Complaint Trial Tech for Submission

7/30/2019 Complaint Trial Tech for Submission

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Republic of the Philippines

SECOND JUDICIAL REGION

REGIONAL TRIAL COURTBranch 2

Tuguegarao City, Cagayan

MILAGROS SEGUNTO

Plaintiff, CIVIL CASE NO. ___-versus- For: SUM OF MONEY

ANDRES BARCENA, Jr.,

Defendant.x----------------------------------x

COMPLAINT

COMES NOW, PLAINTIFF, through the undersigned counsel and to this HonorableCourt, most respectfully alleges that:

1. Plaintiff, MRS. MILAGROS B. SEGUNTO of legal age, married to MR. ENRIQUEC. SEGUNTO, JR., is a sole proprietor of Segunto Aluminum and Glass Supplies,

duly registered and existing under and by virtue of the Philippine Laws with principal

business address at #3 Balzain Highway, Tuguegarao City within the jurisdiction of

this Honorable Court and where she may be served with summons, notices, orders

and other court processes;

2. Defendant, ANDRES BARCENA, Jr., of legal age, married to WILMA BARCENA,with residential address at #45 Balzain Highway, Tuguegarao City where he may be

served with summons, notices, orders and other court processes;

3. Plaintiff is primarily engaged in the business of distribution and installation ofaluminum and glass supplies;

4. Sometime on January 10, 2012, Defendant contracted the services of Plaintiff for thesupply and installation of aluminum and tinted glass windows, for a total

consideration of ONE MILLION PESOS (P1,000,000.00); copy of said contract is

hereto attached as Annex A and made an integral part thereof;

5. Defendant, upon signing of the contract, paid the amount of SIX HUNDREDTHOUSAND PESOS (P600,000.00) which is the agreed partial payment, the balanceto be paid upon full delivery of the supplies and complete installation of the window

glasses;

6. Plaintiff completely delivered and completed the installation of the aluminum andtinted glass windows within the stipulated time frame copy of the delivery receipt and

proof of completion of services are hereby attached as Annexes B & C;

7. Due to insufficiency of funds, the defendant executed a Promissory Note dated March10, 2012, a copy of which is attached herewith as Annex D;

8. Defendant however defaulted to pay on the date the defendant promised to pay whichis within 5 days from the execution of the promissory note;

9. Plaintiff, upon default of payment, sent a demand letter asking the Defendant to makegood his promise to pay the balance amounting to FOUR HUNDRED THOUSAND

PESOS (P400,000.00), copy of which is herein attached as Annex E, together with

the registry receipt numbered 00 ,hereby attached as Annex F;

10.Despite such written demand, Defendant still failed to pay thereby prompting thePlaintiff to bring the matter before the Lupong Tagapamayapa;


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11.Before the Lupong Tagapamayapa, both parties executed an agreement to the effectthat the Defendant again promised to pay the obligation, a copy of which is hereby

attached as Annex G; and

12.Despite such agreement, Defendant still failed to make good his promise to pay thusprompting Plaintiff to secure a Certificate to File Action, a copy of which is attached

herewith as Annex H, for the filing of this complaint.

PRAYER

WHEREFORE, premises considered, Plaintiff most respectfully prays of this Honorable

Court that after due hearing, judgment be issued and rendered in favor of Plaintiff and against

Defendant, ordering the Defendant as follows:

1. To pay the amount of P400,000.00 as balance of the contract price plus interest at thelegal rate thereon until fully paid;

2. To pay an amount equivalent to 15% of the amount due, as and by way of attorneysfees plus P5,000.00 per court appearance; and

3. To pay costs of suit.Other reliefs and remedies as are just and equitable under the premises are likewise

prayed for.

Tuguegarao City, November 21, 2012.

