Republic of the Philippines

Municipal Trial Court

National Capital Judicial Region
Branch 34, Manila

ROLANDO C. BATO,
Plaintiff Civil Case No. 020197
For: Collection of a sum of
money

-versus-

BOB U. UY,
Defendant
x-----------------------------------------x

COMPLAINT

I, ROLANDO C. BATO, of legal age, a Filipino citizen and a resident of

Legarda Place, Sampaloc Manila, 1008 Metro Manila, after having been
sworn in accordance with law do hereby depose and say:

1. That I am the owner of KKK Bicycle Shop located at #416 Earnshaw

St. Sampaloc, Manila, Metro Manila.

2. That herein Defendant, Mr. Bob U. Uy is of legal age, Filipino, a

resident at 535 1st St., Mendiola, San Miguel, Manila, where he could
be served with summons and other processes of the court.

3. That on December 21, 2016, Mr. UY and I had entered into a contract
of sale, where I sold a limited edition BMC teamelite 01 XTR Di2
Mountain Bike to Mr. UY, for the total amount of FORTY THOUSAND
PESOS ONLY (PHP 40,000.00). Copy of the Contract of Sale is
herein attached as ANNEX A

4. That on the same date, Mr. UY issued and signed a promissory note
in the amount of FORTY THOUSAND PESOS (PHP 40,000.00)
payable to the me on March 8, 2017 in consideration thereof for the
bicycle. Copy of the promissory note is herein attached as ANNEX
B
 5. That on March 8, 2017, I made an extrajudicial written demand for the
payment of the promissory note pursuant to the agreement on our
Contract of sale. Such demand letter is herein attached as ANNEX
C

6. That on March 10, 2017, Mr. UY wrote me a letter refusing to pay the
amount payable, because there was a defect on the bicycle. Such
letter is herein attached as ANNEX D

7. That it is expressly provided in our Contract of Sale (ANNEX A) that

the period of availing the warranty is only Two (2) months, hence
such remedy has already lapsed.

8. That on March 21, 2017, I sent to the respondent another demand

letter but there was no reply. Copy of the demand letter is herein
attached as ANNEX E

9. That I checked the status of the demand letters I sent if it reached the
defendant through the website of the postal company I used in
sending such letters. And it showed that all letters had been delivered
hence giving Mr. UY no excuse or whatsoever. A screenshot from
their website is herein attached as ANNEX F

10. That the obligation of the respondent is long overdue and

demandable and is therefore considered in default after receiving
several demands and is liable for damages under Article 1170 of the
Civil Code where it states that:

Art. 1170. Those who in the performance of their obligations are

guilty of fraud, negligence or delay, and those who in any manner
contravene the tenor thereof, are liable for damages.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court

that after due hearing, judgment be rendered in favor of the Plaintiff and
against the Defendant in this manner:

1. Ordering the defendant to pay Petitioner the full amount of FORTY

THOUSAND PESOS ONLY (PHP 40,000.00) Philippine currency.
2. Ordering the Respondent to pay the Cost of the suit.

Plaintiff likewise prays for such other and further relief or reliefs, as the
Honorable Court may deem just and equitable in the premises.
 Atty. Juan Dela Cruz
IBP No. 827847, 6/8/11, City of Manila
PTR No. 576784, 6/8/11, City of Manila
Attorneys Roll No. 374435
MCLE Compliance No. 11-0989699
MCLE Compliance No. 111-006969

VERIFICATION/CERTIFICATION OF NON-FORUM SHIPPING

I, Rolando C. Bato, Filipino, of legal age with address at Legarda Place,

Sampaloc Manila, 1008 Metro Manila after having been duly sworn on
accordance with law depose and say:

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

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

read the allegations therein and certify that the same are true and
correct of my own personal knowledge;

3. That I further certify that I have not commenced any other action
involving the same issues before the Supreme Court, Court of Appeals
or any division thereof or any tribunal or agency; and to the best of my
knowledge no such action is pending before the Supreme Court, Court
of Appeals or any division thereof or any tribunal or agency;

4. That in the event that any action involving the same should be made
known, I hereby bind myself to report the same within five (5) days
from knowledge thereof to this Honorable Court.

WITNESS THEREOF, I hereunto set my hand this 17th day of JUNE

2017 in the City of Manila, Metro Manila, Philippines.

ROLANDO C. BATO
Plaintiff

SUBSCRIBED AND SWORN to before me, the undersigned

prosecutor, this 17th day of JUNE 2017, in the City of Manila, Philippines.
 The undersigned certifies that he personally examined the affiant and
that he is satisfied that he voluntarily executed and understood his complaint-
affidavit.

ATTY. HARVEY STEVE

Notary Public

Doc. No. __________

Page No. __________

Book No. __________

Series of 2017
 ANNEX A

CONTRACT OF SALE

AGREEMENT made this 21st day of December, 2016, between ROLANDO C. BATO
(hereinafter "seller") and BOB U. UY (hereinafter "Purchaser").

1. The Property. The Seller has agreed to sell and the Purchaser has agreed to buy the
following personal property:

- Limited Edition BMC teamelite 01 XTR Di2 Mountain Bike

2. Purchase Price. The purchase price for the property described in paragraph 1 above
shall be FORTY THOUSAND PESOS (P40,000.00) and shall be paid as follows:

(a) PROMISSORY NOTE; TO BE PAID ON MARCH 8, 2017

3. Warranties of the Seller. The Seller hereby warrants and represents to the Purchaser
that:

(a) The Seller owns and has good and marketable title to the property being conveyed
herein, free and clear of any pledges, liens, judgments, encumbrances, security
interests, claims or contract rights, and further promises and covenants to refrain from
so encumbering same from the date of execution of this agreement until closing and
therefore grants the warranty of two (2) months from the date of purchase to return
the product for possible replacements or fixes in case of defects

IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first above written.

ROLANDO C. BATO BOB U. UY

Seller Purchase
 ANNEX B

Quezon City, Philippines

P40, 000.00

December 21, 2016

PROMISSORY NOTE

FOR THE ITEM RECEIVED, I promise to pay ROLANDO C. BATO the amount of Forty
Thousand Pesos (P40, 000.00) on March 8, 2017.

(Sgd.) Bob U. Uy
 ANNEX C

March 8, 2017

Mr. Bob U. Uy
535 1st St., Mendiola
San Miguel, Manila

Dear Mr. Uy,

On December 21, 2017, we entered into a contract of sale for the purchase of my
limited edition bicycle. You executed a promissory note for the payment of such bicycle
in the amount of Forty Thousand Pesos (P40, 000.00) on this day.

With all due respect, I therefore demand the payment of the Forty Thousand Pesos that
is due and demandable.

Thank you and God Bless.

Sincerely,

Rolando C. Bato
 ANNEX D

March 10, 2017

Mr. Rolando C .Bato

Legarda Place, Sampaloc Manila
1008 Metro Manila

Dear Mr. Bato,

Im sorry to inform you but I am not willing to pay for the agreed amount because the
bicycle you sold to me is defective and therefore useless. If you will replace the unit with
a different one then I may reconsider to pay.

Thank you

Sincerely,

Mr. Bob U. Uy
.
 ANNEX E

March 21, 2017

Mr. Bob U. Uy
535 1st St., Mendiola
San Miguel, Manila

Dear Mr. Uy,

On December 21, 2017, we entered into a contract of sale for the purchase of my
limited edition bicycle. You executed a promissory note for the payment of such bicycle
in the amount of Forty Thousand Pesos (P40, 000.00) on this day.

With regards to your previous letter dated on March 10, 2017, Im sorry to inform you
but it is expressly provided in our agreement that you can only claim for Two (2) months
after the purchase date. Non objection after the prescribed period is deemed a waiver to
claim the warranty.

With all due respect, I therefore demand the payment of the Forty Thousand Pesos
again because it is already due and demandable. Failure to pay will force me to file a
civil action against you.

Thank you and God Bless.

Sincerely,

Rolando C. Bato
ANNEX F