Republic of the Philippines SECOND JUDICIAL REGION REGIONAL TRIAL COURT Branch 2 Tuguegarao City, Cagayan

MILAGROS SEGUNTO Plaintiff, -versusANDRES BARCENA, Jr., Defendant. x----------------------------------x COMPLAINT

CIVIL CASE NO. ___ For: SUM OF MONEY

COMES NOW, PLAINTIFF, through the undersigned counsel and to this Honorable Court, most respectfully alleges that:

1. Plaintiff, MRS. MILAGROS B. SEGUNTO of legal age, married to MR. ENRIQUE C. SEGUNTO, JR., is a sole proprietor of Segunto Aluminum and Glass Supplies, duly registered and existing under and by virtue of the Philippine Laws with principal business address at #3 Balzain Highway, Tuguegarao City within the jurisdiction of this Honorable Court and where she may be served with summons, notices, orders and other court processes; 2. Defendant, ANDRES BARCENA, Jr., of legal age, married to WILMA BARCENA, with residential address at #45 Balzain Highway, Tuguegarao City where he may be served with summons, notices, orders and other court processes; 3. Plaintiff is primarily engaged in the business of distribution and installation of aluminum and glass supplies; 4. Sometime on January 10, 2012, Defendant contracted the services of Plaintiff for the supply and installation of aluminum and tinted glass windows, for a total consideration of ONE MILLION PESOS (P1,000,000.00); copy of said contract is hereto attached as Annex A and made an integral part thereof; 5. Defendant, upon signing of the contract, paid the amount of SIX HUNDRED THOUSAND PESOS (P600,000.00) which is the agreed partial payment, the balance to be paid upon full delivery of the supplies and complete installation of the window glasses; 6. Plaintiff completely delivered and completed the installation of the aluminum and tinted glass windows within the stipulated time frame copy of the delivery receipt and proof of completion of services are hereby attached as Annexes B & C; 7. Due to insufficiency of funds, the defendant executed a Promissory Note dated March 10, 2012, a copy of which is attached herewith as Annex D; 8. Defendant however defaulted to pay on the date the defendant promised to pay which is within 5 days from the execution of the promissory note; 9. Plaintiff, upon default of payment, sent a demand letter asking the Defendant to make good his promise to pay the balance amounting to FOUR HUNDRED THOUSAND PESOS (P400,000.00), copy of which is herein attached as Annex E, together with the registry receipt numbered 00 ,hereby attached as Annex F; 10. Despite such written demand, Defendant still failed to pay thereby prompting the Plaintiff to bring the matter before the Lupong Tagapamayapa;

11. Before the Lupong Tagapamayapa, both parties executed an agreement to the effect that the Defendant again promised to pay the obligation, a copy of which is hereby attached as Annex G; and 12. Despite such agreement, Defendant still failed to make good his promise to pay thus prompting Plaintiff to secure a Certificate to File Action, a copy of which is attached herewith as Annex H, for the filing of this complaint.

PRAYER WHEREFORE, premises considered, Plaintiff most respectfully prays of this Honorable Court that after due hearing, judgment be issued and rendered in favor of Plaintiff and against Defendant, ordering the Defendant as follows: 1. To pay the amount of P400,000.00 as balance of the contract price plus interest at the legal rate thereon until fully paid; 2. To pay an amount equivalent to 15% of the amount due, as and by way of attorneys fees plus P5,000.00 per court appearance; and 3. To pay costs of suit. Other reliefs and remedies as are just and equitable under the premises are likewise prayed for. Tuguegarao City, November 21, 2012.

ATTY. RICHARD L. SUYU 2ND Floor Laggui Bldg., Caritan Centro, Tuguegarao City MCLE Compliance No. III IBP No. 111508 Issued on Dec. 31, 2008 PTR No. 2513329 Issued on Jan. 2, 2003 Roll No. 16423

VERIFICATION

I, MILAGROS B. SEGUNTO, after having been sworn in accordance with law, hereby depose and say that: 1. I am the sole proprietor of SEGUNTO ALUMINUM AND GLASS SUPPLIES, the plaintiff in the above-entitled case; 2. I caused the preparation of the foregoing complaint; 3. I have read the same and the contents contained therein are true and correct to the best of my own knowledge. IN WITNESS WHEREOF, I have hereunto affixed my signature this 21st day of November 2012 in Tuguegarao City.

