REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch 6
Baguio City

DARLY LON V. IGLESIA, CIVIL CASE No. A002-4345

Plaintiff,

-versus- FOR: Damages for Breach of

Contract
LAST FRONTIER CONSTRUCTION CORP.,
Defendant.
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COMPLAINT

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

PLAINTIFF, by and through the undersigned counsel, respectfully

alleges as follows:

1. Plaintiff is of legal age, married, and a resident of Rm. 03 3rd

Floor Ina Mansions, Kisad Road, Baguio City;

2. Defendant, Last Frontier Construction Corp., is a corporation

duly organized and existing under Philippine Laws, having its
principal office at Rm. 2A Antipolo Building, Session Road,
Baguio City;

3. That the plaintiff herein desired to build a house, as a present to

his then fiancé and for the purpose of moving in with his future
wife after their wedding on June 12, 2014, thus he availed of the
services of the defendant. He and the company president, Mr.
Noel Sison, discussed the needs and specifications for the
project. He was assured by Mr. Sison that the house will be
finished before the wedding;

4. On February 14, 2013, Mr. Iglesia and Last Frontier Construction

Corp. entered into a written agreement for the construction of a
2 storey house located in 21 Bokawkan Road, Baguio City.
Pursuant thereto, Mr. Iglesia agreed to pay the sum of P
1,000,000.00 for the project. He made a down payment of
P500,000.00 on the same day, with the balance to be due upon
completion of the house. Herein defendant agreed to build the
 house in accordance of plaintiff design and instructions for the
aforesaid price and to complete the work on or before June 12,
2013;

5. That on April 04, 2013, while the construction of the house was
half finished, Mr. Noel Sison, the company president requested
to the plaintiff a break from the construction of the house for his
employees to have break for the holy week which Mr. Iglesia
permitted but with the assurance from Mr. Sison’s that the
construction will resume after the holidays;

6. Defendant failed to resume the construction of the house after the

holy week as it had promised. Mr. Iglesia made numerous calls,
sent several letters and even personally visited the defendant’s
office to remind them of the contract but the defendant did not
respond and wantonly abandoned the half finished project thus
on June 12, 2013 herein defendant failed to finish the project as
agreed upon;

7. A demand letter was sent on July 12, 2013 and another on August
15, 2013 for the defendant to complete the house construction or
to reimburse the down payment but all effort served futile;

8. By reason of the facts and circumstances stated above, defendant

has breached the contract;

9. Due to the abandonment of the project by Last Frontier

Construction Corp., Mr. Iglesias has suffered mental anguish,
serious anxiety, and strain relationship with his wife;

10. Unable to move in to the new house, petitioner had to pay rental
fees for the total of P45,000 from June until September of 2014,
which would not have been incurred had Last Frontier
Construction Corp. fulfill its obligation;

11.As a result of the breach of contract, Petitioner had to hire another

construction company with an excess cost of P500,000 just to
finish the house;

12.That the contract includes stipulations for liquidated damages for

failure to complete work, wherein the Contractor is to pay the
Owner liquidated damages equivalent to the One-Tenth of One
Percent (1/10 of 1%) of the Contract Price per calendar day of
delay until completion, delivery and acceptance of the said
Works by the OWNER to a maximum amount not to exceed
10%;

13. Considering the urgency of his changing status, the Plaintiff

would have not obtained the services of the Defendant, if the
 Defendant had not assured him of timely completion of the
house;

14.Defendant’s wanton abandonment and inducement of unreliable

on-time and fast completion of the construction project has
caused harm its client, which should be curtailed and prevented
in the future;

15.Consequently, Plaintiff was constrained to engage the services of

counsel to whom it obligated itself to pay as Attorney's Fees the
amount equivalent to TWENTY FIVEPERCENT (25%) of the
total amount to be adjudged in favor of plaintiffs, and the costs
of this suit.

PRAYER

WHEREFORE, the above premises considered, it is

respectfully prayed of this Honorable Court after hearing on the merits, that:

a. Defendant be ordered to pay for moral damages for the amount

of FIFTY THOUSAND PESO (P50,000);
b. Defendant be ordered to pay actual damages for the amount of
FIVE HUNDRED FORTY FIVE THOUSAND (P545,000)
c. Defendant be ordered to pay liquidated damages for the amount
of ONE HUNDRED THOUSAND PESOS (P100,000)
d. Defendant be ordered to pay exemplary damages for the amount
of ONE HUNDRED THOUSAND PESOS (P100,000)
e. Defendant be ordered to pay attorney’s fees in an amount
equivalent to TWENTY FIVE PERCENT (25%) of the total
amount to be adjudged in favor of plaintiffs;
f. Defendant be ordered to pay the costs of this suit.

Other reliefs just and equitable under the premises are likewise prayed
for.
 Respectfully submitted this 12th day of January 2015, done in the City
of Baguio, Philippines.

Frechie Lacmaan
Counsel for Plaintiff
Rm. 105 Patria de Baguio Bldg,
Upper Session Rd., Baguio City
PTR No. 024/Baguio City/12-31-15
Roll of Atty. No. 74570
IBP Lifetime Membership No. 832
MCLE Compliance No. 0826

REPUBLIC OF THE PHILIPPINES }

DONE: IN THE CITY OF BAGUIO } S.S.
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VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, DARLY LON V. IGLESIA, after having been duly sworn to in

accordance with law, hereby depose and state:

1. That I am a resident Rm. 03 3rd Floor Ina Mansions, Kisad Road,

Baguio City;
2. That I have caused the preparation and filing of the foregoing
Complaint;
3. That I have read the contents thereof and that the allegations therein
are true and correct of my own personal knowledge and or based on
true and authentic records and documents;
4. That I hereby certify that I have not filed the same or similar action
or proceeding against the herein Defendants before any court or
tribunal in the Philippines or abroad. If I should learn that a similar
action or proceeding against the herein Defendants has been filed or
is pending before any other court or tribunal, I shall notify the court
within five (5) days from such notice.

IN WITNESS WHEREOF, I have hereunto signed this verification

this 12th day of January 2015.

DARLY LON V. IGLESIA

 Affiant

SUBSCRIBED AND SWORN to before me in the City of Baguio this

th
12 day of January 2015 by DARLY LON V. IGLESIA, who has
satisfactorily proven her identity to me through her Professional Driver’s
License No. A01-45789valid until November 28, 2017, that she is the same
person who personally signed the foregoing affidavit before me and
acknowledged that she executed the same.

Melanie Ayodoc
Notary Public
Until December 31, 2015
Unit 3A, 3rd Floor, Porta Vaga Building,
Session Road, Baguio City
(074) 422-3287/ 09276435749
PTR No. 108083; 1-9-12/Baguio City
Roll of Attorney No. 101114; 1-9-12/
Baguio City
Doc. No. 73; IBP Lifetime Membership No. 0821057;
Page No.15; Baguio-Benguet
Book No. 1; MCLE No. III-0001178, 07-27-11
Series of 2015. Commission Serial No. 75-NC-11 (R)
TIN: 922-596-319
Team: Special Force

Topics:
Defendant – Buy Bust Operation
Plaintiff - Damages for Breach of Contract

Members / Task: