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Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch ____ Tagum City, Davao del

orte

D!"#$ D C$$P%R"T!&%, Plaintiff,

C!&!' C"(%

$) _______

*versus*

+or, (-# $+ #$ %. " D D"#"/%(

+R-T!- !, Defendant) 0*********************************0

COMPLAINT

C$#%( $1, Plaintiff, through the undersigned counsel, to this 2onorable Court, most respectfully alleges, T2"T,

1) Plaintiff is a cooperative of C"RP beneficiaries organi3ed and e0isting under Philippine la4s and registered 4ith the Cooperative Development "uthority 5CD"6 under Registration o) 178, 4ith office at #ani9i, :apalong, Davao del orte 4here notice and other legal processes may be served) "ttached is a machine copy of its ;C%RT!+!C"T% $+ R%/!(TR"T!$ < o) =8> dated #arch 7?, 7@@? as Annex A hereofA

!t is duly represented herein by its /eneral #anager, :!# /"'" /"'" andBor by its Board Chairman 1% D%' % "D, pursuant to a Board Resolution o) C, (eries of 7@@D of the Board of Directors of the plaintiff) "ttached as Annex B hereof is the #achine Copy of the said Board ResolutionA
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7) Defendant, a corporation e0isting and organi3ed under the Philippines la4s, is engaged in banana e0portation 4ith principal office at Panacan, Davao City 4here summons and other legal processes may be servedA

8) (ometime on January 8@, 7@@D, plaintiff and defendant entered into a banana purchase agreement 4herein the defendant shall be the sole buyer of the plaintiffEs bananas) "mong the salient features of their purchase agreement 4ere,

a) +rutiuni has to buy the class ;"< bananas of Diamond Cooperative at the guaranteed price ranging from -)() F 8)?@ per bo0 to -)() F =)C@ per bo0 depending on mar9et demand)

b) The contract 4as for five years beginning January 8@, 7@@D)

c) There is ho4ever a provision in the contract that 1 year from the e0piration of the contract 4hich is on January 8@, 7@18, the parties have > months to negotiate the rene4al of the same, and failure on the part of the parties to agree for the rene4al of the contract, any of the party shall serve a notice of termination of the contract at least five months from its e0piration 4hich is January 7@18)

"ttached as Annex C hereof is the machine copy of the said banana purchase "greement)

=) +or failure to agree on the rene4al, the plaintiff served a 4ritten notice of termination to the defendant on July 8@, 7@17A

?) -pon receipt by the defendant of the notice of termination, it reduced the usual price of the bananas delivered by the plaintiff from the usual -)() F =)C@ to -)() F 8)?@ per bo0 4hich price shall continue up to January 8@, 7@18 the une0pired period of the contract to the damage of the plaintiff) "ttached as Annexes D and ;E hereof are the billing for the prices of -)() F =)C@ and -)() F 8)?@ respectivelyA

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>) Through a research conducted by the personnel of the plaintiff, it 4as found out that there 4ere three other neighboring cooperative areas in :apalong and Panabo 4hich have similar mar9eting agreement 4ith the defendant) "ll of them had rene4ed their mar9eting agreement 4ith the defendant and the latter is buying their Class ;"< bananas of the same Guality 4ith that of the plaintiff at the highest price stipulated in the contract 4hich is -)() F =)C@) "ttached as Annexes F, F-1, F-2 are the machine copies of the banana purchase agreements of the other three neighboring cooperativesA

C) -pon inGuiry 4ith the accounting departments of the three neighboring cooperatives, the heads of the said department have attested that indeed their prices for the Class ;"< bananas 4ere never reduced by the defendant contrary to 4hat it did in the case of the plaintiffA

C) There is an evident bad faith on the part of the defendant in reducing the usual price of the bananas delivered by the plaintiff due to the termination of the banana purchase agreement 4ith the defendantA

D) Plaintiff has already lost its trust and confidence 4ith the defendant because of the aforecited acts of disloyalty, breaches, violations and manifest ungratefulness of the defendantA

H) "s a result of the defendantEs act, the plaintiff suffered actual damages in the amount of +!&% 2- DR%D +!+T. T2$-(" D 5P ??@, @@@) @@6 P%($( due to the malicious reduction of the usual price of the bananas delivered by the plaintiff from the usual -)()F =)C@ to -)() F 8)?@ per bo0 to the damage and preIudice of the plaintiffA

1@) The defendant deliberately failed or refused to pay the aforesaid amount despite repeated demands from plaintiff as evidenced by a letter of demand, copy of 4hich is attached hereto as Annex GA