MILAGROS B. SEGUNTO Affiant SUBSCRIBED AND SWORN to before me this 21st day of November in Tuguegarao City, affiant exhibited to me her Community Tax Certificate No. CCI 2011 issued on January 5, 2012 at Tuguegarao City, Cagayan.

ATTY. RICHARD L. SUYU 2ND Floor Laggui Bldg., Caritan Centro, Tuguegarao City MCLE Compliance No. III IBP No. 111508 Issued on December 21, 2008 PTR No. 2513329 Issued on Jan. 2, 2003

CERTIFICATION OF NON-FORUM SHOPPING

I, Milagros B Segunto, of legal age, after having been duly sworn in accordance with law, depose and state that:

1. I am a 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/or on the basis of copies of documents and records in my possession; 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.

MILAGROS B. SEGUNTO Affiant

SUBSCRIBED AND SWORN to before me this 21st day of November in Tuguegarao City, affiant exhibited to me her Community Tax Certificate No. CCI 2011 issued on January 5, 2012 at Tuguegarao City, Cagayan.

ATTY. RICHARD L. SUYU 2ND Floor Laggui Bldg., Caritan Centro, Tuguegarao City MCLE Compliance No. III IBP No. 111508 Issued on December 21, 2008 PTR No. 2513329 Issued on Jan. 2, 2003

CONTRACT OF SALE AND SERVICE

Know all men by these presents: This agreement, made and entered into in the City of Tuguegarao, this 10th day of January 2012, by and between ANDRES U. BARCENA, Jr., client, of legal age, resident of #45 Balzain Highway, Tuguegarao City, hereinafter referred to as the FIRST PARTY, and MILAGROS SEGUNTO, also of legal age and resident of #3 Balzain Highway, Tuguegarao City, hereinafter called the SECOND PARTY. WITNESSETH; 1. That for and in consideration of the sum of ONE MILLION PESOS (P1,000,000.00), which the FIRST PARTY agrees to pay unto the SECOND PARTY, the said SECOND PARTY agrees to supply and install to the FIRST PARTY aluminum with tinted glass windows with specifications as follows: 100 pcs. 4 x 6 color brown aluminum sliding window with tinted brown glass 50 pcs. 7 x 8 color brown aluminum sliding window with tinted brown glass

2. That the SECOND PARTY shall make a partial payment to the amount of SIX HUNDRED THOUSAND PESOS (P600,000.00) upon signing of this contract, the balance to be paid upon complete delivery of the abovementioned supplies and completion of the installation; 3. That the SECOND PARTY agrees to finish the installation on or before March 10, 2012. IN WITNESS WHEREOF, the parties have hereunto set their hands this 10 th day of January, 2012 at Tuguearao City, Cagayan.

ANDRES U. BARCENA, Jr. First Party

MILAGROS B. SEGUNTO Second Party

SIGNED IN THE PRESENCE OF:

MYLES DEL ROSARIO Witness

LILIAN MARASIGAN Witness

Acknowledgment
REPUBLIC OF THE PHILIPPINES ) PROVINCE OF CAGAYAN ) SS CITY OF TUGUEGARAO ) Before me, this 10th day of January 2012 in the City of Tuguegarao, Province of Cagayan, Philippines, personally appeared Mr. Andres U. Barcena, Jr. and Mrs. Milagros B. Segunto, with Community Tax Certificates Nos. CCI 2011 06809963 and CCI 2011, respectively, both issued at Tuguegarao City on January 1, 2012 and January 5, 2012 respectively, known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their free act and deed.

IN WITNESS HEREOF, I have here unto set my hand and affixed my notarial seal, the day, year and place above written.