ATTY. RICHARD L. SUYU2

NDFloor Laggui Bldg.,

Caritan Centro, Tuguegarao CityMCLE Compliance No. III

IBP No. 111508

Issued on Dec. 31, 2008

PTR No. 2513329Issued on Jan. 2, 2003

Roll No. 16423


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VERIFICATION

I, MILAGROS B. SEGUNTO, after having been sworn in accordance with law, hereby

depose and say that:

1. I am the sole proprietor of SEGUNTO ALUMINUM AND GLASS SUPPLIES, theplaintiff in the above-entitled case;

2. I caused the preparation of the foregoing complaint;3. I have read the same and the contents contained therein are true and correct to the best

of my own knowledge.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 21st

day ofNovember 2012 in Tuguegarao City.

MILAGROS B. SEGUNTOAffiant

SUBSCRIBED AND SWORN to before me this 21st

day of November in Tuguegarao

City, affiant exhibited to me her Community Tax Certificate No. CCI 2011 issued on January 5,

2012 at Tuguegarao City, Cagayan.

ATTY. RICHARD L. SUYU

2ND

Floor Laggui Bldg.,Caritan Centro, Tuguegarao City

MCLE Compliance No. III

IBP No. 111508Issued on December 21, 2008

PTR No. 2513329

Issued on Jan. 2, 2003


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CERTIFICATION OF NON-FORUM SHOPPING

I, Milagros B Segunto, of legal age, after having been duly sworn in accordance with law,depose and state that:

1. I am a plaintiff in the above-stated case;2. I caused the preparation of the foregoing complaint;3. I have read the contents thereof and the facts stated therein are true and correct of my

personal knowledge and/or on the basis of copies of documents and records in my

possession;

4. I have not commenced any other action or proceeding involving the same issues in theSupreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in theSupreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is pendingbefore the Supreme Court, the Court of Appeals, or any other tribunal or agency, I

undertake to report that fact within five (5) days therefrom to this Honorable Court.

MILAGROS B. SEGUNTOAffiant

SUBSCRIBED AND SWORN to before me this 21st day of November in Tuguegarao

City, affiant exhibited to me her Community Tax Certificate No. CCI 2011 issued on January 5,



2ND




PTR No. 2513329



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CONTRACT OF SALE AND SERVICE

Know all men by these presents:

This agreement, made and entered into in the City of Tuguegarao, this 10

th

day of January2012, by and between ANDRES U. BARCENA, Jr., client, of legal age, resident of #45 Balzain

Highway, Tuguegarao City, hereinafter referred to as the FIRST PARTY, and MILAGROS

SEGUNTO, also of legal age and resident of #3 Balzain Highway, Tuguegarao City, hereinaftercalled the SECOND PARTY.

WITNESSETH;

1. That for and in consideration of the sum of ONE MILLION PESOS (P1,000,000.00),which the FIRST PARTY agrees to pay unto the SECOND PARTY, the said SECOND

PARTY agrees to supply and install to the FIRST PARTY aluminum with tinted glass

windows with specifications as follows:

100 pcs. 4 x 6 color brown aluminum sliding window with tinted brown glass

50 pcs. 7 x 8 color brown aluminum sliding window with tinted brown glass

2. That the SECOND PARTY shall make a partial payment to the amount of SIXHUNDRED THOUSAND PESOS (P600,000.00) upon signing of this contract, the

balance to be paid upon complete delivery of the abovementioned supplies and

completion of the installation;

3. That the SECOND PARTY agrees to finish the installation on or before March 10, 2012.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 10 th day of January,

2012 at Tuguearao City, Cagayan.

ANDRES U. BARCENA, Jr. MILAGROS B. SEGUNTO

First Party Second Party

SIGNED IN THE PRESENCE OF:

MYLES DEL ROSARIO LILIAN MARASIGAN

Witness Witness

Acknowledgment

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF CAGAYAN ) SSCITY OF TUGUEGARAO )

Before me, this 10th

day of January 2012 in the City of Tuguegarao, Province of

Cagayan, Philippines, personally appeared Mr. Andres U. Barcena, Jr. and Mrs. Milagros B.Segunto, with Community Tax Certificates Nos. CCI 2011 06809963 and CCI 2011,

respectively, both issued at Tuguegarao City on January 1, 2012 and January 5, 2012

respectively, known to me to be the same persons who executed the foregoing instrument, andthey acknowledged to me that the same is their free act and deed.


