REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, Branch ____

KAREN DAVID
represented by Justine Roa,
mother and JUSTINE ROA, CIVIL CASE No. _____
pPlaintiff, For: Support and Damages with Formatted: Font: Italic, (Intl) Book Antiqua

support pendente lite

- versus -

ROBERT DAVID,
dDefendant. Formatted: Font: Italic, (Intl) Book Antiqua

x—————————————————————————————————————————————x

COMPLAINT AND PETITION FOR SUPPORT PENDENTE LITE

Plaintiff, KAREN DAVID, represented by Justin Roa and by

counsel, respectfully states:

PARTIES

1. Plaintiff is KAREN DAVID (“Plaintiff DAVID”), 5 Formatted: Indent: First line: 0.54", Tab stops: Not at
0.46"
years old, Filipino, represented by her mother JUSTINE ROA
(“Plaintiff ROAoa”), residing in #123 Poblacion St., Makati City.
Plaintiff ROA, of legal age, Filipino, with the same address as
above. Notices, orders and other court processes on plaintiffs
may be served to counsel.
2. Defendant is ROBERT DAVID (“Defendant”), of Formatted: Indent: First line: 0.54"

legal age, Filipino, father of plaintiff, residing in #3 Poblacion

St., Makati City. Notices, orders and other court processes on
defendant may be served on said address.

STATEMENT OF FACTS
3. On or about March 2005, Plaintiff ROA and Formatted: Indent: First line: 0.54", Tab stops: Not at
0.46"
Defendant had an amorous relationship.
4. On April 11, 2009, KARLA R.Plaintiff DAVID
(“Karla”) was born. Plaintiff ROAoa and Defendant David are
the parents of KarlaPlaintiff DAVID.
 5. On or about November 2012, Plaintiff ROAoa
ended the romantic relationship between herself and
RespondentDefendant.
6. Plaintiff DAVID continues to live with and is
supported by Plaintiff ROAoa.
7. From the period of November 2012 to May 2014,
Respondent Defendant failed to pay any amount for the
support of the Plaintiff DAVID without justifiable reason.
8. On April 6, 2014, Plaintiff ROAoa went to Makati
Women and Children’s Protection Desk to report Defendant for
economic abuse, which eventually resulted in the filing of a
complaint-affidavitcriminal case for Violence Against Women
and Children with the same desk.
9. On May 10, 2014, before the pre-trial, the parties
entered into a compromise agreement [(Annex A]) where
Defendant promised to pay the following amounts:
9.1. Php 5,000.00 support to be given on May 31, 2014
9.2.The succeeding monthly support of Php 5,000 will be
given every last day of the month
9.3. Php 1,000.00 per month to cover Defendant’s unpaid
balance of Php 24,000.00 covering the support he should
have paid for the past six months until the same amount
hasd been fully paid
10. Defendant paid support for the months of May to Formatted: Indent: Left: 0.44", First line: 0.56", Tab
stops: Not at 0.46"
July, as agreed.
11. Defendant failed to give support from August 2014
up to the present.
12. Plaintiff ROAoa is currently is unemployed.
13. Defendant is currently an employee at Convergys Formatted: Indent: Left: 0.44", First line: 0.56"

Call Center and has continuously been employed at various call

centers where he earns Php 45,000.00 a month.
14. Plaintiff ROAoa spends Php 3,000 per month for
the sustenance of the Plaintiff DAVID.
15. Plaintiff Roa ROA spends Php 500 per month for
the rent of an additional bed for the Plaintiff DAVID.
16. Plaintiff Roa ROA spends Php 500 per month for
the clothing of the Plaintiff DAVID.
17. Plaintiff DAVID suffers from chronic asthma.
Plaintiff Roa ROA spends Php 3,000 per month for the medical
expenses of the Plaintiff DAVID.
18. Plaintiff ROAoa spends Php 1,000 per month for the
tuition fee and school bus of the Plaintiff DAVID in ABC
Daycare Center.
 19. Plaintiff ROAoa has been distressed and has
suffered sleepless nights due to the anxiety that the lack of
finances to support herself and her daughter brings.
20. Plaintiff David has not been able to eat well, attend
school, and as a result, has been repeatedly admitted to the
Formatted: List Paragraph, Justified, Indent: Left:
0.44", First line: 0.56", Space After: 3 pt, Outline
numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.64" + Tab
after: 0.89" + Indent at: 0.89", Widow/Orphan control,
Adjust space between Latin and Asian text, Adjust
space between Asian text and numbers, Tab stops:
0.46", List tab

hospital. Formatted: Font: (Intl) Book Antiqua

19.21. .Defendant by way of example or correction for the
public good, in addition to the moral, temperate, liquidated or
compensatory damages should be liable for the plaintiffs for
exemplary damages.
Formatted: Font: (Intl) Book Antiqua
Formatted: Font: Book Antiqua, 14 pt, Font color:
Auto
Formatted: Font: Book Antiqua, 14 pt, Font color:
Auto

SUPPORT PENDENTE LITE

20.22. The ultimate facts stated in paragraphs 1 to 19 are
hereby being repleaded.
21.23. There is an urgent need for Plaintiff to be supported
while this action is pending in court because Roa can no longer
afford to provide for the basic needs of the Plaintiff.
22.24. Attached to this pleading are the following
documents to support this case:
a. Receipt from the XXX grocery store amounting to
Php 3,500, which covers the food and clothing needs
of the Plaintiff
b. Receipt from the landlord of Roa for the extra bed of
Plaintiff amounting to Php 500
c. Receipt from YYY Medical Center amounting to Php
3,000 for the medical expenses of the Plaintiff
d. Receipt from ABC Daycare Center amounting to Php
1,000 for the Plaintiff’s education

PRAYER
WHEREFORE, Plaintiff respectfully prays that the Honorable
Court Order the Defendant to pay the following amounts:
1. Php 8,000 per month for the support of Karla David
2. Php 50,000 for moral damages
3. Php 50,000 for exemplary damages
4. Php 50,000 for attorney’s fees.

Other just and equitable reliefs are also prayed for.

8 January 2016, Makati City.

COUNSEL
 Rockwell Drive
Makati City
899-76-91
MCLE 1111-11-11, 2014
PTR 222-222-222
IBP 333-333-333; Lifetime Member

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, Justine Roa, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am the mother of Karen David, the 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/ ord/or on the
basis of copies of documents and records in my
possessionauthentic records;
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.

______________________
_____
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________

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

Doc. No. ___;

Page No. ___;
Book No. ___ ;
Series of 2016.