Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 12, Manila

EPIMACO VELASCO,
Plaintiff,

- versus - CIVIL CASE NO. 12345

For: Collection of Sum of Money Plus
Damages
NARDONG PUTIK,
Defendant.
x-------------------x

COMPLAINT

Plaintiff, by counsel, respectfully states that:

1. Plaintiff EPIMACO VELASCO is of legal age, married, Filipino citizen, and

a resident of 1200 Espaa Boulevard, Sampaloc, Manila;

2. Defendant NARDONG PUTIK is of legal age, single, Filipino citizen, and a

resident of Dasmarinas, Cavite, where he may be served with Summons and other
court processes;

3. That plaintiff is a working law student who is bound via plane travel to
Cagayan De Oro to attend a pre-bar lecture week review.

4. On three (3) occasions prior to October 14, 2013, agents of the defendant
contracted the plaintiff to design, cut and sew his garments. The latter successfully
accomplished these tasks to defendants complete satisfaction on or before the dates
they were to be worn;
 5. On October 13, 2013, plaintiff was contracted to create a unique suit of
clothes never before seen, which was to be worn by the defendant during his annual
parade down Emperors Way on Emperors Day. Plaintiff was instructed to use only the
finest materials sewn according to the precise measurements provided by palace
officials;

6. That three (3) days prior to the parade, plaintiff delivered to the palace a
newly constructed suit of garments, including underclothing, knee socks, knickers, a
formal shirt with high collar, which are avant-garde and a fashion statement beyond
description. These garments were unique, constructed from a new material, and which
were described as a miracle fabric since these were woven from a combination of
unicorn fur and pig-hair that have been found to be amazingly light in weight; incredibly
smooth to the touch; and spectacularly beautiful to the eye [See attached Exhibits 1
and 1-A]. Further, the material will never wrinkle nor stain, tear, or show wear of any
kind no matter how much abuse it sustains. It can be folded many times to fit into the
smallest luggage. Finally, it is extremely simple to accessorize and even change to size
to compensate for changes in the wearer;

7. That after fitting, defendant accepted these garments and agreed to give
plaintiff a bonus apart from the agreed upon fee. In fact, to his delight, defendant
exclaimed, Ive never seen anything like it before!;

8. That during the parade, an uneducated child with an untrained eye was
unable to appreciate the subtleties of this fabric and remarked that he could not see its
true beauty, causing the Emperor to believe that something was amiss with the suit.
Notwithstanding that the rank-and-file in the Palace praised and complimented the suit,
defendant, without any basis whatsoever, took the minors words as gospel-truth and
refused to pay the agreed-upon fee despite plaintiffs several verbal and written
demands.
 9. With plaintiffs delivery and defendants acceptance of these garments,
plaintiff has a sufficient cause of action against defendant due to the latters failure to
pay the agreed amount of P500,000.00 despite due demand contrary to the basic
principle stated in Article 19 of the Civil Code. Moreover, defendants refusal to comply
with his obligation to pay plaintiff the agreed fee, the latter can enforce payment and
claim for damages pursuant to Article 1191 of the same Code. Additionally, under Article
1235 of the Code, defendant cannot skirt from his obligation simply because the minor
could not appreciate the true beauty of the garments since he has accepted them;

10. Since defendant refused to pay the fee, plaintiffs reputation has been
damaged and that he has been subjected to humiliation and ridicule for which he is
entitled to moral damages of at least P200,000.00. Moreover, to serve as an example
for the public good, plaintiff is entitled to exemplary damages of at least P200,000.00.
Finally, by reason of defendants unjustified refusal to pay plaintiffs claim, the latter was
constrained to engage the services of counsel thereby incurring P70,000.00 as
attorneys fees.

PRAYER

WHEREFORE, it is most respectfully prayed that after trial judgment be rendered

in favor of the plaintiff against the defendant ordering the defendant to pay plaintiff as

follows:

1. P500,000.00 as payment for agreed-upon fee of the garments

2. At least P200,000.00 as and by way of moral damages

3. At least P200,000.00 as exemplary damages

4. P70,000.00 attorneys fees

 Other reliefs just and equitable in premises are likewise prayed for.

Respectfully submitted.

Manila City, 31 January 2014.

DONALD TAILOR
Plaintiff

ATTY. RAPHAEL INNO B. PATAJO

Counsel for the Plaintiff
Roxas and Patajo & Associates Law Offices
20th Flr., Ayala Alabang Bldg.
#41 Lantana St., Ayala Alabang
123-4567; 890-1234
IBP No. 04772 / Lifetime
PTR No. 8582433/01-19-07/Q
Roll No. 47553

VERIFICATION AND CERTIFICATION

I, DONALD TAILOR, of legal age, Filipino, married, 1200 Espaa Boulevard, Sampaloc,

Manila, after being sworn to in accordance with law, depose and state:
 1. That I am a tailor by profession whose services have been contracted by agents

of the defendant to create such garments.

2. That I have caused the preparation of this complaint.

3. That I have read the allegations of this complaint and the same are true and

correct of my own personal knowledge and based on authentic records.

4. That I hereby certify that the plaintiff has not thereto commence any action or

claim pending therein.

5. That should I hereafter learn that the same or similar action or claim has been

filed or is pending I shall report that fact within 5 days therefrom to the court

where the aforesaid Complaint has been filed.

IN WITNESS WHEREOF I hereunto affix my signature this 31st day of January

2014.

DONALD TAILOR
Affiant