RTC- City of Malolos, Bul.

Mendoza v. Alvaro
Complaint
x - - - -- - - - - - - - - - - - - - - - - x

Republic of the Philippines

Third Judicial Region
Regional Trial Court v
City of Malolos, Bulacan

PERSEVIRANDA CRUZ
MENDOZA, doing
business in the name
and style of CMCM
FEEDS SUPPLY &
VETERINARY CENTER,
Plaintiff,

CIVIL CASE NO. ___________

-versus- For: Collection of
Sum of
Money and
Damages
ROBIELYN ALVARO,
joined by his husband,
JOHN DOE
Defendant.
x- - - - - - - - - - - - - - - - - - -
--x

Complaint
COMES NOW, Plaintiff, by and through undersigned
counsel, respectfully states that:

THE PARTIES

1. Plaintiff is the sole proprietor of CMCM Feeds

Supply and Veterinary Center, with principal office address
at New Public Market, J.P. Rizal St., Poblacion, Sta. Maria,
Bulacan, where it may be served with summons and other
legal processes from this Honorable Court.

A copy of the DTI Certificate of CMCM Feeds

Supply and Veterinary Center is hereto attached as Annex
A.

2. On the other hand, Defendant is a Filipino,

married, of legal age, and with residence at No. 090 Sitio
Landicho, Balasing, Sta. Maria, Bulacan, where she may be

1
 RTC- City of Malolos, Bul.
Mendoza v. Alvaro
Complaint
x - - - -- - - - - - - - - - - - - - - - - x

served with summons and other legal processes from this

Honorable Court.

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

3. On several occasions, the Defendant received

various agricultural and veterinary products from the Plaintiff
which totalled to FOUR HUNDRED EIGHTY SEVEN
THOUSAND TWO HUNDRED TEN PESOS (P487,201.00).

Copies of the Sales Invoices are hereto attached

as Annexes B to B-__.

4. On 06 May 2013, the Defendant paid the Plaintiff

in the measly amount of Twenty Thousand Seven Hundred
Pesos (P20,700.00) and issued a check with a face value of
Forty Four Thousand Seven Hundred Pesos (P44,700.00)
which was not encashed by the Plaintiff because of
misrepresentation of the Defendant that she would still yet
fund the same.

5. All in all, the Defendant incurred a total obligation

to the Plaintiff in the amount of FOUR HUNDRED FORTY
SIX THOUSAND FIVE HUNDRED TEN PESOS
(P446,510.00), which remains to be unpaid as of the filing
hereof.

6. It was also agreed upon that overdue accounts will

accrue an interest of 24% per annum.

7. Consequently, Plaintiff sent a Demand for Payment

to the Defendant on 18 January 2016.

A copy of the Demand Letter for Payment dated

18 January 2016 is hereto attached as Annex C and the
corresponding Registry Receipt No. 812 as Annex D.

8. The matter was referred to the Barangay of ___

but no settlement was reached upon by both parties.
Consequently, a Certificate to File Action was issued.

2
 RTC- City of Malolos, Bul.
Mendoza v. Alvaro
Complaint
x - - - -- - - - - - - - - - - - - - - - - x

A copy of the Certificate to File Action is hereto

attached as Annex E.

CAUSES OF ACTION

First Cause of Action

Actual and Compensatory Damages

9. Plaintiff repleads the foregoing allegations.

10. Considering the foregoing, it is very clear that the

Defendant must be made to pay to the Plaintiff the amount
FOUR HUNDRED FORTY SIX THOUSAND FIVE
HUNDRED TEN PESOS (P446,510.00), exclusive of
interest.

Second Cause of Action

Exemplary Damages

11. Plaintiff repleads the foregoing allegations.

12. As an example to others and correction for the

public good and so as like-minded individuals as Defendant
do not escape their civil liabilities, exemplary damages must
also be assessed against Defendant in the sum of at least
P50,000.00.

Third Cause of Action

Attorneys Fees

13. Plaintiff repleads the foregoing allegations.

14. Due to said acts of Defendant herein complained

of and in order to enforce its plainly just and valid claims and
to protect its rights and interests, Plaintiff was compelled
and constrained to litigate and incur costs and is entitled to
P50,000.00 for attorneys fees.

3
 RTC- City of Malolos, Bul.
Mendoza v. Alvaro
Complaint
x - - - -- - - - - - - - - - - - - - - - - x

Prayer

WHEREFORE, premises considered, it is most

respectfully prayed unto this Honorable Court that after
appropriate proceedings, judgment be rendered as follows:

1. Ordering Defendant to pay

Plaintiff the amount of FOUR
HUNDRED FORTY SIX THOUSAND
FIVE HUNDRED TEN PESOS
(P446,510.00) plus 24% per annum
interest from 18 January 2016 as
actual and compensatory damages;

2. Ordering Defendant to pay

Plaintiff Fifty Thousand Pesos
(P50,000.00) as and by way of
exemplary damages;

3. Ordering Defendant to pay

Plaintiff the amount of Fifty Thousand
Pesos (P50,000.00) for attorneys fees

4. Ordering Defendant to pay the

cost of suit.

Such other relief and remedies as may be available

under the circumstances are likewise prayed for.

City of Malolos, Bulacan, ________________.

ANIAG LAW OFFICE

For the Plaintiff
nd
2 Level Midtown Building, Paseo del Congreso,
Catmon, City of Malolos, Bulacan
aniaglaw@gmail.com
Telefax 044 794 37 26

4
 RTC- City of Malolos, Bul.
Mendoza v. Alvaro
Complaint
x - - - -- - - - - - - - - - - - - - - - - x

By:

MARK ANTHONY V. ANIAG

Roll No. 56973
IBP Lifetime No. 011330 Malolos
PTR No. 3315985 / 01-06-2015 Malolos
MCLE No. V-0000416 / 08-29-13