Complaint Breach of Contract DRAFT

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIRST JUDICIAL REGION Branch 6 Baguio City

CIVIL CASE No. A002-4345

DARLY LON V. IGLESIA, Plaintiff,

FOR: Damages for Breach of Contract

-versusLAST 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 3 rd 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. X ========================= X 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 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. th

Melanie Ayodoc Notary Public

Doc. No. 73; Page No.15; Book No. 1; Series of 2015.

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 IBP Lifetime Membership No. 0821057; Baguio-Benguet MCLE No. III-0001178, 07-27-11 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: