1Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 27, Taguig
ABC Construction Company
Owned by MARCO POLO,
Plaintiff,
- versus -

CIVIL CASE NO. 1234567

FOR: COLLECTION OF SUM
OF MONEY

BLACK TOPS
Owned by RICA OCAMPO,
Defendant.
x-----------------------------------------x

C O M PLAI N T
PLAINTIFF, Thru counsel, respectfully avers that:
THE PARTIES
Plaintiff MARCO POLO, is a Filipino citizen, of legal age, single,
with residence and postal address at #39 Block-2 Lot-11 Maharlika
Village, Taguig City. He may be served with summonses and other
processes of this Honorable Court through the undersigned Counsel.
Defendant RICA OCAMPO, likewise Filipino, of legal age, with
residence address at 123 Dimahanap Street, Pasay City, where they
may be served with summonses and other processes of this Honorable
Court.
FACTUAL ANTECEDENT ALLEGATIONS
COMMON TO ALLCAUSES OF ACTION
1. Plaintiff is an independent proprietor, doing business under the
law of the Philippines engaged in construction of buildings
under the name of ABC Construction Company, with the
business address at 123 Global, Taguig City;

2. Sometime in September 1, 2015, defendant entered into a

contract to construct the Black Top retail shop in Unit 5, G/F
East Wing of Marimar Mall, Pasay City.
3. The contract between the parties indicated that the period of
construction is for a period of two (2) months from September
10, 2015 to November 10, 2015 for a total sum of One Million
Eight Hundred Thousand Pesos (1,800,000.00), including
materials and labor.
4. That it was agreed by the parties, that any deviation from the
specifics in the attached job order shall be requested by
defendant, and agreed upon by both parties, in writing.
5.

That in case of exceptional and/or unforeseen events that

would cause an increase in the cost of labor and materials, ABC
Construction Company, the CONTRACTOR can request for
an adjustment in prices, and agreed upon in writing by the
parties as to the adjustment.

6. That defendant, after the first month into the construction,

wanted additional display cabinets with beveled glass and
lighting fixtures. She further wanted replacement of some
materials that were used as she is not happy with the result of a
panel already done by the Contractor.
7. That additional man hours and materials would cost
P400,000.00 as per ABC Construction Company
communication to the owner MS. RICA OCAMPO, did not
sign the revisions in the job order but goes to the construction
site almost daily and agrees with the change being done.
8. That when the project was finished and the contractor is ready
for the turn-over of the premises to the owner, the contractor
sent a final billing less the retention of 10% of the total contact
price as per contract until the owner is fully satisfies with the
services.
9. That the defendant, then disputed the final billing s she
contends that the replacement of the materials of the panels
should not be charged to her as it was the Contractors fault that
the result in the original display panels was not up to her
specifications and standards.

10. That the defendant withheld payment of the final billing in the
amount of P600,000.00, including the disputed cost of
replacement materials. The plaintiff thus sent several demand
letters but defendant still failed to pay, unless plaintiff adjusts
the amount she is disputing which amounts to P300,000.00
including man hours for the laborers.

P R AYE R
WHEREFORE, premises considered, it is respectfully prayed
of this Honorable court: that after due hearing judgment be rendered:
1. Ordering Defendant to comply with the written contract
entered into between both parties and to pay the unpaid
balance amounting to P600,000.00;
2. Ordering the Defendant to pay the Plaintiff the amount of
P100,000.00 as Moral damages;
3. Ordering the Defendant to pay the Plaintiff the amount of
P100,000.00 as Exemplary damages;
4. Ordering the Defendant to pay the Plaintiff the amount of
P100,000.00 as attorney fees;
5. And finally, ordering the Defendants to pay the cost of
the suit.
Other reliefs just and equitable in the premises are likewise
prayed for.
Taguig City, this 1st day of January 2016.
ATTY. DATUMAMA P. FERNANDEZ, JR.
Notary Public for the City of Taguig
Commission Series No. 12345
Until December 31, 2017
Office address
Roll of Attorney No. 12345
IBP No. 12345 /Jan. 1, 2014/Taguig
PTR No. 12345/Date/Place of issue

REPUBLIC OF THE PHILIPPINES )

TAGUIG CITY, METRO MANILA ) S.S.
VERIFICATION
AND CERTIFICATION OF NON-FORUM SHOPPING
I, Marco Polo, of legal age, Filipino, Single, and a resident of
#39 Block-2 Lot-11 Maharlika Village, Taguig City, after having been
duly sworn to in accordance with law depose and state:
1. I am the plaintiff in the above-entitled case; that I read and
understood it contents which are true and correct of my own
personal knowledge and/or based on true records;
2. That I have not commenced any action or proceeding involving
the same issue and specifically the same check/s in the Supreme
Court, the Court of Appeals, or any other tribunal or agency,
particularly before the Office of the City Prosecutor of Taguig;
that to the best of my knowledge, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any
other tribunal or agency, and that, if I should learn thereafter
that a similar action or proceeding has been filed or is pending
before these courts or tribunal or agency, I undertake to report
that fact to the Court within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st
day of January, 2016 at the City of Pasay, Philippines.

MARCO POLO
affiant

JURAT
SUBSCRIBED and sworn to before to before me this 1 th day of
January 2016, in the City of Taguig, by MARCO POLO who is
personally known to me/exhibited to me his Drivers License No.
12345 issued on January 12, 2014 at Taguig City.
WITNESS MY HAND AND SEAL on the date and place first
above-written.

ATTY. DATUMAMA P.
FERNANDEZ, JR.
Doc No. ______
Page No.______
Book No. ______
Series of 2014

Notary Public for the City of Taguig

Commission Series No. 123
Until December 31, 2017
Office address
Roll of Attorney No. 12345
IBP No. 12345 /Jan. 1, 2015/Taguig

City
PTR No. 12345/Jan. 1, 2015/Taguig
City