Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Davao City
Branch 6

ANTHONY A. MERCADO,
Plaintiff,

- versus - Civil Case No.: ___________

EMILIO G. GALACIO,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - x

MARIO A. PENDUKO,
Third-Party Plaintiff

-versus-

MARTHA A. PENDATUN,
Third-Party Defendant
x- - - - - - - - - - - - - - - - - - - - - - x

THIRD-PARTY COMPLAINT

THIRD-PARTY PLAINTIFF, through counsel, and unto his

Honorable Court, most respectfully avers:

1. That Third-Party Plaintiff is of legal age, Filipino Citizen,

with residence at B12, L14, Country Homes, Cabantian, Davao City;

2. That Third-Party Defendant is also of legal age, Filipino

Citizen, with residence address at Doors 6, ABC Building, Damosa
Complex, Lanang, Davao City, where he may be served with
summons and other processes by this Honorable Court;

3. That the Third-Party Defendant was hired by herein

Third-Party Plaintiff as a sub-agent for a Contract of Consignment
between the former and the Original Plaintiff. Attached as Annex
“1”;
 4. In the course of the business, Third-Party Defendant was
allowed to sell subject office equipment amounting to One Million
Pesos (Php 1,000,000.00);

5. That after selling said office equipment aforementioned,

Third-Party Defendant was not able to remit said amount despite
repetitive demands without just and valid cause.

PRAYER

  WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Court that, after hearing, judgment be
rendered as follows:

1. Ordering the Third-Party Defendant to remit Third-Party

Plaintiff for the cost of office equipment sold in the amount of
One Million Pesos (Php 1,000,000.00);

2. Ordering the Third-Party Defendant to indemnify the Third-

Party Plaintiff for whatever is adjudged against the latter in
favour of the said original Plaintiff.

Such other relief and remedies as may be deemed just and

equitable under the premises are likewise prayed for.

Davao City, Philippines, March 06, 2020.

SANTOALLA and Associates Law Offices

Counsel for the Petitioner
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
Tel. Nos.: (082) 282-3662
ssantoalla@yahoo.com

By:
Sgd.
ATTY. STEPHANIE M. SANTOALLA
IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
Copy Furnished: (Registered Mail)

MARTHA A. PENDATUN
Doors 6, ABC Building, Damosa Complex,
Lanang, Davao City

ANTHONY A. MERCADO
Lot 26, Blk 26, GSIS, Matina,
Davao City

EMILIO G. GALACIO
Doors 8 and 9, ABC Building,
J.P. Laurel Avenue, Lanang,
Davao City

EXPLANATION

Due to lack of manpower and time, the undersigned counsel

cannot effect personal service and is constrained to serve a copy of
the pleading through registered mail.

ATTY. STEPHANIE M. SANTOALLA

IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
Republic of the Philippines )
Davao City ) S.S.

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

  I, MARIO A. PENDUKO, of legal age, Filipino Citizen, single

and resident of B12, L14, Country Homes, Cabantian, Davao City;
after having been duly sworn to in accordance with law do hereby
depose and say:

1. That I am the Third-Party Plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing Third-Party

Complaint and have read the allegations contained therein;

3. The allegations in the said complaint are true and correct to my

own knowledge and authentic records;

4. I hereby certify that I have not commenced any other action or

proceeding involving the same issues in the Supreme Court,
Court of Appeals, or any other tribunal or agency;

5. That if I should thereafter learned that a similar action or

proceedings has been filed or is pending before the Supreme
Court, Court of Appeals, or any other tribunal agency, I hereby
undertake to report that fact within five (5) days therefrom to
the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed;

6. I executed this verification/ certification to attest to the truth of

the foregoing facts and to comply with the provisions of Adm.
Circular No. 04-94 of the Honorable Supreme Court,

          IN WITNESS WHEREOF, I have hereunto affixed my

signature this 6TH day of March 2020, in Davao City.

                                                      
MARIO A. PENDUKO
Affiant
          SUBSCRIBED AND SWORN, to before me this 6th day of
March 2020, in Davao City, affiant exhibiting to me his SSS no. 48-
09375928-5 issued at Davao City on September 2, 2017.

Doc No. _____

Page No. ____
Book No. ____
Series of 2020.