Republic of the Philippines

[REGION]
[COURT]
(Note: Proper court of jurisdiction in civil actions for damages and
actions to collect a sum of money is determined by the amount sought
to be recovered.)
[BRANCH] ______, [CITY] ___________
(Note: Actions for damages and actions to collect a sum of money
must be filed in either the residence of the plaintiff or the residence of
the defendant at the election of the plaintiff.)

[NAME]__________,
Plaintiff,
CIVIL CASE No. ___________

- versus - FOR: DAMAGES BASED ON CONTRACT

[NAME]__________,
Defendant.

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

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff and defendant are both of legal age; Plaintiff resides at [ADDRESS]
while Defendant resides at [ADDRESS] and [ADDRESS], respectively, where
they may be served with pertinent notices.

2. On [DATE], plaintiff and defendant executed a [TITLE OF THE

CONTRACT/AGREEMENT] (“Contract”/”Agreement”), for the [PURPOSE]. A
copy of the Contract/Agreement is attached as Annex “A” and made an
integral part hereof.

3. Under the Contract/Agreement, defendant undertook to [State the

obligation/s of defendant under the Contract/Agreement], viz:

[Cite specific provisions of the Contract/Agreement which pertain to

defendant’s obligation/s.]

4. Moreover, under the Contract/Agreement, defendant undertook to pay

liquidated damages of [AMOUNT] for failure to comply with his/her/its
obligations, viz:

[Cite the specific provision of the Contract/Agreement on liquidated

damages.]

5. For causes not attributable to plaintiff, defendant failed to comply with the
foregoing obligation/s. [State the facts/circumstances showing defendant’s
failure to comply with his/her/its obligations/s under the Contract/Agreement.
Attach annexes if available.]
6. Plaintiff thus demanded for the payment of liquidated damages amounting to
[AMOUNT] from defendant, pursuant to the above-quoted provision of the
Contract/Agreement.

7. Plaintiff’s demand, however, was ignored by defendant, without offering any

valid or justifiable reason.

8. Defendant’s unjustified refusal to pay the stipulated liquidated damages has

caused plaintiff mental anguish, serious anxiety, moral shock, and other
similar injury, for which defendant should be held liable to pay [AMOUNT] as
moral damages.

[Note: To be recoverable, moral damages must be capable of proof and must

be actually proved with a reasonable degree of certainty.]

9. By way of example or correction for the public good, and to deter other like-
minded individuals from trampling upon the rights of others, defendant should
be held liable to pay [AMOUNT] as exemplary damages.

[Note: Exemplary damages are proper only if plaintiff shows his entitlement
to moral, temperate or compensatory damages.]

10. By reason of defendant’s failure/refusal to pay the stipulated liquidated

damages of [AMOUNT], plaintiff was compelled to litigate, and for the
purpose, engaged the services of the undersigned law firm for a fee of
[AMOUNT] for which defendant should be held liable, including the costs of
suit.

[Note: The general rule is that such fees cannot be recovered by a successful
litigant as part of the damages to be assessed against the losing
party because of the policy that no premium should be placed on the
right to litigate.]

WHEREFORE, it is respectfully prayed that judgment be rendered ordering

defendant to pay the following sums to plaintiff:

1. [AMOUNT] – for and as liquidated damages, as stipulated in the

Contract/Agreement;
2. [AMOUNT] – for and as moral damages;
3. [AMOUNT] – for and as exemplary damages; and
4. [AMOUNT] – for and as attorney’s fees as well as costs of suit.

[CITY] ___________; [DATE] _________________________.

[SIGNATURE]
[NAME OF COUNSEL] ___________
Counsel for Plaintiff
[ADDRESS] ______________
 VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, [NAME] _____________________, of legal age, do hereby state that: I am

the plaintiff in the pleading/document entitled [PLEADING/DOCUMENT BEING
VERIFIED] ___________________ and in such capacity, caused this Complaint to be
prepared; I have read its contents and affirm that they are true and correct to the
best of my own personal knowledge; I hereby certify that there is no other case
commenced or pending before any court involving the same parties and the same
issue and that, should I learn of such a case, I shall notify the court within five (5)
days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on

[DATE]_____________.

[SIGNATURE]
[NAME] _________________

SUBSCRIBED AND SWORN TO before me in the City of _______________ on

this day of [MONTH AND YEAR]_________________, affiant exhibiting before me his
Government Issued ID no. _______________ issued on
[DATE]__________________ at [PLACE OF ISSUANCE]_____________________.

[SIGNATURE]
[NAME]_______
Notary Public

Until
[DATE]__________________
PTR No. [NUMBER] ____________
Issued at
[PLACE]______________
On [DATE]
___________________

Doc. No.
Page No.
Book No.
Series of [YEAR] ___________.