an extension of the
spouses Nieves’ house located in CPU Heritage Subdivision, Brgy. Anila,
Pavia, Iloilo, to be finished on around Feburary 2019.

Complainants’ 13 October 2018 Contract of Services denominated as

“Construction Agreement” with defendants is attached and made an integral
part hereof as Annex “B.”

5. Pursuant to said contract, spouses Nieves undertook to pay a

total amount of ten million pesos (Php 10 000 000). The breakdown of the
payment would be as follows:

a. For initial installment = Php 3 000 000 = 30% of Php 10 000

000

b. For second and last installments = Php 7 000 000

6. Upon signing of the said contract, spouses Nieves paid three (3)
million pesos (Php 3 million) representing as down payment for the
construction of the subject property to Engr. Delicana. The latter accepted
the same.

7. Defendants told the principal contractor that they wanted to

get the project started in order that they would be able to request for the
release of their housing loan with the Home Development Mutual (Pag-ibig)
Fund. Defendants assured complainant that as soon as they get the proceeds
from the loan, they would pay him. Relying on defendants’ assurance of
payment, complainants began constructing the building on 20 October
2018.

8. Upon completion of the project on 28 February 2019, Engr.

Delicana sent a formal demand letter dated 7 May 2019 to defendants-
spouses Nieves for payment of seven million pesos (Php 7 000 000)
representing payment for second and last installments. Despite having
received it on the same date, defendants refused and failed to pay.

Engr. Delicana’s Formal Demand Letter dated 7 May 2019 and given to
defendants is attached and made an integral part hereof as Annex “C.”

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 9. Engr. Delicana sent another formal demand letter dated 20 May
2019, where he reiterated demanding the same payment from spouses
Nieves, but the latter ignored it. Spouses Nieves received it on the same date.

Engr. Delicana’s Formal Demand Letter dated 20 May 2019 and given
to defendants is attached and made an integral part hereof as Annex “D.”

10. For the last time, Engr. Delicana sent a formal demand letter
dated 29 May 2019, where he demanded the same payment from spouses
Nieves, and warned that in the event the latter refused or failed to pay the
overdue balance, a suit would be filed in court. Despite receiving it on the
same date, spouses Nieves refused or failed to pay.

Engr. Delicana’s Formal Demand Letter dated 29 May 2019 and given
to defendants is attached and made an integral part hereof as Annex “E.”

11. On 30 May 2019, Engr. Delicana inquired from PAG-IBIB Fund

Office in Bacolod City about whether defendants already obtained a housing
loan. Unbeknownst to him, defendants had already received the proceeds of
their housing loan in as early as October 2018 but despite of this, defendants
have refused to pay plaintiff for services rendered and the cost of the
materials under the Contract.

Copies of the records issued by the Pag-ibig Fund Office showing the first
and second releases of the loan proceeds to the defendants are herein attached
and made an integral part hereof as “Annex F” and “Annex “G” respectively;

12. Because of defendants’ failure and refusal to pay the overdue

amount of Php 7 000 0000, plaintiff has been clearly prejudiced. He had
already complied with the services expected of him, and the project had
already been completed and finished and, yet he has not yet been fully paid.

PRAYER
WHEREFORE, plaintiffs respectfully pray that after due proceedings,
judgment be rendered in their favor by ordering the defendants to pay the
following amounts:

1. SEVEN MILLION PESOS (Php 7 000 000) representing

overdue payments which defendants ought to pay;

2. ONE HUNDRED THOUSAND PESOS (P100,000.00) by way of

moral damages;

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 3. One Hundred Twenty Thousand (Php 120 000) by way of
attorney’s fees plus P4,500 per court appearance by way of attorney's fees;
and

4. Costs of suit.

Plaintiff prays for such other relief which may be just and equitable.

