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REPUBLIC OF THE PHILIPPINES

Regional Trial Court


City of Makati

Clement Yu,
Plaintiff,

- versus-
Civil Case No. ABCD-0001
For: Damages for breach of
contract

Joe Castillo
Defendant
x---------------------------------------x

COMPLAINT

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

PLAINTIFF, by and through the undersigned counsel, respectfully alleges


as follows:
1. Plaintiff is of legal age, single, Filipino citizen and a resident of ABC
St., Alphabet Blvd., Taguig City;

2. Defendant, Joe Castillo, is of legal age, single, Filipino citizen and a


resident of 123 St., Number Ave., Makati City, where he may be
served with summons and process of this Honorable Court;

3. That the Plaintiff and Defendant entered into a contract, a Joint


Venture Agreement, to engage in the restaurant business under the
name and style Joes Bistro;
Attached is the photocopy of the Joint Venture Agreement
marked as Annex A;

4. That it was agreed that defendant undertake construction of the


restaurant which shall begin on November 5, 2015, to be completed
by April 15, 2016;

5. That Defendant did not finish construction of the restaurant as


stipulated in the contract;

6. That permits were not secured in time for the opening of the
restaurant;
7. That the agreed opening date of the restaurant (June 15, 2016) was
delayed for Two (2) months;

8. That on August 15, 2016, when Joes Bistro opened, Defendant


refused to work;

9. That a demand letter was sent on August 16, 2016 for the
Defendant to fulfill his obligations under the contract but all efforts
served futile;

10.That Plaintiff found out that Defendant has partnered up with


George to set up another restaurant business;

11. By reason the facts and circumstances stated above, defendant has
breached the contract;

12. Due to the abandonment of the restaurant by Defendant, Mr. Yu


has suffered loss of income from limited kitchen operations;

13. Mr. Yu has also suffered mental anguish and serious anxiety;

14. As a result of of the breach of contract, Petitioner had to hire


another chef to takeover the kitchen;

15. That the contract includes stipulations in case of breach wherein


Mr. Yu will be indemnified by Mr. Castillo against losses, liabilities
and expenses incurred;

16. Defendants wanton abandonment of the restaurant project has


caused harm to Plaintiff which should be curtailed and prevented in
the future;

17. Consequently, Plaintiff was constrained to engage the services of


counsel to whom it obligated itself to pay as Attorneys Fees the
aount equivalent to TWENTY FIVE PERCENT (25%) of the total
amount to be adjudged in favor of plaintiffs, and the costs of this
suit.

PRAYER

WHEREFORE, the above premises considered, it is respectfully


prayed of this Honorable Court after hearing on the merits, that:

a. Defendant be ordered to pay for moral damages for the amount


of THREE MILLION PESOS (P3,000,000.00);
b. Defendant be ordered to pay actual damages for the amount of
TWENTY MILLION PESOS (P20,000,000.00);
c. Defendant be ordered to pay lost income from actual rental of the
condominium unit for the amount of TWO MILLION TWO
HUNDRED FIFTY THOUSAND PESOS (P2,250,000.00);
d. Defendant be ordered to pay exemplary damages for the amount
of FIVE MILLION PESOS (P5,000,000.00);
e. Defendant be ordered to pay Attorneys Fees of the total amount
to be adjudged in favor of plaintiff;
f. Defendant be ordered to pay the cost of this suit; and the
g. Rescission of the Joint Venture Agreement executed on October
2, 2015.

Other reliefs just and equitable under the premises are likewise
prayed for.

Respectfully submitted this 18th day of September 2016, done in the


City of General Trias, Cavite, Philippines.

Name of Lawyer
Not yet counself for Plaintiff
The Law Firm
REPUBLIC OF THE PHILIPPINES}
DONE: IN THE CITY OF GENERAL TRIAS} S.S.
X==============================X

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, CLEMENT YU, after having been duly sworn in accordance with


law, depose and state that:
1. I am a resident of ABC St., Alphabet Blvd., Taguig City;
2. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
4. 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;
5. 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;
6. 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.

IN WITNESS WHEREOF, I have hereunto signed this verification this


18th day of September, 2016.

Clement Yu
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 200_ at


_________________ affiant exhibiting to me his _______________________________
No.____________________ issued on ________________ 200_ at ______________ City.

Doc.
Page.
Book.
Series of 200_.

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