REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT QUEZON CITY BRANCH ___
GOURMET ACADEMY, ACADEMY, INC. SYLT FIRST GOURMET Plaintiff, versu ver sus s
CIVI CIVIL L CASE NO. ___ ________ _____ FOR: SUM OF MONEY
MARIA THERESA GA RCIA THERESA G. GARCIA Defendant. x-------------------------------------------------x
COMPLAINT (for Sum of Money) PLAINTIFF SYLT FIRST GOURMET GOURMET ACA ACADEMY, DEMY, INC. INC.,, through the undersigned counsel and unto this Honorable Court, most respectfully avers:
1. Plaintif Plaintifff is a domestic corporation organized and existing under and by virtue of the laws of the Philippines, with office address at Capitol Greenstreet Building, Capitol Hills Golf Clubhouse, Capitol Hills Drive, Old Balara, Quezon City.
2. Plaintiff is represented in this Complaint by its Culinary Loo,, as shown by the Secretary’s Certificate Director, Mr. Mats V. Loo executed to that effect which is attached herewith and made an integral part hereof as Annex “A.” “A.”
3. Plaintif Plaintifff may be served with summons and other processes of this Honorable Court through the undersigned firm at the address hereunder stated.
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4. Defendant is of legal age, Filipino citizen, and with residence address at Unit 4 Emilia Bldg., North Belton Communities, Tandang Sora Sangandaan, Quezon Sangandaan, Quezon City where said Defendant may be served with summons and other processes of this Honorable Court.
CAUSE(S) OF ACTION 5. Plaintif Plaintifff is primarily an educational institution dedicated to provide high quality culinary education to its students until they graduate as chefs with culinary experiences grounded in theoretical and practical skills recognized by the interna international tional culinary industry.
6. On 20 July 2017, Defendant enrolled with Plaintiff and undertook a Diploma Course entitled International International Diploma in Culinary Form is hereto Arts and Baking an and d Pastries . Defendant’s Application Form attached and made an integral part hereof as Annex “B.” “B.”
7. In Plaintiff’s culinary school, students may pay their tuition fees in three different modes of payments. Defendant opted to pay her tuition fee in ten (10) monthly equal installments. Defendant’s Defendant ’s total tuition and fees is Three Hundred Fifty Thousand Pesos Pesos (P350,000.00). Thus, upon enrolment, Defendant paid the amount of Thirty Five Thousand Pesos (P35,000.00) as her initial payment.
8. Regarding the remaining balance of Three Hundred Fifteen Thousand Pesos (P315,000.00), Defendant opted to pay in nine (9) monthly equal instalments with the following schedule of payments: Due date
Amount
28 July 2017 24 August 2017 24 September 2017 24 October 2017 24 November 2017 24 December 2017 24 January 2018 24 February 2018 24 March 2018
P35,000.00 P35,000.00 P35,000.00 P35,000.00 P35,000.00 P35,000.00 P35,000.00 P35,000.00 P35,000.00
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9. The following checks were issued by Defendant in favor of Plaintiff: a. b. c. d. e. f. g. h. i.
PSBank PSBank PSBank PSBank PSBank PSBank PSBank PSBank PSBank
Check NO. Check NO. Check NO. Check NO. Check NO. Check NO. Check NO. Check NO. Check NO.
02065521 for P35,000.00 02065532 for P35,000.00 02065543 for P35,000.00 02065554 for P35,000.00 02065565 for P35,000.00 02065576 for P35,000.00 02065617 for P35,000.00 02065628 for P35,000.00 02065609 for P35,000.00
for 28 July 2017 for 24 Au8gust 2017 for 24 September 2017 for 24 October 2017 for 24 November 2017 for 24 December 2017 for 24 January 2018 for 24 February 2018 for 24 March 2018
10. Defendant also issued a Promissory Note10 in favor of the Plaintiff covering the said installment payments.
11. After the enrollment of Defendant with Sylt First Gourmet Academy, Defendant Defendant regularly w went ent to school to avail and enjo enjoy y the privileges of being one of its students. Also, Defendant participated in the activities in the classes she enrolled to. 12. On 28 July 2017, the first instalment of Defendant become due. Accordingly, Plaintiff deposited the first PSBank Check issued by the Defendant with check No. 020655211, payable to First Gourmet Academy in the amount of P35,000.00. However, upon presentment to the drawee bank, the said check was dishonored due to “account closed.”