11) Due to the unla4ful refusal of the defendant to pay its obligation to the plaintiff, plaintiff 4as constrained to engage the services of counsel to assist in recovering said amount and to protect its interests, 4ith an agreed attorneyEs fee on contingent basis of t4enty*five percent 57?J6 of the total obligation or the sum of $ % 2- DR%D T2!RT.*(%&% T2$-(" D +!&% 2- DR%D 5P 18C, ?@@)@@6 P%($( and appearance fee of $ % T2$-(" D +!&% 2- DR%D 5P 1, ?@@)@@6 P%($( per court appearance of the plaintiffEs counselA

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17) Due to unla4ful and unIustified refusal of the defendant to pay plaintiff, the latter has incurred 5prior to the filing of this case6 e0penses for collection as of (eptember 7?, 7@17 in the sum of +!+T%% T2$-(" D 5P 1?, @@@)@@6 P%($(A

18) !n the preparation and filing of this complaint, plaintiff has incurred an e0penses in the sum of T% T2$-(" D 5P 1@, @@@)@@6 P%($( and further additional e0penses during the pendency of this case)

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this 2onorable Court, after due notice and hearing, Iudgment be rendered against defendant,

1) $rdering defendant to payBreimburse plaintiff the follo4ing,

a) "ctual damages in the amount of +!&% 2- DR%D +!+T. T2$-(" D 5P ??@, @@@) @@6 P%($(A b) The cost of attorneyEs fee eGuivalent to t4enty*five percent 57?J6 of the total obligation or the sum of $ % 2- DR%D T2!RT.*(%&% T2$-(" D +!&% 2- DR%D 5P 18C, ?@@)@@6 P%($(A

c) %0penses of collection prior to the filing of this case in the sum of +!+T%% T2$-(" D 5P 1?, @@@)@@6 P%($(A

d) %0penses for the preparation and filing of this complaint in the sum of T% T2$-(" D 5P 1@, @@@)@@6 P%($( and other e0penses that 4ill be incurred during the pendency of this case, plus cost of litigationA

7) Plaintiff further prays for such other reliefs and remedies as to the 2onorable Court may appear to be Iust and eGuitable under the premises)

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Tagum City, Davao del

orte) $ctober 1?, 7@17)

DIAMOND COOPERATIVE Plaintiff

Represented by,

IM GALA GALA /eneral #anager

WENDEL ENAD Board Chairman

"ssisted by,

(T) T2$#"( '"1 $++!C%( Tagum City, Davao del orte

By, IAN M! ENTERINA


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Counsel for the Plaintiff !BP 'ifetime #ember o) 1111 Roll o) >?@@@

#C'% Compliance o) !&*@@@@=1?*17*H*1@

VERIFICATION AND CERTIFICATION

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1e, IM GALA GALA and WENDEL ENAD , after having been duly s4orn to in accordance 4ith la4, do hereby depose and state that, 1e are the /eneral #anager and Board Chairman respectively of Diamond Cooperative, the plaintiff in the above*entitled caseA 1e have caused the preparation of the foregoing complaintA The allegations contained herein are true and correct of our personal 9no4ledge or authentic recordsA $ther than the instant case at bar, 4e have not commenced any other action or proceeding involving the same issues before the (upreme Court, the Court of "ppeals or different Division s thereof, or any other tribunal or agency, and that to the best of our 9no4ledge, no such action or proceeding is pending in the (upreme Court, the Court of "ppeals or different Division thereof, or any other tribunal or agency, and that if other than the complaint at bar, 4e should have learned that a similar action or proceeding has been filed or is pending before the (upreme Court, the Court of "ppeals or different Division thereof, or any other tribunal or agency, 4e 4ill notify this 2onorable $ffice of the same 4ithin five 5?6 days from such otice) ! 1!T %(( 12%R%$+, 4e have hereunto set our hands this 1@ th day of December 7@17 at Tagum City, Davao del orte)

IM GALA GALA "ffiant T! , 17777 (-B(CR!B%D " D (1$R Tagum City, Davao del orte

WENDEL ENAD "ffiant T! , 888888 T$ B%+$R% #% this 1? th day of $ctober 7@17 at

Doc) o) 1 Page o )7

, ,

IAN M! ENTERINA otary Public -ntil Dec) 81, 7@17 PTR o) @DD8CH> Tagum CityA 1*?*7@17 T! , H77*>@D*C=D #C'% Compliance o)
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Boo9 o) !!! , (eries of 7@17)

!&*@@@@D?@, 17*1@*1@

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