REPUBLIC OF THE PHILIPPINES

REGIONALTRIALCOURT OF BATANGAS
FOURTH JUDICIAL REGION
BRANCH_____
BATANGAS CITY

REBECCA Z. BELO,
Plaintiff.
CIVIL CASE NO.____________
--versus--
For Collection of Sum of Money

FRIDA Y. CALAYAN,
Defendant.
x------------------------------------------x

COMPLAINT

PLAINTIFF, thru counsel, to this Honorable Court respectfully

alleges that:

The Parties

1. Plaintiff is a Filipino, single, of legal age, and resident of Mypa

Building, Diego Silang Street, Batangas City;

2. Defendant is also a Filipino, married, of legal age, and resident of 678

Rizal St., Lipa City where she may be served with summons and other
court processes;

The Facts

3. Defendant and plaintiff entered into an agreement embodied in a

contract executed in Batangas City on October 1, 2013, a copy of
which is attached as ANNEX “A” and made an integral part of this
complaint, whereby, for the amount of TWO MILLION FIVE
HUNDRED THOUSAND PESOS (Php2,500,000.00), the defendant
would deliver to the plaintiff one (1) unit of SUCTIOFAT-1000 laser

Page 1 of 5
 slimming machine to be used in the latter’s dermatology clinic in
Batangas City;

4. As agreed upon in the contract, plaintiff paid the down payment on

October 3, 2013 amounting to ONE MILLION PESOS
(Php1,000,000.00), for which the defendant promised to deliver the
laser slimming machine within the next seven (7) days and plaintiff
promised to pay the remainder of the purchase price amounting to
ONE MILLION FIVE HUNDRED THOUSAND (Php1,500,000.00)
upon completion of the delivery. A copy of acknowledgment of
receipt of the down payment is attached as ANNEX “B” and made an
integral part of this complaint;

5. Despite receipt of the down payment and repeated demands from

plaintiff, both oral and written, defendant failed to deliver the laser
slimming machine. A copy of plaintiff’s demand letter is attached as
ANNEX “C” and made an integral part of this complaint;

6. Due to the failure of defendant to deliver the machine, plaintiff was

unable to upgrade her clinic which resulted in unrealized profits from
December 2013 to March 2015 amounting to THREE MILLION
FIVE HUNDREDS THOUSAND PESOS (Php3,500,000.00);

7. The instant case is not covered by the Katarungang Pambarangay

Law;

8. By reason of defendant’s unreasonable and unjustified refusal to

comply with his obligation, plaintiff was compelled to engage the
services of counsel to vindicate his rights thereby committing himself
to pay legal expenses amounting to ONE HUNDRED FIFTY
THOUSAND PESOS (Php150,000.00).

Page 2 of 5
 Prayer

WHEREFORE, plaintiff respectfully prays of this Honorable Court

that judgment be rendered annulling the contract entered into by and
between plaintiff and defendant, and ordering defendant to pay the plaintiff:

1. The sum equivalent of the down payment amounting to ONE

MILLION PESOS (Php1,000,000.00) plus legal interest;

2. The sum of THREE MILLION FIVE HUNDREDS THOUSAND

PESOS (Php3,500,000.00) as lost earnings from December 2013 to
March 2015;

3. The sum of ONE HUNDRED FIFTY THOUSAND PESOS

(Php150,000.00) as Attorney’s Fees; and

4. The costs of this suit.

Plaintiff also prays for such other relief or remedy as the Honorable
Court may deem just and equitable in the premises.

Batangas City, 05 May 2015.

RICO P. BLANCO
Counsel for Plaintiff
Attorney’s Roll No.: 97507
IBP No.: 62609‐01/03/13
PTR No.: 31612‐01/03/13
MCLE Compliance No.: IV‐0001003

Page 3 of 5
 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, REBECCA Z. BELO, of legal age, after having been duly sworn in

accordance with law, depose and state that:

I am the plaintiff in the foregoing complaint;

I caused the preparation of the foregoing complaint;

I have read the contents thereof and the facts stated therein are true
and correct of my own personal knowledge, as well as true and correct on
the basis of authentic documents and records in my possession;

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;

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;

If I should hereafter 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 hereunto set my hand this 5th day of May

2015 at Batangas City.

REBECCA Z. BELO
Affiant

Page 4 of 5
 SUBSCRIBED AND SWORN TO before me this 5th day of May
2015 at Batangas City affiant having exhibited to me her CTC No. 1434456
issued on 12 January 2015 at Batangas City.

RICO P. BLANCO
Notary Public
Attorney’s Roll No.: 97507
IBP No.: 62609‐01/03/13
PTR No.: 31612‐01/03/13
MCLE Compliance No.: IV‐0001003

Doc. No. 3
Page No. 45
Book No. VI
Series of 2015

Page 5 of 5