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IN WITNESS HEREOF, I have here unto set my hand and affixed my notarial seal, theday, year and place above written.

ATTY. DENNIS C. SAQUING

Notary Public

My Commission expires on Dec.31,2012

Not. Reg. No. 001

Page 001; Book 001;Series of 2012


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SUYU LAW AND NOTARIAL SERVICES

2ND


March 16, 2012

MR. ANDRES U. BARCENA, JR.#45 Balzain Highway, Tuguegarao City

Sir;

This is in connection with the contract you entered into with the business of my client

Segunto Aluminum and Glass Supplies located at #3 Balzain Highway, Tuguegarao City last

January 10, 2012, to which you executed a promissory note for your failure to tender full

payment on the date of the completion of the installation and full delivery of the supplies onMarch 10, 2012.

Since you promised to pay the said amount on or before March 15, 2012, you are hereby

requested to pay the said amount.

Failure to do so would constrain my client to file a proper action before the court.



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Republic of the Philippines

Province of CagayanCITY OF Tuguegarao

Barangay Balzain

OFFICE OF THE LUPONG TAGAPAMAYAPA

Barangay Case No. 2012-001

For: Collection of Sum of Money

Mr. Milagros B. Segunto

Complainant

against

Mr. Andres Barcena, Jr.

Respondent

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been a personal confrontation between the parties before thePunong Barangay/Pangkat ng Tagapagkasundo;

2. That a settlement was reached but the defendant failed to comply with his promise to paythe amount as demanded by the complainant ;

3. Therefore, the corresponding complaint for the dispute may now be filed inCourt.

This 26th

day of October, 2012 at Barangay Balzain, Tuguegarao City, Philippines.

Certified:

MRS. JUANA DELA CRUZ

Lupon Secretary

Attested:

BRGY. CAPTAIN VINCENTE ROXAS

Lupon Chairman


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AGREEMENT

KNOW ALL MEN BY THIS PRESENTS:

This AGREEMENT is made and executed this 25

th

day of May 2012 at Balzain,Tuguegarao City by and between:

Milagros B. Segunto, complainant in Barangay Case No. 2012-001 for Collection of Sumof Money and Mr. Andres Barcena, Jr. Respondent;

WITNESSETH;

1. That the Respondent admitted that he owes the complainant the amount of Four HundredThousand Pesos ( P400,000.00) as balance for the payment of the purchase and

installation of aluminum with tinted glass windows in his apartment, to which heexecuted a promissory note on March 10, 2012 but defaulted payment thereof;

2. That respondent promised to pay said amount after 30 days from the signing of thisagreement;

3. That the complainant will file a proper action in court in case the respondent still fails tosettle the matter within the agreed period.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 25th

day of May,

2012 at Balzain, Tuguegarao City.

MILAGROS B. SEGUNTO ANDRES U. BARCENA, JR.

Complainant Respondent

SIGNED IN THE PRESENCE OF:

JUANA DELA CRUZ HON. VINCENTE ROXASWitness Witness


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Republic of the Philippines )

Tuguegarao City, ) s.s.

Cagayan

x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT

I, Myles del Rosario, 34 years old, married, resident of #24 Taft Street, Tuguegarao City,

Cagayan, after having sworn in accordance with law, do hereby depose and state THAT:

1. I have been hired as an installer of aluminum frame and glass windows bySegunto Aluminum and Glass Supplies owned by Mrs. Milagros B. Segunto;

2. That I have been working as an installer since April 5, 2002 at the sameestablishment;

3. That I was given a job order to personally deliver the materials consisting ofaluminum and glass supplies at #45 Balzain Highway, Tuguegarao City, Cagayan on January 20,

2012 and to install the same at the apartment owned by Mr. Andres U. Barcena, Jr.;

4. That the materials were delivered to and received by Mr. Andres U. Barcena, Jr.on January 20, 2012 as evidenced by a Delivery Receipt.