Iloilo City: 2 June 2019

BASKUG LAW OFFICES

Counsel for the Plaintiff
Block 3, Lot 2 Phase 2,
Carmen J. Ledesma Village,
Baragay Tacas, Jaro,
Iloilo City, Philippines
Tel. No. (02) 817-9222 / Fax No. (02) 887-2936

By:

ATTY. JOHN MARTI MAGHOPOY

Attorney’s Roll No. 52055
PTR No. 5323550/ 01.04.16/ Iloilo
IBP (Lifetime) No. LRN-010317/Iloilo
MCLE Compliance No. V-0019654/ April 22, 2016

ATTY. KIM JOHN V. VILLA

Attorney’s Roll No. 249201
PTR No. 523910330/ 01.04.16/ Iloilo
IBP (Lifetime) No. LRN-0198201/Iloilo
MCLE Compliance No. V-0058314/ April 22, 2016

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

CTY OF ILOILO ) S.S.

x------------------------x
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 I, ENGR. DANNY B. DELICANA, Filipino, of legal age and a resident of No. 5,
First Street, Brgy. Our Lady of Lourdes, Jaro, Iloilo City, under oath, depose and
state:

1. That I am acting for and on behalf of the plaintiff in the above-

entitled case;

2. That I have caused the preparation and filing of the foregoing

Complaint;

3. That I have read and understood the contents thereof and that the
allegations therein are true and correct based on my own
personal knowledge and on authentic records;

4. That I have not heretofore commenced or filed any action or

proceeding involving the same issues in any court, tribunal, or
agency; that to the best of my own knowledge, no such action or
proceeding is pending in any court, tribunal, or agency; that
should I hereafter learn of any such pending action or proceeding,
I undertake to inform this Honorable Court of such fact within five
(5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of June
2019, in Block 3, Lot 2, Phase 2, Carmen J. Ledesma Village, Barangay Tacas, Jaro,
Iloilo City, Philippines.

___________________________
Danny B. Delicana

SUBSCRIBED AND SWORN to before me, this 2nd day of June 2019 at Block
3, Lot 2, Phase 2, Carmen J. Ledesma Village, Barangay Tacas, Jaro, Iloilo City,
Philippines, by Danny B. Delicana who personally appeared before and exhibited
to me his Professional Driver’s License No. F04-10-000662 valid until
01/01/2020, and avows under penalty of law to the whole truth of the contents
hereof.

Doc. No. ____; ATTY. KIM JOHN V. VILLA

Page No.____; Attorney’s Roll No. 249201
Book No. ___; PTR No. 523910330/ 01.04.16/ Iloilo
Series of ____. IBP (Lifetime) No. LRN-0198201/Iloilo
MCLE Compliance No. V-0058314/ April 22, 2016

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Copy Furnished:

RNDM Law Firm

Counsel for the Defendants
CPN Business Center,
Gen. Luna St., Iloilo City
Iloilo, Philippines
Tel. No. (033) 323-9999
Fax No. (033) 535-5555

By:

ATTY. VALERIE KAYE D. BINAYAS

RNDM Law Firm
CPN Business Center,
Gen. Luna St. Iloilo City
Email Address: RNDMlaw_vb@gmail.com
Tel. Nos. (033) 323 – 7236/(033) 503 - 2378
P.T.R. No. 4232378/ February 23, 2017/ Iloilo City
Lifetime IBP ID No. 643463/ May 2, 2015/ Iloilo City
Attorney’s Roll No. 52368
MCLE COMPLIANCE NO.: VI - 0043124/ June 12, 2018

ATTY. DIANNE P. MEDIANERO

RNDM Law Firm
CPN Business Center,
Gen. Luna St. Iloilo City
Email Address: RNDMlaw_dm@gmail.com
Tel. Nos. (033) 323 – 7236/(033) 503 - 2378
P.T.R. No. 4232378/ February 21, 2017/ Iloilo City
Lifetime IBP ID No. 643463/ May 5, 2015/ Iloilo City
Attorney’s Roll No. 53568
MCLE COMPLIANCE NO.: VI - 0043114/ June 12, 2018

Received by: _____________________

Date:_____________________