Complaint: Regional Trial Court

Republic of the Philippines
National Capital Judicial Region

Regional Trial Court
Branch ______, Quezon City
ANNIE S. ALBERTO,
Plaintiff,
-versus- Civil Case No. __________

For: Collection of Sum of Money
MARIA VICTORIA F. AGANAD,
Defendant.
x-------------------------------------------x
COMPLAINT
PLANTIFF, ANNIE S. ALBERTO, through the undersigned counsel and unto

this Honorable Court, most respectfully states: That……..
1. PLAINTIFF, ANNIE S. ALBERTO, is of legal age, married, Filipino citizen,

and with a postal address at #94 Tripoli Street, Sta. Rita Village, Project 8, Quezon City;
2. DEFENDANT, MARIA VICTORIA F. AGANAD, is likewise of legal age,

with a postal address at Block 4, Lot 2, Argao Street, Villa Matilde, Baesa, Quezon City
where she may be served with summons and other processes of this Honorable Court;
3. Sometime on 10 August 2010, plaintiff Annie S. Alberto (“Alberto for

brevity”) entered into a contract with defendant Maria Victoria F. Aganad (“Aganad for
brevity”) relative to several pieces of jewelries. The pieces of jewelries was entrusted by
plaintiff Alberto to defendant Aganad with the agreement that the same will be sold by
the defendant Aganad. Copy of the Agreement between the plaintiff Alberto and
defendant Aganad is hereto attached as Annex “A” and made an integral part of this
complaint;
4. The jewelries entrusted to the defendant Aganad in order for the latter to
sale the same is valued at Four Hundred Eighty Thousand Pesos (P480,000.00) and the
payment of the same shall be within four (4) months;
4. On 26 October 2010, defendant Aganad partially paid thirty thousand

pesos (P30,000.00) and on 13 November 2010, she paid again an amount of fifty
thousand pesos. However, after the said two partial payment, defendant Aganad
persistently refused to comply with her obligation to pay the remaining jewelries or if
the same were not sold to at least return the same to the plaintiff;
5. Further, what makes things worse is the fact that herein defendant Aganad
issued three checks in favor of the plaintiff as a payment of the jewelries however the
Philippine Business Bank check no. 0001830 was dishonored for the reason that the
account was already closed while the Real Bank check no. 4158654 was dishonored for
insufficiency of fund. Real Bank check no. 4158658 was not deposited by the plaintiff
since the first check issued on the same account was dishonored;
6. At any rate, the acts of the defendant Aganad of intentionally refusing to

pay her obligation or at least return the sets of jewelries if unsold clearly shows a patent
violation of the agreement between the plaintiff and defendant;
7. Because of the defendant’s illegal acts, done maliciously, in bad faith and
contrary to established norms of human conduct, plaintiffs suffered sleepless nights and
serious anxiety, for which the defendant should be adjudged liable, to pay plaintiff by
way of Moral Damages in the amount not less than TWO HUNDRED THOUSAND
PESOS (P200,000.00);
8. For public good and to deter others similarly predisposed, defendant

should be held liable to pay plaintiff Exemplary Damages in the amount of ONE
HUNDRED THOUSAND PESOS (P100,000.00).
12. The plaintiff, to defend her rights and interests hired the services of a
counsel for a fee of FIFTY THOUSAND PESOS (P50,000.00) for the preparation of all
necessary pleadings and other legal actions relative to this case and THREE
THOUSAND FIVE HUNDRED PESOS (P3,500.00) appearance fee.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that judgment be rendered as follows:
1. After due notice and hearing, for the Honorable Court to compel the payment
the sets of jewelries amounting to FOUR HUNDRED EIGHTY THOUSAND PESOS
(P480,000.00);
2. Ordering the defendant to pay Moral Damages in the amount of TWO

HUNDRED THOUSAND PESOS (P200,000.00) and Exemplary damages in the
amount of ONE HUNDRED THOUSAND PESOS (P100,000.00);
3. Order the defendant to pay plaintiff Attorney’s Fees in the amount of FIFTY
THOUSAND PESOS (P50,000.00) And appearance fee of Three Thousand Five
Hundred Pesos (P3,500.00) per appearance;
4. Ordering the defendant to pay cost of the suit.
OTHER RELIEFS just and equitable under the circumstances are likewise
prayed for.
RESPECTFULLY SUBMITTED.
Quezon City, 30 September 2011.
ALFEROS & PO
Law Office
Counsel for Plaintiff
Unit 33-B, Scout Fuentebella Street
Barangay Laging Handa, Quezon City 1103
Tel No. (02) 411-6995
By:
JOHN THOMAS S. ALFEROS, III

PTR NO. A-4607002; 01.07.11; QC
IBP NO. 801643; 01.07.11; QC
Roll No. 48188; Page No. 138; Book No. XX
MCLE Compliance No. III-0002122; 02.04.09
Mobile No. 0918-9390566

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Republic of the Philippines

National Capital Judicial Region

-versus- Civil Case No. __________

PLANTIFF, ANNIE S. ALBERTO, through the undersigned counsel and unto

1. PLAINTIFF, ANNIE S. ALBERTO, is of legal age, married, Filipino citizen,

2. DEFENDANT, MARIA VICTORIA F. AGANAD, is likewise of legal age,

3. Sometime on 10 August 2010, plaintiff Annie S. Alberto (“Alberto for

4. On 26 October 2010, defendant Aganad partially paid thirty thousand

6. At any rate, the acts of the defendant Aganad of intentionally refusing to

8. For public good and to deter others similarly predisposed, defendant

WHEREFORE, premises considered, it is most respectfully prayed of this

2. Ordering the defendant to pay Moral Damages in the amount of TWO

4. Ordering the defendant to pay cost of the suit.

JOHN THOMAS S. ALFEROS, III

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