5. That with the help of another co-employee, Mr. Ricardo Santos, we were able toinstall the said aluminum and glass supplies to the three-storey house of Mr. Barcena, Jr.

to his satisfaction as evidenced by Proof of Completion of Services dated March 10,2012.

6. That prior to March 10, 2012, I previously installed aluminum frame and glasswindows several times at the other buildings owned by Mr. Barcena, Jr. and the same

were done to his satisfaction.

I executed this affidavit to attest the truthfulness of the foregoing facts and to support the

filing of Civil Case against MR. ANDRES U. BARCENA, JR.


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AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 21ST day of November,


MYLES DEL ROSARIO

Affiant

SUBSCRIBED AND SWORN to before me this 21st

day of November 2012, at

Tuguegarao City, Cagayan. I HEREBY CERTIFY that I have personally examined the herein

affiant and I am satisfied that he voluntarily executed and understood his given affidavit.

ATTY. RICHARD L. SUYU2ND




PTR No. 2513329


Not. Reg. No. 001Page 001; Book 001;

Series of 2012


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Republic of the Philippines )

Tuguegarao City, ) s.s.

Cagayan

x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT

I, Lilian Marasigan, 36 years old, married, resident of #87 Santol Street, Panacal Village,

Tanza, Tuguegarao City, Cagayan, after having sworn in accordance with law, do hereby depose

and state THAT:

1. I have been hired as a purchasing officer by Segunto Aluminum and GlassSupplies owned by Mrs. Milagros B. Segunto;

2. That I have been working as a purchasing officer since November 17, 2008 atSegunto Aluminum and Glass Supplies.

3. That I was present at the time when the Contract of Sale and Service on thedelivery and installation of aluminum and glass supplies was signed by Mrs. Milagros Segunto

and Mr. Andres U. Barcena, Jr. on January 10, 2012 at Tuguegarao City, Cagayan.

I executed this affidavit to attest the truthfulness of the foregoing facts and to support the

filing of Civil Case against MR. ANDRES U. BARCENA JR.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 21ST

day of November,


LILIAN MARASIGAN

Affiant


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SUBSCRIBED AND SWORN to before me this 21st day of November 2012, at

Tuguegarao City, Cagayan. I HEREBY CERTIFY that I have personally examined the herein

affiant and I am satisfied that he voluntarily executed and understood his given affidavit.


2ND

Floor Laggui Bldg.,

Caritan Centro, Tuguegarao CityMCLE Compliance No. III

IBP No. 111508Issued on December 21, 2008PTR No. 2513329


Not. Reg. No. 002

Page 002; Book 001;

Series of 2012


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SEGUNTO ALUMINUM AND GLASS SUPPLIES

VAT Reg. TIN-914 -9769600

#3 Balzain Highway, Tuguegarao City, Cagayan

PROOF OF COMPLETION OF SERVICE

TO WHOM IT MAY CONCERN:

This to certify that the services contracted by the undersigned from Segunto Aluminum

and Glass Supplies for the installation of aluminum with tinted glass windows has been

completed on March 10, 2012 as agreed upon by the parties.

This certifies further that the installed windows were to the satisfaction of the

undersigned and in accordance with the designs and specifications.

Done this 10th day of March 2012 at Tuguegarao City, Cagayan.

ANDRES U. BARCENA, Jr.


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PROMISSORY NOTE

I, Mr. Andres U. Barcena, Jr., do promise to pay Mrs. Milagros B. Segunto, sole

proprietor of Segunto Aluminum and Glass Supplies, the sum of FOUR HUNDRED

THOUSAND PESOS (P400,000.00) on or before March 15, 2012, as full payment for the

contract price amounting to ONE MILLION PESOS (P1,000,000.00) in consideration of the

supply of Aluminum Metal Frames and tinted glass windows and the installation of the same to

my apartment.

Signed,

MR. ANDRES U. BARCENA, Jr.

March 10, 2012

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