13. On 24 August 2017, the second installment became due. Accordingly, Plaintiff again deposited the second check issued by the Defendant in favor of the Plaintiff, PSBank Check with check No. 020655312. Consequently, upon presentment for payment to the drawee bank, the said check was dishonored dish onored due to “account closed.”
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Annex “C” Annex “D” 3 Annex “E” 4 Annex “F” 5 Annex “G” 6 Annex “H” 7 Annex “I” 8 Annex “J” 9 Annex “K” 10 Annex “L” 11 Annex “C” 12 Annex “D”
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14. Since there were two (2) checks that has been dishonored, Plaintiff sent a demand letter 13 dated 4 September 2017 with a Statement of Account to Defendant informing her that she has unpaid balance and demanding her to pay within seven (7) days.
15. As per records14 of the private courier LBC, the said demand letter was served to the address of Defendant and was duly received a certain Lienel Omagap. Omagap.
16. Despite the said demand letter, Defendant did not pay the amounts covered by the said dishonored checks. Meanwhile Defendant continuously attended her classes in the school despite non-payment of her tuition fees.
17. PSBank checks issued by the Defendant in favor of the Plaintiff with check nos. 020655415, 020655516 and 020655617 for the months of September, October, and November respectively, were all dishonored by the drawee bank upon presentiment for payment due to account closed.
18. Sometime in November, Plaintiff again sent another Demand Letter 18 dated 22 November 2017 with a Statement of Account to the Defendant Defendant.. The said demand letter demanded again that Defendant pays the balance of her tuition fee.
19. Again, the records19 of LBC states that the second demand letter was served to the address of Defendant and was duly Omagap.. received a certain Lienel Omagap 20. Notwithstanding Notwithst anding the two (2) demand letters sent by Plaintiff to the Defendant, she did not pay her balance and she continuously and regularly attended her classes at Sylt First Gourmet Academy. Gourmet Academy.
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Annex “M” Annex “M-1” 15 Annex “E” 16 Annex “F” 17 Annex “G” 18 Annex “N” 19 Annex “N-1” 14
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21. Moreover, some of the staff of the Plaintif Plaintifff even gave the Defendant verbal notices for her to pay the balance of her tuition fees. Despite written and verbal demands from the Plaintiff, Defendant ignored the said demand and continued to attend her classes.
22. For that reason, Plaintif Plaintifff requested the undersigned to send a Demand Letter to the Defendant. Accordingly, a Demand Letter 20 dated 13 December 2017 with a latest Statement of Account was sent to the Defendant which as duly received by her on 14 December 2017.
23. The said Demand Letter demanded that Defendant pays the Plaintiff within five (5) days from receipt, however, the said demand fell on deaf ears as the Defendant ignored the legitimate demands of the Plaintiff.
24. Furthermore, PSBank Check with Check No. 020655721 dated 24 December 2017 issued by Defendant in favor of the Plaintiff was dishonored by the drawee bank upon presentment for payment. The drawee bank dishonored the check because the account was already close.
25. Again, On 24 January 2018, PSBank Check issued by Defendant in favor of the Plaintiff with Check No. 0206561 22 was dishonored by the drawee bank upon presentment for payment. The drawee bank dishonored the check because the account was already close.
26. As of the end of February, based on the latest Statement of Account23 of the t he Defendant, the total balance of Defendant is Three Hundred Fifty Eight Thousand One Hundred Eighty Six Pesos and Eighteen Centavo (P358,186.18) (P358,186.18) inclusive penalties and other charges.
27. As can be gleaned from the documents, Defendant only paid P35,000.00 out of the P350,000.00. Despites verbal and
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Annex “O” Annex “H” 22 Annex “I” 23 Annex “P ” 21
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three (3) written demand letters sent to the Defendant she refused to pay to the great prejudice of the Plaintiff.
