Republic

of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 8, Baguio City


CHARLIE P. MARCELO,



Plaintiff










CIVIL CASE NO.: ______________
-versus-









FOR: BREACH OF CONTRACT
BOB THE BUILDER, INC.,



WITH DAMAGES



Defendant.

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


COMPLAINT

COMES NOW, Plaintiff by counsel and unto this Honourable Court
respectfully states that:

1. Plaintiff is a Filipino, of legal age, and a resident of No. 98 Purple
Lane, Ridgewood Subdivision, Guisad Road, Baguio City,
Philippines;

2. Defendant is a company duly organized and existing under the
laws of the Philippines, with principal office and address at No. 39
Upper Bakakeng, Baguio City, Philippines where summons and
other processes may be served;

3. Plaintiff desired that a two-storey house be built on his property
located at 747 South Park, Suello Village, Baguio City and
Defendant offered its services to the Plaintiff. Through its
representation that it has sufficient experience and capability to
construct the project within a fixed schedule, the Plaintiff
accepted the Defendants offer.

4. Plaintiff and Defendant entered into a Contract for the
Construction of a House. The agreement is attached to this
complaint as Exhibit A. The agreement was clear that the house
was intended for the forthcoming marriage of Plaintiffs sister on
the November 7, 2014.

5. Defendant agreed to complete the construction project described

in the contract within the schedule set by the parties, which is
from July 14, 2014 to October 14, 2014.

6. Defendant set the contract price at One Million Pesos
(Php1,000,000.00) to which the Plaintiff assented to. Both parties
agreed that the advance/ partial payment of Five Hundred
Thousand Pesos (Php500,000.00) will be given by the Plaintiff
within five (5) days after the execution of the contract and the
remaining Five Hundred Thousand Pesos (Php500,000.00) will be
given after the issuance of the Certificate of Final Completion and
Acceptance.

7. The Plaintiff delivered and Defendant received the advance/
partial payment on May 5, 2014 as evidenced by the
Acknowledgment Receipt signed by the defendant, attached
hereto as Exhibit B.

8. Defendant commenced the construction on July 14, 2014 and
while it was only about Fifty Percent (50%) complete, the
Defendant, without any explanation whatsoever, abandoned the
project on August 20, 2014. This notwithstanding Defendants
knowledge that the construction of the house was intended for
the forthcoming marriage of Plaintiffs sister. All the construction
equipment and materials were withdrawn from the site and the
workers were advised not to report from such date.

9. Upon closer inspection, some of the materials used were
substandard and failed to comply with the general building code
requirements. The overall work indicated poor workmanship
(Marble slabs installed were not approved by the owner; Beam
below the 1st landing at the ground floor is too low; Ground floor
finish floor line is below the ordinary flood level in the area. The
contractor has been repeatedly instructed to raise the ground
floor finish elevation but insisted on their decision; Poor
supervision of the construction works, etc.). Defendant was
impervious to notices of these defects and deviations. Some
pictures are attached herein as Exhibit C.

10.
Plaintiff exerted efforts to meet more than a few times with
the Defendant to obtain some explanation as to why he deviated
from the agreement specifications and building standards.
Plaintiff also sought Defendant s reason as to why the project was
abandoned. Defendant, however, merely evaded the Plaintiff and
refused to communicate. On several occasions, the principal office
of the Defendant was closed and their phone lines were
disconnected. Plaintiff demanded that the project be continued

and sent a letter to the Defendant. Unfortunately, despite

repeated demands by the Plaintiff, the Defendant did not respond.
The project remains unfinished to this day. A copy of the demand
letter is attached herein as Exhibit D.

11.
By reason of Defendants unreasonable failure and refusal
to comply with his obligation despite demand, Plaintiff was forced
to engage the services of another contractor to continue the
project and repair the portions of the project that do not comply
with the specifications and the general building standards.
Plaintiff incurred an expense of Two Hundred Thousand Pesos
(Php200,000.00) for the purpose of repairing what has been
poorly constructed.

12.
Defendants bad faith and willful refusal to comply with his
obligation despite demand also necessitated the filing of this
complaint. The Plaintiff was compelled to obtain the services of a
counsel to vindicate his rights committing himself to pay legal
services amounting to Fifty Thousand Pesos (Php50,000.00).



PRAYER



WHEREFORE, Plaintiff respectfully prays that judgment be
rendered in his favor through a Decision directing Defendant to pay
him:

(a) TWO HUNDRED THOUSAND PESOS (Php200,000.00) as
ACTUAL DAMAGES for the necessary repairs on the
deviations done on the project;

(b) TWO HUNDRED FIFTY THOUSAND PESOS (Php250,000.00)
as LIQUIDATED DAMAGES;

(c) FIFTY THOUSAND PESOS (Php50,000.00) as MORAL
DAMAGES;

(d) FIFTY THOUSAND PESOS (Php50,000.00) as Attorneys
Fees.