ATTY. DENNIS C. SAQUING Notary Public My Commission expires on Dec.31,2012 Not. Reg. No. 001 Page 001; Book 001; Series of 2012

SUYU LAW AND NOTARIAL SERVICES 2ND Floor Laggui Bldg., Caritan Centro, Tuguegarao City

March 16, 2012

MR. ANDRES U. BARCENA, JR. #45 Balzain Highway, Tuguegarao City Sir; This is in connection with the contract you entered into with the business of my client Segunto Aluminum and Glass Supplies located at #3 Balzain Highway, Tuguegarao City last January 10, 2012, to which you executed a promissory note for your failure to tender full payment on the date of the completion of the installation and full delivery of the supplies on March 10, 2012. Since you promised to pay the said amount on or before March 15, 2012, you are hereby requested to pay the said amount. Failure to do so would constrain my client to file a proper action before the court.

ATTY. RICHARD L. SUYU

Republic of the Philippines Province of Cagayan CITY OF Tuguegarao Barangay Balzain OFFICE OF THE LUPONG TAGAPAMAYAPA Barangay Case No. 2012-001 For: Collection of Sum of Money

Mr. Milagros B. Segunto Complainant against

Mr. Andres Barcena, Jr. Respondent CERTIFICATION TO FILE ACTION

This is to certify that: 1. There has been a personal confrontation between the parties before the Punong Barangay/Pangkat ng Tagapagkasundo; 2. That a settlement was reached but the defendant failed to comply with his promise to pay the amount as demanded by the complainant ; 3. Therefore, the corresponding complaint for the dispute may now be filed in Court. This 26th day of October, 2012 at Barangay Balzain, Tuguegarao City, Philippines.

Certified:

MRS. JUANA DELA CRUZ Lupon Secretary

Attested:

BRGY. CAPTAIN VINCENTE ROXAS Lupon Chairman

AGREEMENT

KNOW ALL MEN BY THIS PRESENTS: This AGREEMENT is made and executed this 25th day of May 2012 at Balzain, Tuguegarao City by and between: Milagros B. Segunto, complainant in Barangay Case No. 2012-001 for Collection of Sum of Money and Mr. Andres Barcena, Jr. Respondent;

WITNESSETH; 1. That the Respondent admitted that he owes the complainant the amount of Four Hundred Thousand Pesos ( P400,000.00) as balance for the payment of the purchase and installation of aluminum with tinted glass windows in his apartment, to which he executed a promissory note on March 10, 2012 but defaulted payment thereof; 2. That respondent promised to pay said amount after 30 days from the signing of this agreement; 3. That the complainant will file a proper action in court in case the respondent still fails to settle the matter within the agreed period. IN WITNESS WHEREOF, the parties have hereunto set their hands this 25th day of May, 2012 at Balzain, Tuguegarao City.

MILAGROS B. SEGUNTO Complainant

ANDRES U. BARCENA, JR. Respondent

SIGNED IN THE PRESENCE OF:

JUANA DELA CRUZ Witness

HON. VINCENTE ROXAS Witness

Republic of the Philippines Tuguegarao City, ) s.s. Cagayan

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AFFIDAVIT

I, Myles del Rosario, 34 years old, married, resident of #24 Taft Street, Tuguegarao City, Cagayan, after having sworn in accordance with law, do hereby depose and state THAT:

1. I have been hired as an installer of aluminum frame and glass windows by Segunto Aluminum and Glass Supplies owned by Mrs. Milagros B. Segunto; 2. That I have been working as an installer since April 5, 2002 at the same establishment; 3. That I was given a job order to personally deliver the materials consisting of aluminum and glass supplies at #45 Balzain Highway, Tuguegarao City, Cagayan on January 20, 2012 and to install the same at the apartment owned by Mr. Andres U. Barcena, Jr.; 4. That the materials were delivered to and received by Mr. Andres U. Barcena, Jr. on January 20, 2012 as evidenced by a Delivery Receipt. 5. That with the help of another co-employee, Mr. Ricardo Santos, we were able to install the said aluminum and glass supplies to the three-storey house of Mr. Barcena, Jr. to his satisfaction as evidenced by Proof of Completion of Services dated March 10, 2012. 6. That prior to March 10, 2012, I previously installed aluminum frame and glass windows several times at the other buildings owned by Mr. Barcena, Jr. and the same were done to his satisfaction. I executed this affidavit to attest the truthfulness of the foregoing facts and to support the filing of Civil Case against MR. ANDRES U. BARCENA, JR.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 21ST day of November, 2012 at Tuguegarao City, Cagayan.