28. Moreover, as Plaintiff’s legitimate and lawful demands fell on deaf ears, Plaintiff herein was constrained to secure the services of the undersigned counsel and by reason of which, Plaintiff incurred litigation expenses in the amount of One Hundred Thousand Pesos (P100,000.00) as professional fee and the amount of Five Thousand Pesos (P5,000.00) as appearance fee per hearing.
PRAYER WHEREFORE, in view of the foregoing, Plaintiff most WHEREFORE, respectfully prays of this Honorable Court that after due notice and hearing, judgment be rendered declaring Defendant liable to pay Plaintiff the followi ng: 1. The amount of Three Hundred Fifty Eight Thousand One Hundred Eighty Six Pesos and Eighteen Centavo (P358,186.18), representing (P358,186.18), representing the total outstanding obligation due as of end of February 2018 plus 2% per month and 1% penalty per month until full payment of the principal, interests and penalties due; 2. The amounts of One Hundred Thousand Pesos (P100,000.00) as professional fee and Five Thousand Pesos (P5,000.00) for every hearing of this case as appearance fee, as and by way of litigation expenses; 3. The amount equivalent to three percent (3%) per month of the total amount due from date of default until fully paid as and by way of liquidated damages; and
4. The amount equivalent to five percent (5%) of the total amount due, but in no case less than P50,000.00, as and by way of attorney’s fees. fees. Plaintiff herein prays for such other relief as may be just and equitable under the circumstances. Pasig City for Quezon City. February 19, 2018. Page 6 of 8
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DeGUZMAN CELIS & DIONISIO LAW OFFICE Counsel for Plaintiff
Suite C, 15th Floor, Strata 2000 Bldg., Bldg., F. Ortigas, Ortig as, Jr. Road, Ortigas Ort igas Center Cent er,, 1605 Pasig City City Telephone No. 631-8621 to 25 25 Email
[email protected] [email protected]
By: By:
EROL ROUDEL C. ECALNIR Attorney’s Attorney ’s Roll No. 64322 IBP Lifetime No. 013828 PTR No. 3861133 1-8-18 PASIG CITY MCLE Compliance No. V-0014611 4/14/2019
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VERIFICATION AND CERTIFICATION CERTIFICA TION OF NON-FORUM SHOPPING I, MATS V. LOO LOO,, of legal age, with office address at Capitol
Greenstreet, Capitol Hills Golf Clubhouse, Capitol Hills Drive, Old Balara, Quezon City, after having been sworn to in accordance with law, hereby depose and state: state: 1. That I am the Culinary Director of SYLT FIRST GOURMET ACA DEMY, INC., INC., Plaintiff Plaintiff in this case, and I am authorized to represent the said Company in this case as shown by the Secretary’s Certificate executed “A” and made for the purpose which is attached to this Complaint as Annex “A” an integral part hereof; 2. That I have read the contents of this Complaint and that the allegations therein are true and correct of my own personal knowledge and based on authentic records of the Comp Company any.. 3. That the Company has not commenced any action or filed any claim involving the same issue/s in any court, tribunal or quasi-judicial agency and, to the best of my knowledge no such other action or claim is pending therein. And should I hereafter learn that the same or similar cause, action or claim is filed or pending before the aforementioned judicial, quasi judicial and/or administrative bodies, I undertake to promptly inform this Honorable Court within five (5) days from notice thereof. IN WITNESS WHEREOF, I have hereunto set my hand this
_________________ in ______________________, Philip Philippines. pines.
MATS V. LOO
Affiant Affiant
SUBSCRIBED
AND
SWORN
TO
before me this ________________ __________ ______ in ________________, ________________, Philippines Philippines.. Affian Affiantt exhibited to me his __________________ __________ __________________ ____________________ __________________ _________________ _________ , a competent evidence of his identity and the affiant acknowledged before me that the foregoing document is his true and voluntary act and deed. deed. Doc. No. ___; ___; Page No. ___; ___; Book No. ___; ___; Series of 2018. 2018. Page 8 of 8