Other just and equitable reliefs are likewise prayed for.



This 12th day of January 2015, in the City of Baguio, Philippines.



ATTY. LOREAL P. RIO
Counsel for Petitioner
202 3F Prudential Bldg., Session Rd., Baguio City
PTR No. 66570; 01/04/2013; Baguio City
IBP OR No: 1234564; 01/04/2013; Baguio City
Roll No.: 93422; 04/08/2010



REPUBLIC OF THE PHILIPPINES }
DONE: IN THE CITY OF BAGUIO } S.S.

VERIFICATION AND CERTIFICATION

I, CHARLIE MARCELO, a Filipino, of legal age, and a resident of
No. 98 Purple Lane, Ridgewood Subdivision, Guisad Road, Baguio City,
Philippines, subscribing under oath, hereby deposes and states that:

1. I am the complainant in the instant case;

2. I have read the foregoing Petition and the allegations therein are
true and correct of my own knowledge and/or based on the
records on hand; and

3. I attest to the authenticity of the annexes thereof.


I certify further that:

1. I have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or
different Divisions thereof, or any other tribunal or agency;

2. No such action or proceeding is pending in the Supreme Court, the
Court of Appeals, or different Divisions thereof, or any other
tribunal or agency; and


3. If I should learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or
different Divisions thereof, or any other tribunal or agency, I
hereby undertake to notify this Honorable Court within five (5)
days from such notice.


IN WITNESS WHEREOF, I have hereunto affix my signature this
12th day of January 2015 in the City of Baguio, Philippines.



CHARLIE MARCELO
Affiant
Passport No. AW9334210
Issued: 01/12/2012; Baguio City




SUBSCRIBED AND SWORN to before me, in the City of Baguio,
this 12th day of January, 2015 by the affiant who has satisfactorily
proven his identity to me through his Passport Identification Detail
indicated below his name, that he is the same person who personally
signed the foregoing document before me and who acknowledged that
he executed the same.

Doc. No. 26;
Page No. 6;
Book No. I;
Series of 2015.

ENRIQUE T. ARAGON
Notary Public
Until December 31, 2015



100A Session Road, Baguio City


(074) 422-1234


PTR No. 1928374/Baguio City/01-04-14


Roll of Atty. No. 67548/05-18-10

IBP OR No. 739281/Baguio-Benguet/01-04-13

MCLE Compliance No. IV-90210/04-22-13


Commission Serial No. 01-NC-11 (R)
TIN: 302-760-343


Exhibit D
DEMAND LETTER

01 October 2014

ENGR. ELI C. CONTIS
BOB THE BUILDER INC.
No. 39 Upper Bakakeng, Baguio City, Philippines


Dear Mr. Contis:


I am writing in behalf of my client Mr. Charlie Marcelo. Please be
reminded that you have failed to comply with your obligations to him
under the Contract for the Construction of a House, which you have
signed in behalf of Bob the Builder, Inc. in your capacity as President
and Representative. Requests have been made upon you to explain your
unjustified abandonment of the project and several demands were given
asking you to continue with the construction but you refused to comply
and cooperate.


This formal and final demand is now being made upon you to
comply with your obligations under the said contract within five (5)
days from receipt of this letter, otherwise, my client will have no option
but to file the appropriate case against you in the courts of law.


It is recommended that you act on this matter immediately to
avoid the embarrassment and rigors of court litigation. Thank you.


Very truly yours,


ATTY. LOREAL P. RIO
202 3F Prudential Bldg., Session Rd., Baguio City
PTR No. 66570; 01/04/2013; Baguio City
IBP OR No: 1234564; 01/04/2013; Baguio City
Roll No.: 93422; 04/08/2010

Exhibit C

Exhibit B

ACKNOWLEDGMENT RECEIPT

This to acknowledge the receipt of the amount of five hundred thousand
pesos (Php500,000.00) cash as advance/ partial payment for the construction of the
project stipulated under the CONTRACT FOR THE CONSTRUCTION OF A HOUSE
entered into by and between the contractor BOB THE BUILDER, INC., represented
by Engr. Eli C. Contis, and the owner Mr. Charlie P. Marcelo.



Received the aforementioned amount from Mr. Marcelo this 5th day of May
2014 at Banco De Oro Marcos Highway, Baguio City.



Signed:



_____________________________
Engr. Eli C. Contis

BOB THE BUILDER, INC.