MYLES DEL ROSARIO Affiant

SUBSCRIBED AND SWORN to before me this 21st day of November 2012, at Tuguegarao City, Cagayan. I HEREBY CERTIFY that I have personally examined the herein affiant and I am satisfied that he voluntarily executed and understood his given affidavit.

ATTY. RICHARD L. SUYU 2ND Floor Laggui Bldg., Caritan Centro, Tuguegarao City MCLE Compliance No. III IBP No. 111508 Issued on December 21, 2008 PTR No. 2513329 Issued on Jan. 2, 2003

Not. Reg. No. 001 Page 001; Book 001; Series of 2012

Republic of the Philippines Tuguegarao City, ) s.s. Cagayan

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AFFIDAVIT

I, Lilian Marasigan, 36 years old, married, resident of #87 Santol Street, Panacal Village, Tanza, Tuguegarao City, Cagayan, after having sworn in accordance with law, do hereby depose and state THAT:

1.

I have been hired as a purchasing officer by Segunto Aluminum and Glass Supplies owned by Mrs. Milagros B. Segunto;

2. That I have been working as a purchasing officer since November 17, 2008 at Segunto Aluminum and Glass Supplies. 3. That I was present at the time when the Contract of Sale and Service on the delivery and installation of aluminum and glass supplies was signed by Mrs. Milagros Segunto and Mr. Andres U. Barcena, Jr. on January 10, 2012 at Tuguegarao City, Cagayan. I executed this affidavit to attest the truthfulness of the foregoing facts and to support the filing of Civil Case against MR. ANDRES U. BARCENA JR.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 21ST day of November, 2012 at Tuguegarao City, Cagayan.

LILIAN MARASIGAN Affiant

SUBSCRIBED AND SWORN to before me this 21st day of November 2012, at Tuguegarao City, Cagayan. I HEREBY CERTIFY that I have personally examined the herein affiant and I am satisfied that he voluntarily executed and understood his given affidavit.

ATTY. RICHARD L. SUYU 2ND Floor Laggui Bldg., Caritan Centro, Tuguegarao City MCLE Compliance No. III IBP No. 111508 Issued on December 21, 2008 PTR No. 2513329 Issued on Jan. 2, 2003

Not. Reg. No. 002 Page 002; Book 001; Series of 2012

SEGUNTO ALUMINUM AND GLASS SUPPLIES VAT Reg. TIN-914 -9769600 #3 Balzain Highway, Tuguegarao City, Cagayan

PROOF OF COMPLETION OF SERVICE

TO WHOM IT MAY CONCERN:

This to certify that the services contracted by the undersigned from Segunto Aluminum and Glass Supplies for the installation of aluminum with tinted glass windows has been completed on March 10, 2012 as agreed upon by the parties.

This certifies further that the installed windows were to the satisfaction of the undersigned and in accordance with the designs and specifications.

Done this 10th day of March 2012 at Tuguegarao City, Cagayan.

ANDRES U. BARCENA, Jr.

PROMISSORY NOTE

I, Mr. Andres U. Barcena, Jr., do promise to pay Mrs. Milagros B. Segunto, sole proprietor of Segunto Aluminum and Glass Supplies, the sum of FOUR HUNDRED THOUSAND PESOS (P400,000.00) on or before March 15, 2012, as full payment for the contract price amounting to ONE MILLION PESOS (P1,000,000.00) in consideration of the supply of Aluminum Metal Frames and tinted glass windows and the installation of the same to my apartment. Signed,

MR. ANDRES U. BARCENA, Jr. March 10, 2012