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Republic of the Philippines REGIONAL TRIAL COURT 11TH Judicial Region Branch 30 Tagum City

DETERMINED RESOURCE INC. duly represented herein by its President and General Manager Mr. Orugodio Nagwalta Uttawa Plaintiff,

- Versus CIVIL CASE NO.: 032-14 FOR: Sum of Money, Damages, Attorneys Fee, With Prayer For Issuance of Writ of Preliminary Attachment ABSCONDIOR MARKETING DEVELOPMENT CORPORATION Defendant x----------------------------x

Plaintiff DETERMINED RESOURCE INC., by counsel, respectfully alleges that:

1. It is a duly license corporation existing, in accordance with Philippine laws. Its principal office is situated at Madrasto Building, Bonifacio Street, Tagum City, Philippines; and for purposes of this suit, is represented herein by its President and General Manager Mr. Orugodio Nagwalta Uttawa, of legal age, Filipino and a resident of Esmeralda Subdivision, Barangay Canocotan, Tagum City, Philippines; 2. Defendant is likewise a corporation duly organized and existing under the Philippine laws with principal office at Terra Vera Building,

Rizal Street, Tagum City, Philippines where it may be served with summons and court processes; 3. Parties herein have capacity to sue and be sued; 4. Plaintiff is engaged in the business of contracting/sub-contracting for Road Works, General Engineering Consultancy and Building Constructions; 5. On August 14, 2013, two (2) Contracts of Undertaking (Annexes A and B hereof) were entered into by the parties for the construction of: (1) Road Development and Rehabilitation of: a) Andap Intersection to Sawa Bridge [(7 km. length) x (6 m. wide) x (0.20 m thickness)] ; and b) Reef-Wrapping of portions of Liego River by the Sawa Bridge [2 sides x (1 km length) x (6 m slope) x (0.30 m thickness); and (2) Reinforces Concrete Piping along the road adjoining Andap Intersection to Sawa Bridge.The Scope of Work are more particularly described as follows to wit: ROAD Development/Rehabilitation Works 1. 2. 3. 4. 5. 6. 7. 8. 9. 1. 2. 3. 4. 5. 6. 7. Mobilization and Clearing of the Site Provision of Heavy and Light Duty Equipments Surplus Unclassified Excavation Embankment Filing Sub-grade preparation Preparation of Aggregate and Sub-base Course Compaction Works Final Tapping and Grading Demobilization and Clearing Works Reinforced Concrete Pipes/Culvert Laying Works Mobilization and Clearing of Site Provisions of Heavy and Light Duty Equipments Structure Excavation Setting of Reinforced Concrete Pipes Stone Masonry Constructions of Wiring Walls Demobilization and Clearing Works

6. Pursuant to the said contract, plaintiff shall be paid an amount of Ten Million Six Hundred Thousand (Php 10,600,000) pesos; 7. On September 30, 2013, all aforesaid projects were completed by the plaintiff (attached as Annex C and D are the Certificate of Completion attested to by the plaintiffs representative; 8. As such, on October 10, 2013, plaintiff issued a Final Billing (Annex E) to the defendant for the latters unpaid balance amounting to Eight Million Seven Hundred Thousand (Php 8,700,000) Pesos; 9. Despite repeated demands for the aforesaid amount (attached Annexes F and G are Demand Letters dated November 28 and December 15, 2013) defendant unreasonably refuse to settle the same to the damage and prejudice of the plaintiff 10. Worse, defendant has made it appear that the aforesaid projects are still incomplete despite the fact that even its officers have certified to their completion and the same being utilized by moving vehicles as well as the residents of the area; 11. Under the circumstance, plaintiff was thus compelled to engage the service of counsel for a fee in order to take appropriate legal action and protect its interest, thereby incurring actual damages by way of attorneys fees and appearance fees, in addition to other incidental litigation expenses and costs of suit which may be incurred hereon; 12. Needless to emphasize, defendants dealing with the plaintiff, is tainted with bad faith as is characterized with fraud or deceit by way of unreasonable refusing to honor a just and valid obligation. Consequently, awards of actual damages in favor of plaintiff are further warranted; 13. In the meantime, a writ of preliminary attachment is requested to be issued herein so as to prevent defendant from removing and transferring its properties and thus escaping its lawful responsibilities to the plaintiff.

WHEREFORE, premises considered, plaintiff prays that after due trail, the Honorable Court render judgment ordering that: 1. Defendant fully pay its unpaid accounts amounting to P 8,700,000.00 pesos; 2. Award in favor of the plaintiff: a. Attorneys fees in the amount of P500,000.00 and appearance fee of P5,000.00 for every hearing; and b. Litigation expenses of P500,000.00 3. A writ of preliminary attachment be forthwith issued; and 4. Other relief and remedies as may be deemed just and equitable under the premises.

Tagum City, Philippines, 4th of January, 2014

OTAZA and TATAD LAW OFFICE Counsel for the Plaintiff 3rd Street, Magtangol Boulevard Tagum City

By: PATRICK TATAD Roll No. xxxx-xx MCLE Complaince No. III-xxxx-01, 2014 PTR No.: xxxx-xx IBP No.: xxxx-xx Tel No.: (084)-xxxx-xx Fax No.: (084)-xxxx-xx Tagum City

REPUBLIC OF THE PHILIPPINES) CITY OF TAGUM . . . . . . . . . . . . .) s.s.


I, ORUGODIO NAGWALTA UTTAWA, of legal age, Filipino and resident of Canocotan, Tagum City, Philippines, after having been sworn to in accordance with law hereby depose and states that:

1. I am the President, General Manager and Authorized Representative of DETERMINED RESOURCE INC.; 2. I have caused to be prepaired the foregoing COMPLAINT and have read and known the contents thereof and the allegations thereof are true and correct based on my personal knowledge and records in my possession; 3. Plaintiff has not heretofore commenced any action or filed any claim involving the same issue before the Supreme Court, the Court of Appeals or in the different division thereof, or in any other court, tribunal or quasi-judicial agency; 4. Based on my personal knowledge no such action or claim is pending before the aforementioned courts, tribunal or quasijudicial agency; 5. If ever I should learn hereafter that a similar action or claim has been filed or is pending before any court, tribunal or quasi-judicial agency, I shall, within five (5) days from knowledge thereof, immediately inform this Honorable Court of such fact. IN WITHNESS WHEREOF, I have hereunto affixed my signature this 4th day January, 2014 at Tagum City, Philippines.


SUBSCRIBED AND SWORN to before me this 4th of January, 2014 at Tagum City, Philippines, affiant exhibited to me his Official Drivers License Number: XX-4234-0453.

BOB OTAZA Notary Public

Doc. No.__________ Page No.__________ Book No.__________ Series of 2014.