CIVIL PROCEDURE SAMPLE PLEADING

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 7TH Judicial Region Branch 8 Cebu City Harry Potter Plaintiff, Civil Case No. 8910 -versusLord Voldemort Defendant. X--------------------------------------------------------x COMPLAINT Plaintiff, by counsel respectfully states that: 1. He is a Filipino Citizen, of legal age, single and resides at Gryffindor St., Hogwarts Cebu City. 2. Defendant is a Filipino Citizen, of legal age, single and resides at Slytherin, Dark Hollow Cebu City. 3. On January 11, 2014 he employed the services of the defendant as architect and contractor for the construction of a house at Diagon Alley, Cebu City as evidenced by the contract attached as Annex A. 4. As agreed, the defendant undertook to complete the construction of the house on September 11, 2014 without any extension or grace, with a penalty of P50,000 per week if the said construction is not accomplished on time. 5. As a first cause of action, on September 11, 2014 the construction of the house was still incomplete as it remained unpainted, the doors and windows were not installed and the plumbing and electrical system was not completely set up.

6. As a second cause of action, from being unable to complete the construction on time there were large cracks on the walls and broken tiles. 7. As a result, he demanded the defendant to accomplish the construction, and repair the wall cracks and broken tiles. 8. The defendant refused claiming that he is no longer liable as the period of the contract has expired. 9. Due to such refusal, the dispute was referred to the Lupong Tagapamayapa, but the parties failed to arrive at a settlement. 10.On the account of the defendant’s refusal to complete the construction of the house , plaintiff was compelled to initiate the suit and hire the services of counsel for the amount of Php 120,000.00. PRAYER WHEREFORE, it is respectfully prayed that a judgment be rendered ordering the defendant: 1. To complete the construction of the house within one month, and to repair the damaged walls and floors; 2. To pay the penalty in the sum of Php 200,000.00 with legal interest. 3. To pay for actual damages worth Php 100,000.00 4. To pay the costs of the suit and attorney’s fees for the amount of Php 120,000.00 5. To pay for other just and equitable remedies under the premises. Done this 7th day of January 2015 in Cebu City, Philippines.

ATTY. HERMOINE GRANGER Counsel for Plaintiff Notary Public PTR No. 143, March 23, 2014

IBP Lifetime No. 123940, March 23, 2014 Roll No. 143 MCLE No. 8910 TIN No. 876-089-224 CTC No. 832847024, March 23, 2014.

REPUBLIC OF THE PHILIPPINES ) CITY OF CEBU

) S.S.

VERIFICATION/CERTIFICATION I, HARRY POTTER, Filipino citizen, of legal age, single and a resident of Gryffindor St., Hogwarts Cebu City, Philippines after having been sworn in accordance with law do hereby depose and say that: 1. I have caused the preparation of this complaint; 2. I have read all the contents and allegations thereof and acknowledge that the same is true and correct of my knowledge and belief; 3. I hereby certify that I have not commenced any other action or proceedings involving the same issue in any court, tribunal or quasi-judicial agency, that to the best of my knowledge no action or proceeding is pending in any court, tribunal or quasi-judicial agency; that if there are any such action or proceeding which is either pending or terminated, I must state the status thereof; and that if I should thereafter learn that a similar action has been filed or pending before any court, tribunal or quasi-judicial agency , I

undertake to report the fact within five(5) days therefrom to the court or agency wherein the original pleading and sworn certification completed herein have been filed. IN WITNESS WHEREOF, I have hereto affixed my signature on this 7th day of January 2015 in the City of Cebu, Philippines.

(SGD.)HARRY POTTER Affiant/ Plaintiff