Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Quezon City, Branch _____

ABC PROMOTIONS, INC.,

Plaintiff,

CIVIL CASE NO. __________

- versus - FOR: Sum of Money
with
Damages

XYZ FOODS CORPORATION,

Defendant.
x-----------------------------------------------------x

COMPLAINT

NOW COMES PLAINTIFF ABC PROMOTIONS,

INC.,through the undersigned counsel, and unto this Honorable
Court, most respectfully states THAT:

1. Plaintiff ABC PROMOTIONS, INC. is a corporation

duly organized and existing by virtue and operations of
Philippine laws and with principal place of business at No.
123,East Avenue, Quezon City, where it may be served with
notices and other processes of this Honorable Court. For this
complaint, plaintiff is represented by JOSE GARCIA as
evidenced by the hereto attached Secretarys Certificate, copy
of which is hereto attached as Annex A.

2. On the other hand, defendant XYZ FOODS

CORPORATION is likewise a corporation duly organized and
existing by virtue and operations of Philippine laws and with
principal place of business at No. 456 Plainview, Mandaluyong
City. Service of summons may be made through defendants
PRESIDENT in the person of PAUL PEREZ with address at No.
456 Plainview, Mandaluyong City.

3. Plaintiff is engaged in the business of providing

manpower services including promotional merchandisers. And it
is in this course of business that it got acquainted with herein
defendant which, on the other hand, is engaged in the business
of repacking of oatmeal products in the Philippines.
 Page 2 of 6

4. Sometime in September 2012, plaintiff and

defendant entered into a Service Agreement wherein the
plaintiff will provide manpower services to the defendant
wherein the former is obliged to do the following duties and
functions, among others, thus:

a.) To promote the merchandises of the defendant.

b.) Maintain an effective system of controlling

quality of merchandise using the FIRST-IN,
FIRST- OUT (FIFO) method of inventory control;

c.) Report and monitor defendants product

inventories

d.) Convey all information, requirements and

comments which may be relayed to them by
their respective Supervisors/Department Heads/
or customers;

e.) Perform any other related activities that may

from time to time be assigned.

5. In consideration of the above duties, defendant

agreed to pay plaintiff the amount of THREE HUNDRED THIRTY
THOUSAND TWO HUNDRED FORTY SIX PESOS & 53/100 (PhP
330,246.53).

Copy of the said Service Agreement as well as the

pertinent Annexes is hereto attached as Annex B.

6. After rendering the aforementioned services for the

defendant from September 15, 2012 to March 9, 2014,
defendant unjustifiably failed to pay the plaintiff.

7. In fact, the Statement of Account shows that as of

June 29, 2015, defendant has an unpaid obligation to the
plaintiff in the amount of TWO HUNDRED NINETY NINE
THOUSAND ONE HUNDRED EIGHTY SIX PESOS & 23/100 (PhP
299,186.23), inclusive of the stipulated 3% interest. Copy of the
said Statement of Account is hereto attached as Annex C.

8. Plaintiff then made several demands, verbal and

written, for the defendant to settle its obligation in full but to no
 Page 3 of 6

avail. The last being the sending of a demand letter dated July
15, 2015 unto the defendant, a copy of which is hereto
attached as Annex D.

9. Records would show that defendant received the said

demand letter as evidenced by the Registry Return Card, copy
of which is hereto attached as Annex D-1. But despite receipt
thereof, defendant completely ignored the same and continued
to refuse to pay its obligation to the plaintiff.

10. Because of the said unjustifiable refusal by

defendant to pay its plainly just, valid and demandable
obligation to plaintiff, defendant should likewise be liable to pay
a twelve per cent (12%) interest per annum counted the date of
filing of the complaint until the obligation is fully paid.

11. Further, in view of the defendants willful, unjustified

and continued failure and/or refusal to pay its outstanding, long
overdue and unpaid obligation, plaintiff was constrained to
engage the services of the undersigned counsel in order to
protect its rights and legally prosecute the present action for
the recovery of said unpaid obligation for a fee equivalent to
THIRTY THOUSAND PESOS (PhP 30,000.00) as and by way
of attorneys fees, and an appearance fee of TWO THOUSAND
FIVE HUNDRED PESOS (PhP 2,500.00) for every court
hearing which expenses should be reimbursed by defendant to
plaintiff. This is in addition to the costs of suit the amount of
which to be determined later on.

PRAYER

WHEREFORE, it is most respectfully prayed that, after

due hearing of this case, judgment be rendered against the
defendant, ORDERING it to pay the plaintiff the following:

a. Actual damages representing the principal loan

obligation in the amount of TWO HUNDRED
NINETY NINE THOUSAND ONE HUNDRED
EIGHTY SIX PESOS & 23/100(PhP 299,186.23)
as of June 29, 2015 plus the legal rate of 12%
interest per annum computed from the date of
filing until the obligation is fully paid;

b. Thirty Thousand Pesos (PhP 30,000.00) as

and by way of attorneys fees as well as
 Page 4 of 6

appearance fee of Two Thousand Five Hundred

Pesos (PhP 2,500.00) for every court hearing;
and

c. Costs of suit.

OTHER RELIEFS AND REMEDIES, just and equitable

under the circumstances, are likewise prayed for.

RESPECTFULLY SUBMITTED this 18th day of December,

2016 at Mandaluyong City for QUEZON CITY.
GARCIA & PAVOREAL Law Firm
Counsel forthe Plaintiff
Units 1 and 2, Lee Gardens Condominium
Shaw Blvd., MandaluyongCity
Tel. No. 756-4321
Website: www.g&p-law.com

By:

ELDRIN PAUL GARCIA

PTR No. 123467/1-04-16/Mandaluyong City
IBP No. 2000000/1-05-16/Manila III
Roll No. 70000
MCLE Compliance No. V-0001891/4-30-14
 Page 5 of 6

VERIFICATION AND CERTIFICATION

I, JOSE GARCIA, of legal age, Filipino, and with office address

at No. 123, East Avenue, Quezon City, after having been sworn
to in accordance with law hereby depose and state that:

1. I am the authorized representative of the Plaintiff in

the above-entitled Complaint;

2. I have caused the preparation of the foregoing

Complaint;

3. I have read and understood the Complaint and that

the allegations therein are true and correct of my
personal knowledge and belief as well as based on
authentic records.; and

4. There is no other action or proceeding involving the

same issues is pending in the Supreme Court, Court of
Appeals or different divisions thereof, or in any other
branch of the Regional Trial Court, and that to the best
of my knowledge, no such action or proceeding is
pending in the Supreme Court, or any tribunal or
agency. If I should learn that a similar action or
proceeding has been filed or is pending before the
Supreme Court, Court of Appeals, or different divisions
thereof, any other branch of the Regional Trial Court, or
any other tribunal or agency, I shall notify this Court
within five (5) days from such notice.

IN WITNESS WHEREOF, I have set my hand this 18th day of

December, 2016 at Mandaluyong City.
 Page 6 of 6

JOSE GARCIA
Affiant

SUBSCRIBED AND SWORN before me this 22nd day of August,

2016 at Mandaluyong City, affiant exhibiting to me his
Competent Evidence of Identity which is a SSS ID with No.00-
123456-5, bearing his photograph and signature.

Doc. No. _____;

Page No. _____; NOTARY PUBLIC
Book No. _____;
Series of 2016.