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DANILO R. ALCANTARA,
Defendant.
x ----------------------------------------------- x
COMPLAINT
THE PARTIES
1.1.
organized and existing under the laws of the Republic of the Philippines, with office
address at 6th Street, Bacolod City, Philippines. For purposes of this Complaint, plaintiff
may be served with orders, notices and other papers of this Honorable Court at the
address of the undersigned counsel.
1.2.
resident of San Jose Extension, Dumaguete City, Negros Oriental, Philippines where he
may be served with summons, orders, notices and other papers of this Honorable Court.
2.1.
2.2.
the selling of oil and battery products, delivered to the defendant, on a forty five (45) days
credit basis, various oil and battery products as evidenced by the following charge invoices
(for oil products) and delivery receipts (for batter products):
Charge Invoice No.
Date
20488
20494
1110
1111
1112
1113
1115
1121
2/27/06
3/14/06
5/9/06
5/11/06
5/20/06
6/3/06
6/15/06
6/20/06
Value
P
P
Delivery Receipt
No.
Date
C2006-032
C2006-031
3/15/06
3/15/06
13,331.00
7,285.40
8,702.90
1,288.50
9,190.35
8,641.20
13,446.25
2,371.20
58,403.70
Value
P
1,670.40
18,229.95
P 4,054.90
Annex
A
B
C
D
E
F
G
H
Annex
I
J
Copies of the above-mentioned charge invoices and delivery receipts are attached hereto
and made integral parts hereof as the annexes indicated above.
2.3.
defendant and/or his representative, [p]arties expressly submit to the jurisdiction of the
courts of Bacolod City for any legal action arising out of this transaction and to pay 25%
for attorneys fees plus cost of suit. Interest at the rate of 3% per month will be charged
on overdue account.
2.4.
battery products mentioned in the above-mentioned charge invoices and delivery receipts
within a period of forty five (45) days from their respective dates of delivery, defendant
failed and refused to pay plaintiff the value of each of the said products.
2.5.
defendant a demand letter dated ___ September 2006 demanding that defendant pay to
plaintiff the amount of Sixty Seven Thousand Five Hundred Fifty Eight and 59/100 Pesos
(P67,558.59), representing defendants unpaid obligations to the plaintiff inclusive of
interest and bank charges as of 02 August 2006 in connection with the deliveries of
various oil and battery products evidenced by the charge invoices and delivery receipts
enumerated in paragraph 2.2 hereof, plus attorneys fees, within a period of five (5) days
from receipt of the said demand letter. A copy of the demand letter dated ___ September
2006 is hereto attached and made an integral part hereof as Annex K.
2.6.
on ___ October 2006 but despite the lapse of the five (5) days mentioned therein,
defendant refused and failed, as he continues to fail and to refuse, to pay his unpaid
obligations to the plaintiff.
3.1.
3.2.
2006.
4.1.
4.2.
demand, plaintiff, in order to protect its interest, was constrained to engage the services of
a lawyer for a amounting to twenty five percent (25%) of the total amount due to the
plaintiff, plus an appearance fee of One Thousand Pesos (P1,000.00) for every hearing
attended by the undersigned, and to incur litigation expenses the amount of which will be
proven during the trial.
PRAYER
a.
b.
to pay plaintiff attorneys fees equivalent to ten percent (10%) of the total
amount due to the plaintiff, plus appearance fees of One Thousand Pesos
Plaintiff likewise prays for other reliefs just and equitable under the premises.
LINUS G. ABAQUIN
Counsel for the Petitioners
Rooms 10 & 11, 2nd Floor Victorina Building
Rizal Street, Bacolod City 6100
Roll No. 35122
IBP LIFETIME MEMBER NO. 03438
PTR NO. 2252347-01/02/06-Bacolod City
SUBSCRIBED AND SWORN to before me this ___ day of October 2006 affiant
exhibiting to me his Community Tax Certificate No. ______________ issued in Bacolod
City on ______________, 2006.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2006.