complaint - practice court

8/13/2019 Complaint - Practice Court

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Republic of the Philippines

REGIONAL TRIAL COURT

11THJudicial Region

Branch 30

Tagum City

DETERMINED RESOURCE INC.

duly represented herein by its

President and General Manager

Mr. Orugodio Nagwalta Uttawa

Plaintiff,

- Versus -CIVIL CASE NO.: 032-14

FOR: Sum of Money,Damages, AttorneysFee, With Prayer ForIssuance of Writ of

PreliminaryAttachment

ABSCONDIOR MARKETING

DEVELOPMENT CORPORATION

Defendant

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

COMPLAINT

Plaintiff DETERMINED RESOURCE INC., by counsel,

respectfully alleges that:

1. It is a duly license corporation existing, in accordance with

Philippine laws. Its principal office is situated at Madrasto

Building, Bonifacio Street, Tagum City, Philippines; and for

purposes of this suit, is represented herein by its President

and General Manager Mr. Orugodio Nagwalta Uttawa, of legal

age, Filipino and a resident of Esmeralda Subdivision, Barangay

Canocotan, Tagum City, Philippines;

2. Defendant is likewise a corporation duly organized and existing

under the Philippine laws with principal office at Terra Vera Building,


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Rizal Street, Tagum City, Philippines where it may be served with

summons and court processes;

3. Parties herein have capacity to sue and be sued;

4. Plaintiff is engaged in the business of contracting/sub-contracting forRoad Works, General Engineering Consultancy and Building

Constructions;

5. On August 14, 2013, two (2) Contracts of Undertaking (Annexes

Aand Bhereof) were entered into by the parties for the

construction of:

(1) Road Development and Rehabilitation of:a) Andap Intersection to Sawa Bridge [(7 km. length) x

(6 m. wide) x (0.20 m thickness)] ; and

b) Reef-Wrapping of portions of Liego River by the

Sawa Bridge [2 sides x (1 km length) x (6 m slope)

x (0.30 m thickness);

and

(2) Reinforces Concrete Piping along the road adjoining Andap

Intersection to Sawa Bridge.The Scope of Work are more

particularly described as follows to wit:

ROAD Development/Rehabilitation Works

1. Mobilization and Clearing of the Site

2. Provision of Heavy and Light Duty Equipments

3. Surplus Unclassified Excavation

4. Embankment Filing

5. Sub-grade preparation

6. Preparation of Aggregate and Sub-base Course

7. Compaction Works

8. Final Tapping and Grading

9. Demobilization and Clearing Works

Reinforced Concrete Pipes/Culvert Laying Works

1. Mobilization and Clearing of Site

2. Provisions of Heavy and Light Duty Equipments

3. Structure Excavation

4. Setting of Reinforced Concrete Pipes

5. Stone Masonry

6. Constructions of Wiring Walls

7. Demobilization and Clearing Works


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6. Pursuant to the said contract, plaintiff shall be paid an amount of Ten

Million Six Hundred Thousand (Php 10,600,000) pesos;

7. On September 30, 2013, all aforesaid projects were completed by

the plaintiff (attached as Annex Cand Dare the Certificate of

Completion attested to by the plaintiffs representative;

8. As such, on October 10, 2013, plaintiff issued a Final Billing (Annex

E) to the defendant for the latters unpaid balance amounting to

Eight Million Seven Hundred Thousand (Php 8,700,000) Pesos;

9. Despite repeated demands for the aforesaid amount (attached

Annexes F and G are Demand Letters dated November 28 and

December 15, 2013) defendant unreasonably refuse to settle the

same to the damage and prejudice of the plaintiff

10. Worse, defendant has made it appear that the aforesaid projectsare still incomplete despite the fact that even its officers have

certified to their completion and the same being utilized by moving

vehicles as well as the residents of the area;

11. Under the circumstance, plaintiff was thus compelled to engage the

service of counsel for a fee in order to take appropriate legal action

and protect its interest, thereby incurring actual damages by way of

attorneys fees and appearance fees, in addition to other incidental

litigation expenses and costs of suit which may be incurred hereon;

12. Needless to emphasize, defendants dealing with the p laintiff, is

tainted with bad faith as is characterized with fraud or deceit by way

of unreasonable refusing to honor a just and valid obligation.Consequently, awards of actual damages in favor of plaintiff are

further warranted;

13. In the meantime, a writ of preliminary attachment is requested to be

issued herein so as to prevent defendant from removing and

transferring its properties and thus escaping its lawful

responsibilities to the plaintiff.


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PRAYER

WHEREFORE, premises considered, plaintiff prays that after

due trail, the Honorable Court render judgment ordering that:

1. Defendant fully pay its unpaid accounts amounting to P

8,700,000.00 pesos;

2. Award in favor of the plaintiff:

a. Attorneys fees in the amount of P500,000.00 and

appearance fee of P5,000.00 for every hearing; and

b. Litigation expenses of P500,000.00

3. A writ of preliminary attachment be forthwith issued; and

4. Other relief and remedies as may be deemed just and equitable

under the premises.

Tagum City, Philippines, 4thof January, 2014

OTAZA and TATADLAW OFFICE

Counsel for the Plaintiff

3rd Street, Magtangol Boulevard

Tagum City

By:

PATRICK TATAD

Roll No. xxxx-xx

MCLE Complaince No. III-xxxx-01, 2014

PTR No.: xxxx-xx

IBP No.: xxxx-xx

Tel No.: (084)-xxxx-xx

Fax No.: (084)-xxxx-xx

Tagum City


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REPUBLIC OF THE PHILIPPINES)

CITY OF TAGUM . . . . . . . . . . . . .) s.s.

CERTIFICATION AND VERIFICATION

I, ORUGODIO NAGWALTA UTTAWA, of legal age, Filipino and

resident of Canocotan, Tagum City, Philippines, after having been

sworn to in accordance with law hereby depose and states that:

1. I am the President, General Manager and Authorized

Representative of DETERMINED RESOURCE INC.;

2. I have caused to be prepaired the foregoing COMPLAINT

and have read and known the contents thereof and the

allegations thereof are true and correct based on my personal

knowledge and records in my possession;

3. Plaintiff has not heretofore commenced any action or filed

any claim involving the same issue before the Supreme

Court, the Court of Appeals or in the different division thereof,

or in any other court, tribunal or quasi-judicial agency;

4. Based on my personal knowledge no such action or claim is

pending before the aforementioned courts, tribunal or quasi-

judicial agency;

5. If ever I should learn hereafter that a similar action or claim

has been filed or is pending before any court, tribunal or

quasi-judicial agency, I shall, within five (5) days from

knowledge thereof, immediately inform this Honorable Court

of such fact.

IN WITHNESS WHEREOF, I have hereunto affixed my signature this 4 th

day January, 2014 at Tagum City, Philippines.

ORUGODIO NAGWALTA UTTAWA

Affiant


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SUBSCRIBED AND SWORN to before me this 4thof January, 2014 atTagum City, Philippines, affiant exhibited to me his Official Drivers License

Number: XX-4234-0453.

BOB OTAZA

Notary Public

Doc. No.__________

Page No.__________

Book No.__________

Series of 2014.

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